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Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......uld be waived or relinquished by a specific agreement was wrong on principle and authority. Mr. Pal argued that the right of pre-emption inheres in a co-sharer because of co-sharership in the land or holding and as such is amenable to be waived or relinquished by consent, conduct or acquiescence, ev..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......payment of entire money, claimed in the Execution Case before publishing the auction notices in the newspaper. The learned District Judge did not commit any error of law in passing the impugned order holding that the judgment debtor cannot be liable to pay the costs as claimed by the petitioner. ..Category: Civil Law | Date: | Hits: 276
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....Ťŕ¦¬ŕ¦ľŕ¦§ŕ¦żŕ¦•ŕ¦ľŕ¦°ŕ§€ out of mistake. Later by a correction case No.24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as 'owner-in-possession'. GC Basak settled 5.18 acre agricultural land out of the land of said khatian with Gowranga Chandra Das, the origÂinal plaintif......ated in the sketch map attached and marked as Y of the plaint. 14. In collusion with defendant-2, said defenÂdant being an employee of Dhaka Municipal Corporation managed to mutate his name under holding No.5/6 Topkhana Road. Defendant No.12 also being an employee of said corporation managed to ..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ...... XXI Rule 58 of the Code of Civil Procedure arising out of the Execution Case No.2 of 2002, are hereby set aside. The Misc. Case No.404 of 2004 is send back on remand to the concerned Court below for holding further investigation providing opportunity to the parties to examine witness and adduce doc..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......is Rule. 4. Mr. M.A. Aziz the learned Advocate appealing on behalf of the petitioners has urged that the Rule should be made absolute on the ground the learned Sessions Judge committed an error in holding that there was no finding that it was a case of extreme emergency which only would confer ju..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......de and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate comÂmissioner for making any inventory of the goods in stock in trade on holding accounts of the firm By order dated 23.1.81, plaintiff's prayers were allowed. One Advocate ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ed in 1968. It is also not known how many of the prosecution witnesses are alive or will be available when the trial, if at all, starts in the foreseeable future. We have, therefore, no hesitation in holding that further prolongation of the proceeding against the petitioner would be a sheer abuse of..Category: Criminal Law | Date: | Hits: 62
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... of its the then Secretary. It lays down the policy of the Government regarding the unutilised and the excess portion of acquired lands by different Ministries and authorities, discouraging them from holding on to such lands though the purpose for which they were acquired had ended. The memo urges t..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......of the appellant, submits that this is a case of no evidence, that the learned Sessions Judge committed error in convicting and sentencing the accused and that the learned Sessions Judge was wrong in holding the accused guilty finding him liable under section 106 of the Evidence Act. 8. On the ot..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... of the case, the pre-emptor filed this Miscellaneous case which is liable to be rejected. 5. After hearing the learned Assistant Judge, by the order dated 9-3-2003 rejected the Miscellaneous case holding that the pre-emptor could not prove regarding his ailment by adducing sufficient evidence. A..Category: Procedural Law | Date: | Hits: 133
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......ated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issued by the Collector of Customs, Customs House at Dhak..
Category: Administrative Law | Date: | Hits: 491
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......ibi Samity Ltd. from Constituency No.6 having been duly authorised to do so by the Managing Committee of his Samity. The said Jatiya Samity issued a notification on 7‑9‑94 fixing 24‑11‑94 for holding election and invited nomination papers from the members including the petitioner's Central S..
Category: Election Law | Date: | Hits: 600
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is acÂcordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......1.6.82 jet mostly due to the absence of the accused, no cross-examinaÂtion could take place. Lastly, on 5.2.82 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the eviden..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......manik Vs. Mohd Mokarram Hossain reported in 29 DLR (SC) 185 it has been held that: "An individual share-holder has no proprietary interest in the Company's property and its interests in his shareÂholding is not directly affected by the sale of the property-Right of action in case of loss of prop..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......rnishing information to the Hon'ble Finance Minister to announce in the Parliament the names of the defaulting borrowers. Secondly, the money suits being sub judice and as such, there is no basis for holding that the petitioner is a defaulting borrower and as such, the disclosure is without basis. T..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......f section 46 (1) of the Artha Rin Adalat Ain, 2003 (Annexure-G).The Artha Rin Adalat respondent No.1 by impugned order dated 10-06-2009 rejected the application relying on a decision of this Division holding that provision of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it rel..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......t. ConÂtents of this order dated 12-9-2004 of the MagisÂtrate clearly shows that, he has passed this order as per provision of sub-section (1) of section 145 of the Code, so that he can proceed for holding inquiry about the possession as per sub-section (4) of section 145 of the Code and can pass ..Category: Criminal Law | Date: | Hits: 105
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......o sold 40 1/2 decimals of land by a kabala dated 18.10.1977 in favour of the preemptor and his brothers the pre-emptee Nos. 21 to 24; that by that Kabala the pre-emptor became a co-sharer to the case holding; that the preÂ-emptee No.3 in collusion with the pre-emptee opposite party Nos. 1 and 2 tra..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......thout any mask, gumboots or helÂmets. The persons-in-charge of the yard admitted that they did not have any facility for management of waste materials. There was no waste oil/sludge oil removal site/holding tank/asbestos/hazardous materials dumpÂing/disposal site. Those concerned were not able to ..Category: Environmental Law | Date: | Hits: 688
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