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M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....uit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defenÂdant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......orward to exeÂcute and register the sale deed. It is further stated that thereafter the plaintiff through his appointed lawyer tried to contact the ConÂstituted Attorney of the defendant No.1 in order to pursue him to complete the sale but the appointed lawyer of the plaintiff could not trace ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
.... order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......tent of 25% of the deÂcretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......urity on a given date affording the petitioner opportuÂnity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportuÂnity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
5......tent of 25% of the deÂcretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ...... continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of the government and treating the property as abandoned property under section 92 of the Stat......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....ny order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
...... into possession, the Court may exercise its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appe......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....¦â€¦â€¦â€¦â€¦Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
December 6, 2005.
Result:
The Rule is made absoÂlute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frus......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
...... 14.9.1998. She went to the college to resume
her duties on 15.9.98 but the defendant No.1 refused to accept her joining
letter informing her that she has been dismissed from her serÂvice and the
order of her dismissal has been published on 2.9.1998 in a local daily
"Sandhan" as a notification ......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Opposi......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ...... - For the petitioners. Momtazuddin Ahmed - For the Opposite Parties. Civil Revision No.178 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title App......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
....sed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......ellant. No one — For the Respondents. Trade Mark Appeal No. 26 of 2001 Judgment Md. Awlad Ali J. - This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 f...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his conviction and sentence under section 302 of the Penal Code by the Impugned judgment and order dated 9-9-2003 passed in Sessions Case No. 57 of 2002 arising out of Chunarughat Police Statio......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nal petition is, therefore, dismissed. Ed. ......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......p; Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 affir......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....se is also Reported in: 26 BLD (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......l No.385 of 1997. Judgment AKM Fazlur Rahman J.-This appeal preferred by convict appellants (1) Jabbar, (2) Rafiq Mia, (3) Tuku and (4) Kibria Sheikh is directed against the judgment and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convi......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....(2007) 216. ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......given to the petitioner upon which the petitioner constructed the Bus Stand, in question, the lease-hold right being admittedly, heritable and transferable, the Government cannot cancel the allotment order arbitrarily without canceling the lease deed through the process of law as the petitioner's ri......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....the matter afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to se......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......p;……Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....asons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......ructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....st.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......à§à§¯dated 30.6.2005 that the Government has
approved the recommendation/ decision of the Tender Evaluation Committee
although the difference is more than Tk. 2,50,00,000.00 which is the impugned
order dated 30.6.2005. The petitioner thereafter moved this applicaÂtion and
obtained the present ......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....
(Special Original Jurisdiction)
Present:
Syed Md. Dastagir Husain J
Md. Ashfaqul Islam J
ASM Anayetullah & others.............................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors...................sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......General- For the Respondents.
Writ Petition No.4778 of 2003.
Judgment
Md. Ashfaqul Islam J.- This Rule was issued calling Upon the respondents to show cause as to why the impugned order dated 10‑7‑1969 passed by Deputy Magistrate and the Deputy Collector and Land Acquisition ......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......egations in the petition. It is stated in the affidavit in opposition that the Gram Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functi......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
.... for temporary injunction. Thereupon, the plaintiffs of the respective suits filed Miscellaneous Appeal Nos. 366 of 1994 and 367 of 1994 and in the said appeals High Court Division passed an order of ad interim injunction for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and......r temporary injunction. Thereupon, the plaintiffs of the respective suits filed Miscellaneous Appeal Nos. 366 of 1994 and 367 of 1994 and in the said appeals High Court Division passed an order of ad interim injunction for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and an......p; Md. Ruhul Amin J: Leave was granted upon observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefly not......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....iscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Banu resulting in profuse bleeding from her private parts and miscarriage. Then on 13‑8‑1998 he got his wife admitted into Terakhada Upazila Health Complex where she died on 14‑8‑1997 at 5‑10 AM due to h......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......l with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Cas......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
.... Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......e-Respondent. Criminal Appeal No.622 of 2000. Judgment SM Ziaul Karim J.- By this appeal, convict appellant Sadeque @ Sadequr Rahman has challenged the propriety of the Judgment and order dated 22-9- 1999 passed by the learned Additional Sessions Judge, Narsingdi in Sessions Case ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....nt July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisions of section 35 of the Evidence A......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ...... in an error in the decision occasioning failure of justice and as such I find no merit in the Rule and the same is liable to be discharged. 13. In the result, the Rule is discharged without any order as to cost. The judgment and decree of the appellate Court below is hereby upheld and that of ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
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