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Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......ut this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an il­legal order in the interest of justice and correct the same. This view finds support from the decisions re­ported in 2..

Category: Procedural Law | Date: | Hits: 174

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ....../70 for correction of record and since the case was verbally compromised, the same was withdrawn and dismissed for non‑prosecution. Further case of the plaintiff is that although defendant 8 had no interest in the suit land, he sold some lands to defendant 9 out of the suit holding by kabala which..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......ed for his release. 2. In the petition it has been stated that the de­tenu was served with an order of detention under Special Powers Act on the allegation that he was acting against the economic interest of the State. The order of detention was served on the detenu on 6.3.89 and he was arrested..

Category: Criminal Law | Date: | Hits: 109

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ach of any obligations under the agreement with the bank is seen to be its sole aim. This has to be, otherwise not only the Bank will suffer from de­layed recovery, the entire financial and economic interests of the society will be prejudicially af­fected. Hearing of a grievance in any proceeding ..

Category: Civil Law | Date: | Hits: 119

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......the persistent evidence of the public witnesses regarding denial of their presence at the time of alleged recovery in no way can be cured by the official witnesses (police personnel) who are none but interested in this case." 31. In view of all these, we can not discard the evidence of P.W.1 to P..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ...... were best placed to decide the matter from technical and requirement point of view and, as such, her acceptance of the recommendations was in good faith and bona fide exercise of power in the public interest and in the interest of the country and, as such, the same cannot be an offence. It is admit..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......ntiff while serving as teacher of Loknath High School, he was removed from that school for such activities, that the Managing Committee after considering all aspects, and also considering the greater interest, smooth and congenial atmosphere in the school, adopted the resolution dated 24‑6‑86 an..

Category: Employment/Service Law | Date: | Hits: 166

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......id co-sharers. By an amicable partition Abdul Malek Mollah got 13 decimals of land of the case holding who died leav­ing wife, a son and two daughters. On the death of Abdul Malek Mullah's wife, her interest devolved upon her son and daughters. The pre-emptee’s father Sultan Uddin Bhuiyan was a b..

Category: Property Law | Date: | Hits: 138

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ......strict of Dhaka and that respondent No.4 namely, the Metropolitan Chamber of Commerce and Industry is also one of the two recognised trade organisations, recognised by the Government to represent the interest of trade and commerce of Narayanganj and Dhaka and therefore, have equal right of represent..

Category: Civil Law | Date: | Hits: 162

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ...... called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises were constructed with pucca floor, walls with tin roof and were lot out to the predecessor‑in‑interest of the petitioner by the predecessor‑in‑interest of the respondent Nos .6‑14 before t..

Category: Property Law | Date: | Hits: 92

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......suits. The matter in issue involved in both suits referred above are directly and substantially the same. Section 10 CPC does not intend to take away inherent power of the Court to consolidate in the interest of justice in appropriate cases. In the previously instituted suit (TS No.365 of 1988) defe..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......ant for the dismissal of the Rule may be stated as follows: 3. The plaintiff petitioner instituted the above suit against the defendant opposite party praying for a decree of Taka 8,00,000.00 with interest thereon i.e. a total sum of Taka 9,00,000.00 on the basis of a promissory note as executed ..

Category: Procedural Law | Date: | Hits: 125

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......on payment of decretal amount. 2. In Civil Revision No.941 of 2005 it is the case of the petitioner that Bangladesh House Building Finance Corporation sanctioned loan of Taka 7,90,000 at 5% simple interest on 23-3-1979 in favour of loanee, Md. Khurshed Alam Khusnavish, for constructing a 3 storie..

Category: Civil Law | Date: | Hits: 198

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......,000.00 by executing and registering two sale deeds, one on 15.12.76 and other on 27.1.78. After sale of the suit land to e defendant Nos.1 and 2 the pro forma defendant Nos.7 and 8 had no subsisting interest to sell the same to the plaintiffs. The alleged bainapatra and sale deeds in favour of the ..

Category: Property Law | Date: | Hits: 154

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institution of the suit together ..

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......s Order No.1 of 1972) but does not include. (a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any property which is in the possession of or under the control of ..

Category: Property Law | Date: | Hits: 158

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ing the defendant ­respondents-petitioners and the plaintiff-opposite parties have been owning and peacefully possessing the suit land by growing seasonal crops and the defendant-petitioners have no interest and possession over the suit land including the schedule land. The defendant-petitioners wi..

Category: Property Law | Date: | Hits: 144

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......ded in Article 7(4) of the said Order. It has further been stated in the petition that there is no reason for issuance of the impugned order which was passed without any basis at the instance of some interested persons for collateral purposes. No notice or opportunity of being heard was given to the..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ...... Judgment. 2. Rajshahi Krishi Unnayan Bank, the plaintiff-­respondent instituted the aforesaid suit for realisation of unpaid loan money from the defendant to the tune of Tk. 2,98,92.50 including interest service charges, etc. At the time of taking loan, the defendant appellant i.e. proprietor M..

Category: Civil Law | Date: | Hits: 169

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

....ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ......n loosely used by the Tribunal. 5. It was contended before us by the Revenue that the Taxes Appellate Tribunal erred in holding that the payment was made out of commercial expediency and in larger interest of the assessee’s business and because of the various benefits it6 used to receive from t..

Category: Fiscal/Taxation Law | Date: | Hits: 266