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Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... 1.3 C.P.C. when the suit was called on for hearing on 7‑6‑1990 and ex parte decree passed. 11. For the reasons stated above, we hold that the learned Subordinate Judge was manifestly wrong in holding that after the restoration of the suit dismissed by default, the defendants were not entitle..

Category: Procedural Law | Date: | Hits: 88

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......aternal grand‑father. 3. Mr. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of seven years ..

Category: Family Law | Date: | Hits: 136

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....ed 14.10.2008 prepared by the Ministry of Chittagong Hill Tracts Affairs for the consider­ation of the Chief Advisor to the Caretaker Government. These indicators include: (1) communication; (2) non-agricultural land; (3) education; (4) electrification; (5) health and sanitation; (6) safe drinking ......rovisions of a genre different from those otherwise found preceding it in Section 41(1). Mr. Razzaq has submitted that Section 41(1) (Gha) in particular and Section 41 in general, and the cause for upholding the supremacy of the Constitution under Act No.12 of 1998, would have been better served sho..

Category: Constitutional Law | Date: | Hits: 314

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......name of his three minor sons final­izing the purchase and while he was preparing to construct a two storied building in the suit land by obtaining approved plan from the Municipality upon paying the holding tax and mutat­ing the name of his sons, the father-in-law of the defendant No.3 Habibur Rah..

Category: Property Law | Date: | Hits: 119

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......evoid of substance" Thereafter, a Civil petition being Civil Petition for Leave to Appeal No.1634 of 2009, has been pre­ferred before the Appellate Division praying for an injunction restraining the holding of election of the Directors in the 10th AGM, however, the Appellate Division was not please..

Category: Criminal Law | Date: | Hits: 100

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......ty. Learned Joint District judge in respect of 'Gha' schedule land held that in this money also Muslim law of inheritance will apply. It is our considered view that the learned Judge was not legal in holding so. When any body get any job his/ her life is regulated by service rules of that employ­er..

Category: Civil Law | Date: | Hits: 136

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... Have the plaintiffs their alleged right, title and interest in the land and, if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in the suit jote and entitled to get saham of 11 kanis and ..

Category: Property Law | Date: | Hits: 97

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......nder section 302/34 of the Penal Code. Consequently the case record was transmitted to the Court of the Sessions Judge who transferred the same to the Court of the Additional Sessions judge who after holding trial convicted and sentenced the condemned prisoner and the convict appellants as aforesaid..

Category: Criminal Law | Date: | Hits: 94

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......thers, the amount of loan shown to be advanced by the Respondents to the Company having doubled in the revised versions and the Petitioners having been shown not to have made pay­ments on their shareholdings whereas in the Audit Reports the Company has been shown to have a fully paid-up share capit..

Category: Company Law | Date: | Hits: 177

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......° যোগ করিতে হইবে। "also for declaration." The learned Munsif after hearing e matter was pleased to reject the application for amendment by his order dated 24‑12‑85 holding, inter alia, that in the proposed amendment there is prayer for 2 declarations but, in fact,..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......in the relevant certificate proceeding to be a nullity on the ground of certificate proceedings having been started fraudulently against a dead person. So, I hold that the learned Munsif was wrong in holding that the plaintiff could not file the suit under the general law, because the plaintiff file..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......the bank a relationship of creditor and debtor is created within the meaning of section 2(Kha) of the said Ain. 5. By the impugned order dated 18‑7‑96 Artha Rin Adalat rejected the application holding that plaintiff‑respondent No.2 is a financial institution on the basis of certificate date..

Category: Civil Law | Date: | Hits: 119

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......te, Dhaka, which was sent to the Paltan Police Station and recorded as G.R. Case No.60 of 2010. 4. The case was investigated by Abdul Jalil Sub-Inspector, Paltan Police Station DMP Dhaka and after holding investiga­tion submitted charge sheet being No.53 dated 07.02.2010   under Sectio..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......urt to consider the evidence of P.Ws and D.Ws on record, but the learned appellate Court did not consider the deposition of the P.Ws and D.Ws on record and it affirmed the judgment of the trial Court holding that the learned trial Court elaborately discussed all the issues in the suit. 11. I have..

Category: Property Law | Date: | Hits: 106

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... tenures, land holding and transfer with the view to maximizing pro­duction and ensuring a better relationship between land owners and bargaders and the provision of entire Ordinance are relating to agricultural and cultivable land holding and transfers and not relating to urban land and the provis......int contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing pro­duction and ensuring a better relationship bet..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Gov..

Category: Property Law | Date: | Hits: 113

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......y the learned trial Court with­out reversing his finding and referring to the material on which the trial Court based his finding. He further submits that the learned appellate Court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. Accord..

Category: Procedural Law | Date: | Hits: 81

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......started with the lodging of FIR on 17.12.2003 and after investiga­tion police submitted report under sec­tion 173 of the Code of Criminal Procedure on 29.10.2004. So in the instant case question of holding investigation by the Durnity Daman Commission or any authorized officer of the commission as..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......or poisoning (Reference Mode's Medical Jurisprudence Toxicology at page 571). In this case no such marks or signs were found on the dead body of the deceased Anika Snikder Lucky either at the time of holding inquest or at the time of holding post mortem exami­nation. On perusal of (the Ext. VII ser..

Category: Criminal Law | Date: | Hits: 97

M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......om the defendant No.3, Chittagong Port Authority but it was found that the consignment was lying in damaged condition at Jetty Shed No.7, and as such the plaintiff applied to the defen­dant No.2 for holding joint survey of goods but the defendant No.2 refused to do so by their letter dated 21.5.197..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570