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Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....aintiff did not implead the Government as a party. The lower Appellate Court found that the Government was a necessary party under President's Order 142 of 1972 under Article 6 clause A and since mandatory provision of aforesaid President's Order was not complied with the present suit was no......s came in the year 1965. The Defence of Pakistan Ordinance and Rules were repealed in the year 1969, but by Ordinance No. 1 of 1969 promulgated by the then Central Government of Pakistan, some of the provisions of the Defence of Pakistan Rules‑were kept alive and continued. Thereafter by Act No.XL..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......three months from the date of receipt of the notice, appeal to the District Judge and the decision of the District Judge shall be final. (The underlining is mine). 11. An analysis of the aforesaid provisions of the Ordinance shows that an appeal lies to the District Judge only under sub‑section..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....er noted above, Mr. Ataur Rahman Khan contended that there could be no immediate ground for taking a proceeding under section 107 CrPC against the petitioners; and that there was a noncompliance of a mandatory provision since the impugned order did not disclose that the learned Sub-divisional Magist...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Category: Fiscal/Taxation Law | Date: | Hits: 0
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ......ase and the instant appeal is directed against that judgment and order dated 28.5.2005. 14. Mr. Golam Arshed, the learned Advocate upon referring to the provisions of Order 43 Rule 1 of the Code of Civil Procedure submits that it is apparent from the re..Category: Civil Law, Procedural Law | Date: | Hits: 2
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ......t further says that any interest devolving on a Hindu widow shall be the limited interest, but she shall have the same right of claiming a partition as a main owner. 3. Considering the aforesaid provisions of Sub-Section 1 and 3 of Section 3 of the Hindu. Womens rights to the Property..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
.... two grounds before this Court. He firstly contended that provisions of section 339C (4) firstly contended that provisions of section 339C (4) of the Code of Criminal Procedure is mandatory in nature and the case having been stopped and the accused persons having been released th......ase has been challenged by the petitioners before this court. 5. Mr. Taleb Ali, learned advocate appearing for the petitioners, submitted two grounds before this Court. He firstly contended that provisions of section 339C (4) firstly contended that provisions of section 339C (4)&..Category: Criminal Law, Procedural Law | Date: | Hits: 1
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......t her the Acting President's Order of 26.12.71 was a legislative instrument or an executive act. It is not necessary to enter at this stage with this controversy excepting to state that under the provisions of the proclamation of independence, the President and the Acting President has powers to..Category: Abandoned Properties Law | Date: | Hits: 7
Category: Constitutional Law | Date: | Hits: 2
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......Although the learned District Judge has the jurisdiction to transfer the Artha Cases from one Court to another Court of competent jurisdiction not under the Code of Civil Procedure but under the provisions of Artha Rin Adalat Ain, 2003….........(8) Lawyers Involved: Pankaj Kuma..Category: Banking Law, Civil Law | Date: | Hits: 3
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......o give without giving the prosecution a chance to adduce evidence because there is a world of difference between making out a prima facie case and proving a case beyond reasonable doubts. 9. The provisions of section 241A Cr.P.C (corresponding more or less to those of section 265C Cr.P.C.)..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......and rejected the prayer for revival of the case. Hence this Rule. 4. The learned advocate for the petitioner has frankly expressed his difficulty in pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposing criminal cases. T..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......y be called a double detention and such double detention is not intended either by section 3(1)(a) or by Rule 30(1)(b), because it is plainly unnecessary and outside the purview of both the provisions. The extreme argument that was made by the Deputy Advocate General was repelled by the Su..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......he needs of the people at large providing for rights and remedies and obligations of the litigant public and a Court of law shall only uphold those laws if necessary by propounding and explaining the provisions as and when necessary in given circumstances but it cannot create new right or remedy or ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hear a Family Appeal. Before addressing this legal question, let me have a glance over section 17 of the Family Courts Ordinance, 1985 which reads as follows: "Section 17 Appeal (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment and decree or order of a Family C..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ...... further submitted that the decree holder after obtaining the preliminary decree dated 11.07.2007, started Artha Rin Zari case No.512 of 2008 and the Artha Rin Adalat No.1 in not giving effect to the provisions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18...Category: Civil Law | Date: | Hits: 37
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ...... resolution adopted, or any decision taken, by the general body or the Executive Committee of such trade organization if he is satisfied that such resolution or decision is not in conformity with the provisions of the articles or memorandum or any rules or regulations made thereunder, or that the re..Category: Business or Commercial Law | Date: | Hits: 72
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......রের ভিত্তিতে মূল্য সংযোজন কর ধার্য করিতে পারিবে। (Underlined and emphasis supplied) 21. If we glean these provisions, we find that under one registration certificate different business can be done but the r..Category: Fiscal/Taxation Law | Date: | Hits: 40