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....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......orks of the project nor repaid the loan money. The Deputy Commissioner, Rangamati by his Judgment and order dated 18.08.1997 as contained in "Annexure-B" to the writ petition dismissed the Money Suit holding that
“বাদীর আরজি, বিবাদীর লিখিত জবাব..
Category: Civil Law | Date: | Hits: 74
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......d to RAJUK in presence of plaintiffs predecessor in interest. 13. The trial court on proper consideration of the material evidence on record, both oral and documentary, dismissed the suit properly holding that the plaintiffs could not prove their prima facie title to the suit land and the suit la..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....ing said issue learned Trial Judge found that plaintiff had been aware of case long before accrual of cause of action to lay suit and plaintiff failed to prove that he on 1-4-1995 became aware of the disputed case. 8. Learned Trial Judge decided Third Issue against plaintiff-opposite party. In de......m a rustic/village witness like P.W.3. Learned Appellate Judge found exception with the finding of learned Trial Judge on the point of limitation and held that Trial Judge was not at all justified in holding the suit to be barred by limitation. No exception can be taken to the decision arrived at by..Category: Property Law | Date: | Hits: 64
....ice. It appears from reply to the second show cause notice that his prayer for changing the inquiry officer Ruhul Amin was not considered and he was not given proper opportunity to defend himself. He disputed the inquiry report but did not say that no copy of the inquiry report was served on him or ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....er should take notice of, if considered relevant, in arriving at the decision while disposing of a petition under section 561A of the Code. 25. Besides, we do not regard the fact of seizure of the disputed fertilizer by police on 02.02.2000 or the fact that the pledged fertilizer were not adulter......e petitioner bringing the allegations of shortage of fertilizers, meantime seized by police on 02.02.2000, which, ex facie shows the falsity of the subsequent case filed on 13.02.2000; and that after holding a full-fledged trial the learned Judge of the Special Tribunal No.3, Bogra, passed Judgment ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......mpromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an order dated 15.3.1997 rejecting the application for compromise decree holding that respondent No, 3 had not agreed to the compromise and that there was no signature of re..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......sh Government was satisfied that the executant, Abdul Kader Mia was squarely a valid citizen to execute the kabulyat( Ext.1). 26. Now, let us examine how far the trial Court below was justified in holding that the suit was barred by law of limitation as well as barred by section 42 of the Specifi..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......d 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 of 1..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... Rule in Writ Petition No.9390 of 2010, in brief, are that the central executive committee of NASCIB by its resolution dated 15.9.2010 formed an Election Board as well as an Election Appeal Board for holding the election of its central executive committee for the term 2011-12. The Election Board dec..Category: Civil Law | Date: | Hits: 114
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....n. 11. We have gone through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and ...... 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised by the petitioner against the voter list prepared for holding the election. 2. The petitioner is the senior most sports organizer and social activist ..Category: Others | Date: | Hits: 94
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
.... of salary falls the petitioner by way of punishment and it is the settled principle that the punishment cannot be imposed upon the delinquent without giving any opportunity on being heard. It is not disputed that the petitioner is still holding the post of Accountant of the said College. It has bee......€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 3, 2010. Result: The Rule is made absolute. The right to office one holds and right to draw salaries is vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....ding by the learned appellate Court that all the P.Ws. being close relative of the plaintiff committed error in disbelieving them although there was no contradiction in their deposition regarding the disputed the agreement with the defendants and taking of delivery of possession of the suit land by ......aintiff got possession in the suit land through Imam Hossain, but the learned appellate Court found that no such statement is there in the plaint. So, the learned appellate Court was not justified in holding that no such statement has been made in the plaint. The learned appellate Court further held..Category: Property Law | Date: | Hits: 103
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......e the accused and record his reasons for so doing." 8. The learned Assistant Session Judge deemed to be Additional Sessions Judge came to the finding that the learned Magistrate acted illegally in holding that the offence could not be proved without assigning any reason whatsoever. He also observ..Category: Procedural Law | Date: | Hits: 78
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
....t any finding on possession, far less reversing the trial Court's finding thereon, but the High Court Division wrongly held that the lower appellate Court had found possession of the plaintiff in the disputed land, as such, Judgment of High Court Division is not sustainable. The Judgment and order o....... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....d. Bangladesh Bank by exhibit 10 confirms that upto US$ 5000 a person can legally keep. As stated above the total accused being five in number and they collectively can hold US$ 25,000. But since the disputed currency collectively is less than that of US$ 25,000 no offences has been comÂmitted. Exh......y the prosecution as evidence does not support the proseÂcution case rather disproved the allegation of proseÂcution. None of the prosecution witnesses deposed that the accused Nos.1 to 5 have been holding more than US$ 25,000 and, as such, there is no legal eviÂdence to sustain conviction neithe..Category: Criminal Law | Date: | Hits: 109
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....e flats were purchased on 26-8-2001, which is after the preliminary decree was passed against her husband, the Judgment-debtor and before the final decree. 29. Be that as it may, it appears that a disputed question of fact about the ownership of the flats is involved in this Rule on the impugned ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ted the suit. 4. The learned Senior Assistant Judge, Madhukhali, Faridpur decreed the suit by his judgment and decree dated 25.05.1999, holding that the defendant had not been in possession of the disputed land earlier and the plaintiff had been able to prove her case. 5. The defendant preferr......fendant (Opposite Party) field a written statement and contested the suit. 4. The learned Senior Assistant Judge, Madhukhali, Faridpur decreed the suit by his judgment and decree dated 25.05.1999, holding that the defendant had not been in possession of the disputed land earlier and the plaintiff..Category: Civil Law | Date: | Hits: 114
.... that the suit is barred by limitation. The learned Advocate further submitted that the defendants No.1 and 2 having not filed any written statement and having not deposed in the case challenging the disputed agreement the defendant opposite party (defendant No.5) only having contested the suit clai...... of the evidence and materials on record having decreed the suit the learned appellate Court committed error in allowing the appeal by setting aside the judgment and decree of the learned trial Court holding that the suit is barred by limitation. The learned Advocate further submitted that the defen..
Category: Civil Law | Date: | Hits: 103
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......pura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-DefenÂdant-Government of East Pakistan. e. Pleader Commissioner was appointed for holding Local Investigation in respect of suit property. Pleader ComÂmissioner submitted a Report. ..Category: Property Law | Date: | Hits: 69
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......s Limited and others………………Appellants
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of ..
Category: Company Law | Date: | Hits: 127
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