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Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......‑General appearing on behalf of the government, has submitted that the ground for limitation was not duly agitated before the trial Court or before the appellate Court, and also submits that in the interest of justice the case should be remanded to the trial Court for hearing on the point of limit..Category: Limitation Law | Date: | Hits: 239
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......iled to grant letters of administration to the estate of Harish Chandra, the original owner. It was argued in that case that the estate of Harish Chandra was fully administered during the long life‑interest of his widow, that there is no necessity to grant letters of administration to anyone for a..Category: Property Law | Date: | Hits: 183
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......1 Lal Banoo and her husband defendant No.20 Amjad Ali are in exclusive possession in the said three plots by virtue of gift and by adverse possession and the plaintiffs have no subsisting shares or interest in the said three plots. Though defendant No.1 claimed to have paid rent in her name and in..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......06 of 1970 and that Execution Case No.8 of 1988 has been started and on realising that she would be evicted by police force, she took the shelter of the court of law to protect her right, title and interest in the property. The defendant petitioners filed written objection against granting of temp..Category: Civil Law | Date: | Hits: 205
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......ted in Bangladesh. 3. The further facts necessary for disposal of the appeals are that in the year 1966 Pakistan Industrial Credit and Investment Corporation Ltd. briefly PICIC, predecessor‑in‑interest of the BSRS, sanctioned to the Company M/s Ashraf Jute Mills foreign currency loan for the ..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......24.1.51 some area of requisitioned land including the said land of the petitioners were de‑requisitioned but possession of the same was not delivered to the petitioners or their predecessors‑in‑interest. Thereafter by Gazette Notification dated 4.10.1951 said requisitioned land was acquired un..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... which directed fresh tender vide memo No.Shaka‑7/11‑29/79/753 dated 10.10.87. As a reason for cancellation of proposed lease to the petitioner the respondents have explained that considering the interest of the Government the tender of the petitioner was cancelled. The respondents did not execu..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......does not contain any direction upon the transferee to restore the land to the transferor nor any direction upon the transferor to pay the amount of consideration money to the transferee together with interest. According to the learned advocate for the petitioner, it is not a proper judgment safe‑g..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......ed by their own commercial considerations which are not dependent upon Election Laws. They float different kinds of loans, namely, limited, unlimited, instalment basis loans, etc. In their business interest they can even extend the time-limit retrospectively. It may be that on the date of filing..Category: Election Law | Date: | Hits: 216
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......blished within 2 months and also of the fact that sufficient posts are still vacant to which incumbents senior to the O.Ps. may be promoted with retrospective effect, it would I think not be in the interest of justice and administration to set aside the order at the moment, even though on a fair c..
Category: Administrative Law | Date: | Hits: 445
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......Powers Act, 1974 and served the same on the detenu inside the Dhaka Central Jail detaining him for a further period of three months on the grounds that the detention of the detenu is necessary in the interest of public safety and public order. Thereafter grounds of detention were served upon the det..
Category: Criminal Law | Date: | Hits: 100
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......way, the learned District Judge could have done it himself in accordance with law as I have already discussed above, and thereby could have avoided giving fragmentary decision to the detriment of the interest of both the parties. This kind of avoidable fragmentary decision hinders justice and tend..Category: Property Law | Date: | Hits: 115
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......dent No.3 was signed by the Deputy Commissioner, Mymensingh on 21.3.85. It is claimed that the notice under section 3 was duly served on the spot and that the property has been acquired in the public interest.
7. The requiring body in the separate affidavit-in-opposition has only stated about the..
Category: Property Law | Date: | Hits: 116
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... defendant Nos.1 and 2 did not appear to contest the suit. Defendant Nos.4 and 9 were added to the suit and contested the suit by filing written statements. These defendants claimed that successor-in-interest of C.S. recorded tenant had transferred the suit property to the predecessor of the defenda..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor-in-interest of the respondent being the owner and possessor of the case land mutated his name in the co..Category: Property Law | Date: | Hits: 121
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......dditional security for an amount of Taka 20,000 and if, respondent Nos.3 and 4 have not repaid the said term loan in the meantime, the petitioner is ready to pay the said amount of Taka 20,000 with interest in favour of the Bank. 6. The Bank filed an affidavit-in-reply that on prayer of the Com..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......hout assigning reasons.- If the authority specified in column 2 of the Second Schedule is of the opinion that continuance in service of a member mentioned in column 1 is inexpedient or not in the interest of the Bangladesh Rifles, he may, without assigning any reason, either discharge or may m..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......y 9 half yearly instalments within 5 years. The rate of interest was 7-1/2% per annum on the entire amount of foreign currency loan together with the other charges at bank's usual rate. The rate of interest for the local currency loan was 7% per annum payable at 1/2 yearly rates. In spite of repea..Category: Criminal Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......de the liability of the insurance companies under the relevant insurance policies. To that extent the award is bad, his Lordship held.
5. In paragraph 33 of the award the sole Arbitrator allowed interest to the appellant at the rate of 7% per annum since 1.9.68 till the date of payment of the s..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ailed to apply its mind in forming opinion that the exercise of powers of the petitioner as Chairman is either prejudicial to the interest of the public or undesirable from the view point of public interest. 4. The Respondent filed affidavit-in-opposition sworn by the Asstt. Director (Local Gov..Category: Others | Date: | Hits: 175
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