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Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,..

Category: Procedural Law | Date: | Hits: 130

Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......thout jurisdiction and there is no hat or bazar on the suit land and for permanent injunction restraining the said defendant opposite parties from treating the suit land as hat or bazar and also from holding any auction for the suit land and for mandatory injunction directing them to remove the huts..

Category: Property Law | Date: | Hits: 123

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......n 1940 the Government again surveyed the land of Touzi No.1140. Along with land accreted to this touzi were delineated in the map so prepared and separate khatians were in the names of those who were holding the land contiguous to their Ash land. But there was no survey of the land accreted to Touzi..

Category: Property Law | Date: | Hits: 118

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ...... this, case we have already re­ferred that the Appellate Division of the Supreme Court has already interpreted the definition of industrial dispute in the case reported in 30 DLR (SC) at page 251 by holding as follows:— 'Such an industrial dispute shall not be deemed to be in existence unless,..

Category: Labour and Industrial Law | Date: | Hits: 204

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......ated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted and was al..

Category: Tenancy Law | Date: | Hits: 190

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petitioners, were employed by Bangladesh Railway holding the same post without any promotion since their appointment. They joined in different posts ..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......aintiff examined 5 (five) P.Ws. and the defendant examined 1 (one) D.W. 7. Upon considering the evidence on record the trial Court dismissed the suit by the judgment and decree dated 30.01.2006 holding that the suit was barred by res judicata and the plaintiff failed to prove his possession an..

Category: Property Law | Date: | Hits: 181

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......f same nature and between same parties is not permissible rather is no provision of single trial in this Act. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is exception to the general ru..

Category: Procedural Law | Date: | Hits: 114

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......registered as case No.1019 of 1992 (Ka 9 Mymensingh) against Serial No.9 at page 9762(70) and the 2nd Court of Settlement Dhaka by judgment and order dated 10-­12‑1998 allowed the petitioners case holding that the schedule building being 5 Bagmara Road (also known as 5 Medical Gate Road PS Kotwal..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......e Executing Court ought to have made an enquiry whether the above assertions of the judg­ment-debtors were true or false, before passing the order of Civil imprisonment. I am of the view that in not holding such inquiry, the Executing Court committed an error of law and the learned Additional Distr..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......hala Bighnakari Aporadh (Druto Bichar) Ain, 2002. 4. The case was transferred to the Court of the Magistrate, 1st class, Dinajpur and Ain Sringkhata Bighnakari Aporadh (Druto Bichar), Dinajpur for holding trial, who framed charge against the accused petitioner under section 4(1) of Ain Sringkhala..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ore the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claim­ing themselves to be co-sharers to the case holding by inheritance. In the said Miscellaneous Case two petitioners were impleaded as pre-emptees..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......7‑1975 in Miscellaneous Case No.38 of 1970 allowing pre‑emption. 2. The petitioner's predecessor sought pre­-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basis of Kabala dated of 5‑4‑1950 Exhibit 1 while the opposite..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....r to set aside dismissal of a suit and present case is not a suit and, thus, appeal does not come within the language of Order XLIII, rule 1(c) of the Code. 4. Law of Pre‑emption with respect to agricultural land is controlled and regulated by section 96 of The Act and Act is a product of Speci......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ...... on 18‑1‑1999 with Mr. Sirajul Islam now Additional Chief Engineer as convener he was the chairman of the purchase committee Annexure "F”. 10. The 26th meeting was never adjourned. So the holding of the 37th and 38th meetings immediately after the 26th meeting and the recommendation ma..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... although there are certain disputed questions of facts, in my view, this case can be decided and disposed of on the basis of the given materials, particularly, relying upon the papers with regard to holding of special annual general meetings dated 1.9.89 and 3.11.89. Since I have found that all the..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... satisfaction of the detaining authority that prevention of such acts of the detenu was necessary for securing the object mentioned in the order of detention. In this court, we have been consistently holding in various cases that want of nexus between the object of detention and the grounds of deten..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......age of manpower to do the job in the department as the work is ever increasing with overflow of responsibilities. The petitioner therefore, since January, 1996, has been for all intents and purposes, holding charge of 3 posts simultaneously, namely, Assistant Collector (Establishment), Assistant Col..

Category: Employment/Service Law | Date: | Hits: 216

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......on 151 of the C.P.C. for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's report stating, inter alia, that they did not know anything about the order for local investigation, holding of the local investigation, submission of the local investigation report and its accep­tanc..

Category: Procedural Law | Date: | Hits: 106

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......aining authority and/or was used as a materials for the satisfaction of the detaining au­thority. In any view of the matter, the learned Coun­sel submits that this news item is quite irrelevant for holding that the detention of the detenu is neces­sary to prevent him from carrying on with his nor..

Category: Criminal Law | Date: | Hits: 156