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Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....ration Act of 1940 to settle the dispute. 3. After several bouts of legal proceedings for appointment of arbitrator, lastly, Mr. Justice MA Wahab (Retired) was appointed as arbitrator who gave the disputed award. 4. Opposite party No.4 contested the case by filing written objection denying the......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ed in 15 BLD 644. It is submitted that through the defendant 2, one of the Judgment-debtor, is full brother of the present opposite-parties, their deceased father namely Shamsuddin being owner of the disputed property excluded him from inheriting the paternal property by execution of a Notarised 'Wa...... XXI Rule 58 of the Code of Civil Procedure arising out of the Execution Case No.2 of 2002, are hereby set aside. The Misc. Case No.404 of 2004 is send back on remand to the concerned Court below for holding further investigation providing opportunity to the parties to examine witness and adduce doc..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....uddin Halder. It further appears that in these proceeding Nazimuddin Shaikh predecessor-in-interest of the present opposite party before this Court, had the plea that they took oral settlement of the disputed land from the original owner piece by piece and gradually the entire land and he subseque......is Rule. 4. Mr. M.A. Aziz the learned Advocate appealing on behalf of the petitioners has urged that the Rule should be made absolute on the ground the learned Sessions Judge committed an error in holding that there was no finding that it was a case of extreme emergency which only would confer ju..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......de and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate commissioner for making any inventory of the goods in stock in trade on holding accounts of the firm By order dated 23.1.81, plaintiff's prayers were allowed. One Advocate ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ed in 1968. It is also not known how many of the prosecution witnesses are alive or will be available when the trial, if at all, starts in the foreseeable future. We have, therefore, no hesitation in holding that further prolongation of the proceeding against the petitioner would be a sheer abuse of..Category: Criminal Law | Date: | Hits: 62
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....……………………Respondents Judgment April 15, 1996. Result: The petition is rejected. Article 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has no...... of its the then Secretary. It lays down the policy of the Government regarding the unutilised and the excess portion of acquired lands by different Ministries and authorities, discouraging them from holding on to such lands though the purpose for which they were acquired had ended. The memo urges t..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....he post mortem report, Exhibit 10 and his signature. Exhibit 10/1. In cross-examination he admitted that he did not notice any injury on the dead body. 23. That the death of Shahera Khatoon is not disputed. It is also not disputed that Shahera Khatoon had been working as maid in the house of the ......of the appellant, submits that this is a case of no evidence, that the learned Sessions Judge committed error in convicting and sentencing the accused and that the learned Sessions Judge was wrong in holding the accused guilty finding him liable under section 106 of the Evidence Act. 8. On the ot..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... of the case, the pre-emptor filed this Miscellaneous case which is liable to be rejected. 5. After hearing the learned Assistant Judge, by the order dated 9-3-2003 rejected the Miscellaneous case holding that the pre-emptor could not prove regarding his ailment by adducing sufficient evidence. A..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed question of fact; that the defendant-petitioner opened letter of credit with the Bank for i...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....those writ petitions that the lands in question were derequisitioned. Accordingly those rules were discharged as prayed for. It has further been stated that the petitioners have been possessing the disputed land. There are mosque, graveyard, temple, etc. in some plots. No compensation was paid to ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....erial No. 7. Before that sales or services of customs bonded warehouse was not so specifically included in the declaration made under section 4 by the National Board of Revenue.
24. It is also not disputed that the petitioner sold under the licence goods to the diplomats and other privileged pers......ated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issued by the Collector of Customs, Customs House at Dhak..
Category: Administrative Law | Date: | Hits: 491
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
.....2. As regards the submission of the learned Advocate that the complainant opposite party No.2 did not send any rejoinder claiming that the contents of the impugned publications was false, which is a disputed question of fact as well as defence plea which can be decided by the trial Magistrate after......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......ibi Samity Ltd. from Constituency No.6 having been duly authorised to do so by the Managing Committee of his Samity. The said Jatiya Samity issued a notification on 7‑9‑94 fixing 24‑11‑94 for holding election and invited nomination papers from the members including the petitioner's Central S..
Category: Election Law | Date: | Hits: 600
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......1.6.82 jet mostly due to the absence of the accused, no cross-examination could take place. Lastly, on 5.2.82 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the eviden..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......manik Vs. Mohd Mokarram Hossain reported in 29 DLR (SC) 185 it has been held that: "An individual share-holder has no proprietary interest in the Company's property and its interests in his shareholding is not directly affected by the sale of the property-Right of action in case of loss of prop..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
....ent No.1, the alleged informer. Article 102 of the Constitution confers upon the High Court Division high discretionary power and who intends to have relief under Article 102 shall approach it with undisputed right either legal or Constitutional. It also appeared that the dispute was taken to Settle......rnishing information to the Hon'ble Finance Minister to announce in the Parliament the names of the defaulting borrowers. Secondly, the money suits being sub judice and as such, there is no basis for holding that the petitioner is a defaulting borrower and as such, the disclosure is without basis. T..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......f section 46 (1) of the Artha Rin Adalat Ain, 2003 (Annexure-G).The Artha Rin Adalat respondent No.1 by impugned order dated 10-06-2009 rejected the application relying on a decision of this Division holding that provision of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it rel..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....র নিয়োগ করা হইল।” 4. After hearing the parties and considering the records we find that both the parties have submitted documents to prove their title in respect of the disputed lands and that both the parties claim that they are in possession of the disputed land. Hen......t. Contents of this order dated 12-9-2004 of the Magistrate clearly shows that, he has passed this order as per provision of sub-section (1) of section 145 of the Code, so that he can proceed for holding inquiry about the possession as per sub-section (4) of section 145 of the Code and can pass ..Category: Criminal Law | Date: | Hits: 105
....possess them for which the plaintiffs filed a suit for permanent injunction on 24.12.1986 being Title Suit No.151 of 1986.
4. The defendant Nos. 3 to 9 submitted written statement stating that the disputed property are settled to them under Case No.03 of 1967, case No.15 of 1981, case No.19 of 19...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
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