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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......r with the finding of the trial Court and held that sale deed Ext. 2 was a bona fide document for valuable consideration and it was duly acted upon and that the plaintiffs are the co‑sharers of the holdings no learned Additional District Judge also held that the deed executed and registered by def..

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......tion of any returned candidate as void. It can also declare the petitioner or some other person a duly elected or it can declare that the whole election is void. But it cannot recount the votes after holding that the poll was adjourned. If the poll was adjourned due to any mason, then the only proce..

Category: Election Law | Date: | Hits: 240

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... upheld on appeal. Aggrieved defendant petitioner then obtained the present rules. 5. The first question that falls for deter­mination is whether the courts below committed any error of law in holding that the plaintiffs are not workers. Mr. Kazi A T Monwaruddin, the learned counsel appearing..

Category: Labour and Industrial Law | Date: | Hits: 176

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......nual general meeting is the balance sheet, profit and loss account for the year ending 1993, the meeting was adjourned. The meeting was not held and hence this application for condonation of delay in holding the 29th annual Judgment general meeting for the calendar year 1994. 3. It appears that ..

Category: Company Law | Date: | Hits: 358

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ...... Court of Sessions Judge, Dhaka. The Sessions Judge Dhaka, not sitting in his ejlash at the Dhaka District and Sessions Judge's Court situated at Johnson Road, Dhaka but sitting in the first floor of holding No.3/13, Public Works Building No.10/141, situated in between the Begum Bazar and Nazimuddin..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......nsfer was out sale and the instrument of reconveyance of the land sold was obtained subsequent to filing of the pre‑emption case under section 96 of the Act by respondent No.5, a co‑sharer of the holding transferred. The law inserted in the said Act by section 95A is a beneficial one. In order t..

Category: Property Law | Date: | Hits: 95

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......ev. No.1 of 1829) in no way infringes any of the fundamental rights envisaged in Part III of the Constitution of the People's Republic of Bangladesh. Failure to establish such right is sufficient for holding that this petition has no leg to stand under Article 102 of the Constitution. The matter doe..

Category: Constitutional Law | Date: | Hits: 247

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......t has established sufficient cause for not apply­ing for the setting aside of the abate­ment within time need not be overstrict in expecting such proof of the suggested cause as it would accept for holding certain fact established, both because the question does not relate to the merits of the dis..

Category: Civil Law | Date: | Hits: 121

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1....... so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction to hold the same on a suita..

Category: Company Law | Date: | Hits: 306

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

.... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ontained in Memo No.51/10/70-71 dated 13.9.70 which has been annexed as Annexure‑H to the supplementary affidavit filed by the petitioner on 12.5.94. Subsequently, the post which the petitioner was holding was redesignated as the post of Assistant Professor in the Department of Political Science a..

Category: Employment/Service Law | Date: | Hits: 226

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......s, the false case of the plaint is liable to be dismissed with Cost. 7. The learned Subordinate Judge by his Judgment and decree dated 31.5.86 dismissed the suit on contest against the defendants, holding the suit to be not maintainable. 8. From the Judgment and decree dated 31.5.86 of the Sub..

Category: Trust/Waqf Law | Date: | Hits: 181

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... by the Appellate Division in above decision reported in BCR 1987 (AD) 152, we hold that the Revenue Officer dealing in mutation of the name in the record of rights is also a Revenue Court. As we are holding this view relying upon the above decision of the Appellate Division, we need not refer this ..

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......, Sadar, Noakhali who was deemed to be an Additional Sessions Judge by virtue of the proviso to sub-section (3) of section 9. He discharged the same by the impugned judgment and order dated 27.11.83, holding that he found no procedural illegality in the final order of the learned Magistrate. 5. T..

Category: Criminal Law | Date: | Hits: 158

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......r and came back after the occurrence with his grand-father. On his arrival he found his mother lying dead in the west bhiti hut. He also said that his grand-mother asked him and his sister not to cry holding out threat to them. P.W.2 Diba and P.W.3 Bacchu Miah in their evidence has narrated certain ..

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......It is their case that this Ram Chandra Paul, the vendor of the plaintiff, was the owner, no doubt, but he left this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants with..

Category: Property Law | Date: | Hits: 134

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

....osite party the present petitioner contested the pre‑emption proceeding on the ground that the case was barred by limitation, pre-emptors were not co-sharer and the case land being homestead is not agricultural in nature, the case is bad for non-joinder of necessary parties. Both the Courts found ...... shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7...

Category: Property Law | Date: | Hits: 106

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... Registration Act on 17.9.80. The former document was so endorsed on 3.12.80. Opposite party No.1 Ahamedur Rahman filed the pre‑emption case on 30.3.81 claiming himself as a co‑sharer in the case holding both by inheritance and purchase and also as owner of the contiguous land. 3. Opposite pa..

Category: Property Law | Date: | Hits: 127

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is insertion of section 5A that the intention of the legislature was to extend the time limit for investigation. In the Criminal Law Amendment Act, 1958, there is no special or separate provision for holding investigation. Under sub-section (6) of section 5 of the Criminal Law Amendment Act, 1958 a ..

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......esses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full holding that: “So considering the above facts and circumstances I am of the opinion that public..

Category: Business or Commercial Law | Date: | Hits: 522

Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......issed Title Suit No.482/84. Thereafter the learned Additional District Judge, 1st Court Dhaka also dismissed the appeal on 21.7.86 preferred by the accused persons (being Title appeal No.151 of 1985) holding that the bainapatra is forged and fabricated. T.S. No.481 and T.S.482 of 1984 were tried ana..

Category: Criminal Law | Date: | Hits: 107