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Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......eal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the plaintiffs in favour of Salamatullah predecessor-in-interest of the defendants and r..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......ributing to the cause of people like that of the BELA. Merely because one is a Secretary-General or a member of any Human Rights Organisation is not sufficient ground to hold that he has a sufficient interest in the field. Where a writ petitioner fails to bring anything on record to satisfy the Cour..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......his impugned judgment dated 9-3-92 allowed the case and ordered that case land and the share of the building be pre-empted accordingly in favour of the petitioner-respondent and the right, title, and interest of the case land and the share in the building thereon vest in the petitioner-respondent fr..
Category: Property Law | Date: | Hits: 113
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......d for any further period. Sub-clause (II) shows that the Government Pleader shall retire at the age of 60 unless on consideration of the report of the local authority Government considers that in the interest of the public service they should be retained for a further period. Clause 13 of the said M..
Category: Others | Date: | Hits: 212
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... land under President’s Order No.88 of 1972 is illegal, void as the plaintiff is not a signatory to the alleged deed of reconveyance and that the alleged executants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction ..Category: Property Law | Date: | Hits: 114
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160....... matters which are not to be considered in determining the compensation. Looking at the matters mentioned in sections 8 and 9 we get the impression that both the sections are enacted to safeguard the interest of the persons whose land is acquired under the Act.
13. We have, already stated as to h..
Category: Property Law | Date: | Hits: 84
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......002 BLD (AD) 163 = 54 DLR (AD) 130. He referred another decision as reported in 54 DLR (AD) 88 Hyundai Corporation Vs. Simiking Busam to impress upon us that the present writ may be treated as public interest litigation. Lastly, he has also submitted that though the members of the Board of Directors..Category: Others | Date: | Hits: 174
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......pects of investigation. He submits that due to absence of the appellants during trial state defence lawyer was appointed. In the absence of the appellants State defence lawyer was there to defend the interest of the defence. Said State defence lawyer got no chance to cross-examine the investigation ..Category: Criminal Law | Date: | Hits: 103
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......enied. It has been further stated that the said statements has empowered the Government to retire an employee of Biman Bangladesh Airlines Limited after completion of 25 years service in the public interest and in the instant case the Government took the decision to retire the petitioner on sound ..Category: Employment/Service Law | Date: | Hits: 157
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......esh and the Assistant Commissioner (Land) were impleaded as defendants, the above petitioners. 3. The defendants No.5-10 contested the suit by filing written statement and denied the right, title, interest and possession of plaintiff and stated, inter alia, that the suit land has been acquired in..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......ciary to prevent miscarriage of justice and also to secure justice to the litigant. It is never the object of the rules of interpretation to allow anti-social elements thriving at the cost of and the interest of the larger section of the society to escape punishment provided under the law. If we res..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......s) speaking for the Court observed thus: "The inherent jurisdiction given by section 561A is not an alternative jurisdiction or an additional jurisdiction but it is a jurisdiction preserved in the interest of justice to redress grievances for which no other procedure is available or has been prov..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ed the entire land of this suit plot No.371 and also the suit land of CS Plot No.115 by 5 registered kabalas of the year 1954-1955-the Exhibit 'Ka' series and that the plaintiffs had no right, title, interest or possession in the suit lands of any of the plot Nos.115 and 371 and on such findings the..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......7. Mr. AF Hassan Arif, the learned Advocate for the defendant-respondents, on the other hand submits that since the plaintiff-respondents had to file the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defe..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......property cannot be taken over as an enemy property and the same cannot be sold out in favour of the respondent No.4, the Bangladesh Mukti Joddha Kallyan Trust. The respondent Nos. 1-3 had no saleable interest and further that the said debuttar property is immune from transfer by any authority except..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......4 and 19-3-64 respectively in his favour. Defendant No.1 constructed a one-storied building on the land of schedule ‘B’ during period from 1969 to 1973 at his own cost and for his own benefit and interest. After construction of the house on the land of schedule ‘B’, it was let out by the def..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......d defence in pursuance thereof the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree- (a) for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may b..Category: Procedural Law | Date: | Hits: 92
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268....... the creation of Pakistan none of the beneficiaries as mentioned in the trust deed made any correspondence with the petitioner demanding their allowances. 5. In the year 1950 AD the rent receiving interest of the said trust Estate was acquired by the Government during wholesale acquisition along ..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......2 were Directors of the Company from the very inception, their father Ashraf Ahmed while alive did everything on their behalf in the company. Their father, Ashraf Ahmed, in fact, was representing the interest of the petitioner Nos.1 and 2 till his death. Even before the death of Md. Ashraf Ahmed he ..Category: Company Law | Date: | Hits: 233
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......f mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents in favour of the Bank for securing the loan. The appellant obtained the loan with simple interest of taka 13% per annum. He could not let out the house at an expected rent, as a result of w..Category: Civil Law | Date: | Hits: 138
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