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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......ormance of contract and the plaintiff did not come for relief under section 95A of the State Acquisition and Tenancy Act for redemption of mortgage. Section 95A was inserted in the Act to protect the interest of transferor against an out and out sale with an agreement to reconvey by treating it as u..
Category: Property Law | Date: | Hits: 78
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... clause in the name of so called unilateral mistake the authority concern will be unable to implement the policy work with a heavy cost in violation of agreement which clearly goes against the public interest. In support of his submission he relied upon numbers of decisions, which are: 9. The cas..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......at the truth. The effect of this section is that in order to get to the bottom of the matter before it, the Court will be able to look at and enquire into every fact whatever. Each party in a case is interested in setting up his own case and demolishing the one set up his adversary. There is danger ..Category: Criminal Law | Date: | Hits: 97
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......he finalisation of the sale of the suit property. He further asserted, in the written statement, that neither he handed over the possession of the suit property to the plaintiff nor plaintiff got any interest pursuant to the said so-called Bainapatra allegedly executed by defendant No.1. Further the..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... took oath of office as member of the Parliament to abide by the provisions of the Constitution with a view to representing the people of Bangladesh and further bound them not to allow their personal interests to influence the discharge of their duties as member of the Parliament. It is stated that ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......min Bepari, a professor of the Department of Political Science of the University of Dhaka filed this petition on his own behalf and on behalf of the whole community of teachers for vindicating public interest. It is stated in the petition that a great anomaly has been created by constituting the Sel..Category: Employment/Service Law | Date: | Hits: 228
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... competent to file the appeal. He, however, argues that although no documentary evidence was led before the trial Court on behalf of the vested property authority to prove that the predecessor‑in‑interest of the plaintiff petitioner‑migrated to India before 1965 but in view of the oral evidenc..Category: Property Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... an administrative body may, in a proper case, be bound to give a person who is affected by their decision an opportunity of making representations. It all depends on whether he has some right or interest, or, I would add, some legitimate expectation, of which it would not be fair to deprive him..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. .......3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the cost for developing the land, profit with interest of cattle market described in schedule -'Kha' to the plaint. 3. The plaint case, in sh..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ...... the plaintiff No.2 and defendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lost interest in the worldly affairs and wanted to gift the land of Ext. A in his favour. But as he was m..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......r of the disputed land and on the death of Serajul Huq the disputed land devolved upon his full maternal uncle's son Ataul Huq and daughter Sayera Khatun as only heirs. Sayera Khatun relinquished her interest in favour of her brother Ataul Huq. Thus Ataul Huq became sole owner of the disputed land. ..Category: Property Law | Date: | Hits: 103
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......2) of section 31 of the Securities and Exchange Ordinance, 1969 and Regulations 5(2)(IV) and 14 of the Listing Regulations of the DSE are ultra vires the Constitution being contrary to protecting the interest of the sponsor shareholders. He further submits that there are no guidelines regarding prot..Category: Business or Commercial Law | Date: | Hits: 237
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......the order of the Court and the same prevented them from taking the desired steps. Under such circumstances, the plaintiffs expressed regrets and prayed for setting aside the order of dismissal in the interest of justice. The learned Munsif by his impugned order dated 27-5-87 set aside the ex parte d..Category: Procedural Law | Date: | Hits: 87
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......n the city to avoid traffic jam and road accident is the need of the day in the modern city like the city of Dhaka with about a crore of population. And such construction is to be taken in the public interest. The petitioners who are businessmen have no fundamental right to stop such construction on..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......to have contravened the provisions of section 17 of the said Ordinance. In the concluding Chapter VI of that report the Committee recommended: “These manipulations must be brought to task in the interest of long term growth and development of the securities market in Bangladesh.” 13. There..Category: Business or Commercial Law | Date: | Hits: 219
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......of evidence affirmed the decree and allowed the appeal in part modifying to the extent that the plaintiff is entitled to Tk. 50,000/- for damage and Tk. 25,000/- for the loss of his reputation with interest. Leave was granted to the defendants 4 to 7 to consider as to the correctness of the decisi..Category: Property Law | Date: | Hits: 99
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......sed persons of Supreme Court and as well as by the Attorney-General's Office. But we do not find any reason which inspired Omar Sadat to lodge the complaint and what mischief has done to this persons interest? He neither disclosed the same in the first information report nor it was ascertained by ..Category: Criminal Law | Date: | Hits: 132
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......to burden a group of individuals. Such a classification does not violate the guarantee when it distinguishes persons as ‘dissimilar’ upon some permissible basis in order to advance the legitimate interest of society.”
In Southern Rly Co. vs. Greene, 216 US 400 Day-J observed:
“Equal pr..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... for promotion by his superior officer under whom he has lately served, his fitness in the higher rank, the merit, age and seniority of other officers and whether his promotion is clearly in the best interest of the service are to be considered. Thus, it appears that one of the considerations is the..Category: Employment/Service Law | Date: | Hits: 244
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