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....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......vernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public Works filed the application under Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....nsfer of Property Act, Section 106 of the Transfer of Property Act runs as follows: “106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, ......iscussed the facts and found that the notice in question was issued on 28th December 1915. The notice directed defendant to vacate the house by 31-1-1916. The Court below found that the defendant was holding on a monthly tenant terminating on the 26th day of each successive month according to Hindu ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......xecution of a decree for the first time. It is submitted by Mr. Shafique Ahmed, the learned Advocate for the petitioners that in the instant case the executing Court has committed gross illegality in holding that execution proceeding is barred by limitation under Article 181 of the Limitation Act. H..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......g azan, when saw the appellant and victim to quarrel. All on a sudden the appellant had dealt the victim with a knife on his left chest and fled away towards the jungle of a hill situated at the east holding the blood stained knife in hand. In cross-examination he stated thevictim was his brother-in..Category: Criminal Law | Date: | Hits: 102
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......sions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the office of Chairman of Upazila Parishads fixing 17.2.90, the date for fili..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......decree in question under section 44A (1) of the Code for execution. Upon hearing the parties the learned Subordinate Judge & Commercial Court No.1, Dhaka passed the impugned order dated 22.4.89 holding that he had no jurisdiction to execute the decree in question. Being aggrieved by the impugn..Category: Procedural Law | Date: | Hits: 168
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Annexures of the same and supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filing a case under the Act and also on the point that a case..Category: Criminal Law | Date: | Hits: 89
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......lso deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that the petitioners were well aware about the filing of the suit long before and ..Category: Civil Law | Date: | Hits: 157
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......different Annexure and the supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filling a case under the act and also on the point that a cas..Category: Criminal Law | Date: | Hits: 107
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....r decreeing the suit of the plaintiff. We do not find any ground for departing from this established principle of law. 8. When the Bengal Tenancy Act was in operation, a tenancy in respect of the agricultural land could be created by dakhila and in the event of any dispute, the person who took s......ailed to prove the dakhila in accordance with law, failed to prove their title to the suit land. Having considered the evidence both oral and documentary, the High Court Division dismissed the appeal holding that the plaintiffs could not prove their title to and possession in the suit land. 10. ..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......n response thereto, a Sub-Inspector of police named S. M. Shahidul Islam visited the area of occurrence, inquired into the allegation and sent the dead body to Narayanganj General Hospital Morgue for holding post-mortem. The police also arrested the appellant under section 54 of the Code of Criminal..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......nd the accused-petitioner, he was falsely implicated in this case and created imaginary plot in collusion with RAB authority. He also submits that as the accused-petitioner is a responsible officer holding the post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsi..Category: Criminal Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......sbahuddin Ahmed then Managing Director of the IFIC Bank and the plaintiff duly replied to the charge sheet on 7-12-1993; that the Bank appointed a Senior vice-President as inquiry officer who without holding proper inquiry on 3-5-1994 submitted his inquiry report finding the plaintiff guilty of the ..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ere given and all those are correct addresses of the defendant-petitioner. He next contends that in the deed of mortgage number of holding was mentioned but in the power of attorney the number of holding was not given by the petitioner and therefore, to avoid confusion the Bank used the address ..Category: Civil Law | Date: | Hits: 269
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447....... recipient, went to Amtali in connection with mutation of their certain paternal properties and got the document registered from there. The learned Subordinate Judge has believed this defence story holding that there is sufficient explanation on behalf of the defendants although he has not at all ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
.... the property is leased out as specified in section 106 of T.P. Act. Section 106 of the T.P. Act provides that in the absence of a contract or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable...... agreement but as the notice under section 106 of the T.P. Act had not been properly served, namely giving two months' notice, the suit was dismissed. According to the learned Munsif it was a ease of holding over and two months notice provision of the expired agreement would continue. 20. The q..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......the areas which were declared by the notification dated 8.9.87 as urban areas were kept in the previous Union Parishads arid elections of those Union Parishads were held on 10.2.88. Challenging the holding of election in the aforesaid urban areas of 6 Union under Local Government (Union Parish..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......oke out due to an accident and thereupon decided the liability of the insurance companies to pay the amount under award to the claimant. The learned Single Judge modified the award in the first place holding that the Arbitrator could only decide the amount of loss or damage in question and had no au..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......Chairman of Mithapukur Upazila Parishad but he denies the petitioner's contention that charge of misuse of power, corruption and misconduct is unfounded and petitioner has been victimised without holding any enquiry which is an essential prerequisite under the statute. The learned Deputy Atto..Category: Others | Date: | Hits: 175
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......le. 7. Mr. Md. Azizul Hoq, the learned advocate appearing on behalf of the petitioners, submits that the appellate Court have categorically found that the learned Munsif committed an illegality in holding trial of the original suit which was beyond his pecuniary Jurisdiction and as such the Judgm..Category: Property Law | Date: | Hits: 96
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