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Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... iii. The defendant shall bear the costs of the suit. 6. The petitioner further states that the petitioner decided to form an enquiry commission under the Commission of Inquiry Act, 1956, awaiting publication in the gazette for further action against those who are involved in the fraud and forger...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..

Category: Others | Date: | Hits: 118

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......uit property and by a registered heba-bil-ewaj deed dated 29.11.1979, he transferred the same in favour of the plaintiffs. Thus the plain­tiffs being the 16 annas owners of the suit property were in peaceful possession thereof. Defendants created forged papers and tried to take possession of the su..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....ice Commission, represent­ed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Republic of Bangladesh, represented by the Secretary, Ministry of Establishment, Bangladesh Secretaria......ld like to repro­duce the arguments of Lord Atkin in 1942 A.C.206, "In this country amid clash of arms, the laws are not silent. They may be changed but they speak the same language as- in war as in peace." It is, therefore, hoped that the learned Judges of the High Court Division will be cautions ..

Category: Constitutional Law | Date: | Hits: 247

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land belonged to Gulapjan Bibi who sold the same to the pl..

Category: Property Law | Date: | Hits: 101

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....mination. Why it was not done we fail to understand and in our anxiety to find any reason we have examined the entire records of the case and from the Court's order sheet we find that on 20.11.89 the public prosecutor made an application before the Court which was kept on record and the application ......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..

Category: Criminal Law | Date: | Hits: 76

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....(Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Respondents Judgment July 18, 1991. ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ..

Category: Property Law | Date: | Hits: 86

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....lege, denied all the allegations in strong words and the resolution of the said emergent meeting was sent to the Vice‑Chancellor and other concerned authorities of the Dhaka University and demanded publication of the result of the examinees which was withheld subsequent to publication of the resul......rsity and demanded publication of the result of the examinees which was withheld subsequent to publication of the result. The Teachers Council were of the view that the said examination was held in a peaceful, proper and fair manner and no irregularities or unfair means were at all adopted. It is fu..

Category: Others | Date: | Hits: 153

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

.... name of said Rahmat Banu to the extent of eight annas' share and in the names of respondent Nos. 3 to 5, 7, 8, 10 to 16 and 18 to 21 share. This record‑of‑right was attested on 6.4.69. After the publication of this draft record‑of right under rule 29 of the Tenancy Rules, 1955, ten objection ......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....ollows: "The secured creditor is outside the winding up and he can realise his security without the intervention of the Court by effecting a sale of the mortgaged premises by private treaty or by public auction. It is only when the intervention of the court is sought either by putting in force a......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....5, Mohakhali, Dhaka-1212, Bangladesh (hereinafter referred to as "the Investor" which expression shall include its succes­sor, representative and assigns); AND Meghna PET Industries Limited, a public limited company incorporated under the Companies Act, 1994 having its registered office at Pa......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ..

Category: Civil Law | Date: | Hits: 78

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....aintained without maintaining beds in hospital. The existence of such two hospitals would not make it an "industry". The last argument of Mr. AR Yousuf that it has been mentioned in the schedule as a public utility service and, therefore, he attempted to argue that hospital and ambulance services ha......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..

Category: Labour and Industrial Law | Date: | Hits: 123

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

.... No. 2257 in Mouza Dhanmondi within Police Station, Dhanmondi (previously Lalbagh PS) in the City of Dhaka, bounded and butted‑ On the north : By the house of Mr. Mozammel Huq On the south By public passage On the East By the land of Mrs. Mahmuda Begum. On the West By the house of Late......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....hat the private individual had to make up their own mind only and had to arrange his own fund and is normally presumed to be aware of the facts and aspects of the case while in the case of Government public interest has to be duly considered that the case of the Government in such matters various au......a Kanta died leaving behind two daughters, Mintu Rani Saha and Montu Rani Saha, one wife Anu Bala Saha. Anu Bala got the property of her husband Krishna Kanta Saha as her life estate. She had been in peaceful possession of the said property for over 12 years to the knowledge of all and had been main..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....Assistant Attorney General‑ For the Respondents. Writ Petition No. 2195 of 1991. Judgment Habibur Rahman Khan J. - On an application under Article 102 of the Constitution of the People's Republic of Bangladesh the Petitioners Abdus Samad Azad MP and 6 others have challenged the legislatio......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Afsar Ali Chowdhury and others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Case...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....e and as there is no estoppel against statutes, persons cannot by their consent legalise an illegality or even condone an illegality when that right is not personal in nature but concerns the general public. The validity of an election and all that is done in the process is a matter which concerns t......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..

Category: Election Law | Date: | Hits: 156

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....itted the lease of the plaintiffs and their possession in the disputed land. In repelling this contention Mr. Ruhul Amin appearing for the opposite parties contends that the written statement being a public document within the meaning of section 74 of the Evidence Act the learned District Judge did ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..

Category: Property Law | Date: | Hits: 72

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....Ali and the helper of the truck Md. Ismail told him that Afsaruddin 16/1, Choto Katra, was the owner of the truck. The driver also told that there were palm oil drums in the truck. In presence of the public they searched the truck and found 29 gunny bags with sarees like Kiron, Ikka, Mala etc. and d......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

.... Civil Revision No. 648 of 1971 to a reciprocal arrangement between the states concerned. We enquired, in vain, of Mr. Hafizullah, if there was any reciprocal arrangement between Bangladesh and the Republic of Panama under whose flag the mother ship Maersk Commander, as well as the lighterage that h......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240