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Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ved as follows: The discretion has to be exercised on sound principles of justice, equity and good conscience having regard to the circumstances of the case, the conduct of the parties and respective interest of the parties to the contract. The discretion is neither absolute nor arbitrary or fancifu..Category: Procedural Law | Date: | Hits: 129
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141....... The defendants purchased the said land from the succesÂsor of Nurul Islam. The plaintiff is claiming the property by virtue of wrong Kabala. The plaintiff or his predecessor had no right, title and interest in the suit land thereby the suit is liable to be dismissed. 5. During pendency of the s..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......grieved by the impugned notification No.CD-10/1/85-Rules/361 dated 11-9-1986 (Annexure-A). He has filed the Writ Petition in his capacity as a concerned, affected and aggrieved citizen to protect the interest of indefinite number of people of Bangladesh and, to uphold the Rule of Law by way of publi..Category: Constitutional Law | Date: | Hits: 270
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272........- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ Petition No.1003 of 1978. 2. The appellant is an association sponÂsored by certain persons interested in trade and was registered as an Association under Section 26 of the Companies Act read ..Category: Business or Commercial Law | Date: | Hits: 208
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is perÂmitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......1881 stating that the complainant Bank upon an application of the accused petitioner allowed the petitioner's comÂpany National Cold Storages Ltd. to pay its outÂstanding dues of Taka 94.02 lakh as interest free loan and petitioner's company was directed to pay Taka 23,50,500 in two installments a..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......er remedy is available. This power has not been vested upon the High Court Division where any remedy is available. This is an extraordinary power and is excised in extra-ordinary circumstances in the interest of justice." 14. It is true that the accused-petitioner did not appear before the trial ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......mpany, although the said company has been a possession of the industrial unit conÂcerned by virtue of the agreement referred to above and it, therefore, necessarily follows that the right, title and interest of the PakisÂtani Company had vested in the Government of Bangladesh by virtue of Article ..Category: Property Law | Date: | Hits: 79
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......vice, on the completion of the fifty-fifth year of his age:
Provided that a public servant, whose services are considered to be specialisÂed or technical in nature or indispensable in the public interest and whose suitable replacement is not readily available, may be re-employed in accordance w..
Category: Employment/Service Law | Date: | Hits: 107
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ho is repreÂsenting an association and did not file the writ petiÂtion in his personal capacity.
8. The learned DAG further submits that alter the notification is published, the right, title and interest of the owners are extinguished and any subÂsequent preparation of Khatian and payment of r..
Category: Property Law | Date: | Hits: 106
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......nd R.S. record have been prepared accordingly. He also argued that the Government has beenpossessing the aforesaid land since such acquisition and the plaintiff-petitioner has got no right, title and interest and possession over the same.
10. At the very outset it appears to me that both the Cour..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......regarding the so-called Dan Patra deed and managed to get its certified copy on 13.07.1994 and became sure about it which is false, fraudulent, collusive and ineffective. Onnada Sundari had life time interest only on the property and she had no right to make any gift as mentioned earlier and that Sa..Category: Civil Law | Date: | Hits: 103
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......ssed by the learned Assistant Judge, Kalkini, Madaripur in Title Suit No.85 of 2000 dismissing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition..Category: Property Law | Date: | Hits: 80
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ng for release of the detenu upon withdrawal of the order of detention stating, amongst others, that the petitioner has never indulged in any activities which may be prejudicial or detrimental to the interest of Bangladesh rather, by his presence he has been helping the garment industry of Banglades..Category: Criminal Law | Date: | Hits: 200
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into the taxable territories in cash or in kind or through or from the sale, ex..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......f the GovernÂment, or to make any survey, assessment or contract on behalf of the Government or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecu..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......the land in suit comprises a plot of land being C. S Plot No.310 measuring '80 acre, which was recorded, along with CS. Plot No.311 measuring .08 acre, as Koljote of one Mainuddin, the predecessor-in-interest of DefenÂdants No.2 to 9, in Khatian No.83 of mouza Rajarbagh P.S. Tejgaon, under the Jote..Category: Property Law | Date: | Hits: 97
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......cial leave to appeal is against a judgment of a Bench of the High Court Division disÂmissing a Second Appeal preferred against a judgment of reversal decreeing a suit brouÂght by the predecessor-in-interest of ResponÂdent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddi..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ally, as in the case of a lease for terms of years or which, though origiÂnally indefinite, can be made subject to a definite limit by either party as in the case of a tenancy from year to year. The interest in the property which remains in the landlord is called the reÂversion, and, as a rule, th..
Category: Property Law | Date: | Hits: 114
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... maintainable in its present form? 2. Whether the suit is bad for defect of parties? 3. Whether all the jote property has been included in the suit? 4. Whether the plaintiffs have any title, interest and possession in the suit land? 5. Whether the plaintiffs get any preliminary decree o..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......ted reminders. As such, the plaintiff-Bank served legal notice on the defendant No. 1 on 8-3-1983, but she failed to respond and did not repay resulting in accumulation of payable dues along with the interest which stood at Taka 5,09,340.50 on 31-7-1990. So the plaintiff had to file the present suit..Category: Civil Law | Date: | Hits: 116
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