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Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....I do not find any reason to disagree with such finding arrived at on the basis of credible evidence on record. But the fact remains that the transferee is not entitled to claim consideration money in excess of the amount mentioned in the deed of transfer itself as contemplated under proviso to the s......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ...... 4(1) of the Anti-Corruption Act will be met if the Director General of the Bureau of Anti Corruption is satisfied. We find from section 9 that what the Government may delegate is any of its power or duty which is conferred or imposed by the Act upon the Government. The power which has been conferre..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......lished the Court will be astute to ensure that a plaintiff who obtains [ex parte injunction] without full disclosure……………. is deprived of any advantage he may have derived by that breach of duty” 16. In Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702), Lord Denning observed in his fam..Category: Civil Law | Date: | Hits: 125
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......ns was duly served upon the petitioner. From perusal of the record it is also found that the process server who served the summons by hanging has not been examined. But Or. 5 R. 19 C.P.C. enjoins a duty upon the court to examine the process-server where the summons is returned under R. 17 C.P...Category: Property Law | Date: | Hits: 29
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......ns of fact, the petition under Article 102 of the Constitution is not maintainable. 8. Mr. Khondker Mahbubuddin Ahmed, alleges that on receipt of Annexure 'A’ the Returning Officer failed in his duty to appoint a date for re-election with the approval of the Election Commission as required un..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....ess of the election started i.e. from the time of filing the nomination papers, and the same persists till the assumption of office by the elected candidate. The word 'purported' is an act must be in excess of the exact act in question; yet it must also be reasonably connected with the main act. W......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......order dated 18-7-2001 the earlier order was modified to the effect that the petitioner is allowed to get the goods released on furnishing continuing Bank Guarantee to the extent of 75% of the Customs duty and other charges as assessable on the imported goods by the Customs authority. The general rul..Category: Fiscal/Taxation Law | Date: | Hits: 63
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......alal and Helal got down from the boat calling accused Salam and Safiqur Rahman alias Panna and talk silently. One Afzal, a night guard of C&B coal damp came there but he went back to his place of duty being threatened by Paltu. Salam and Panna went to boat and brought out an old man from boat wi..Category: Criminal Law | Date: | Hits: 35
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......s from the Exhibit 1(kha) that the notice was served on the defendant on 5‑8‑1995. So I find no substance in the argument that the notice under section 106 of the Transfer of Property Act was not duty served on the defendant terminating the relationship in between the parties as landlord and ten..Category: Property Law | Date: | Hits: 28
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......he offence punishable under section 302 of the Penal Code. 4. During the course of trial charge was so framed against the accused-appellant punishable under section 302 of the Penal Code which was duty read over and explained to the accused-appellant where he abjured his guilt and claimed to be t..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......y counter‑statement on TM 6 the application for registration of the mark shall be deemed to have been abandoned and sub‑section (4) provides that after filing of the counter‑statement it is the duty of the Registrar to send the copy of the same in the prescribed manner to the opponent and afte..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......ng attracted by the said alarm many people from the neighborhood came to the place of' occurrence. The deceased Chairman was thereafter taken to the Burichang Hospital by rickshaw where the doctor on duty there declared him dead. PW 1 Monowara Begum, wife of the deceased Chairman Abdul Halim, having..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......egum. b. Conduct of convict-appellant Shah Alam: Deceased Rokeya Begurn was found dead with multiple injuries on different parts of her body. As a husband it was his obligation and paramount duty to locate the culprits who killed his wife and was, also, required to lodge complaint with Poli..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......5 is that, the petitioner has raised disputed questions of fact and, as such, the petition is not maintainable, and that at the time of passing the impugned transfer order, the petitioner was not on duty at Khagrachari as Sub-Assistant Engineer. It was further stated that for the greater interest o..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91....... as being infructuous showed prima facie mala fide of the BTRC, a statutory authority in performing its functions. He submitted that the moment the BTRC withdrew the letter vide Annexure C‑I it was duty bound to consider the prayer of the petitioner affirmatively as it had all the qualification's ..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......investigation and to report back thereon to the Court. Under rule 10(1) of the Order, after such investigation, the Commissioner shall return all such evidence he collected together with his report duty signed by him. Under rule 10(2) of the Order, the report of the Commissioner and the evidence t..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......eferring to those letters the learned Advocate emphatically submits that it was repeatedly pointed out to the contemner‑opposite parties by the Chairman designate that he is entrusted with the sole duty o holding the AGM of the years in question in accordance with law and the Articles of Associati..Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......iled to realise that the present case is of exceptional nature where the deceased being wife of the accused met with unnatural death while she was in custody of her husband (accused), the defence was duty bound to explain his conduct as to how she met with death. But admittedly, the accused‑ appel..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......date must be proved. Accordingly, if all a plaintiff can establish is such knowledge after payment, then he has failed to establish his course of action. The bank would not have been in breach of any duty in making tile payment without the requisite knowledge. We doubt that this is really open to co..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......triking employees declaring that in case of their joining duties by 24.09.1981 by 9 A. M. no action would be taken against them. Pursuant to the said announcement, the plaintiff-respondent joined his duty on 23.09.1981 at 9 A. M. but the defendant Nos. 5 and 2 did not allow him to join alleging that..Category: Employment/Service Law | Date: | Hits: 95