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Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....f the site or whether there is likelihood of erosion of river Kushiara and engulfment of the proposed UPCB on this land and whether the land fulfills the terms and conditions of the Paripatra are all disputed questions of fact which cannot be decided in writ jurisdiction. He next contends that the G......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......e-emption the opposite party Nos.1-2 collusively and cunningly described the deed of transfer as deed of exchange. The pre-emptor and opposite party No.2, Monwara Begum both are co-sharer of the case holding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul ..Category: Property Law | Date: | Hits: 117
....liberation as a collaborator and subsequently in 1979 he was elected a member of Parliament and from 1979 to 1982 he was a minister of State in the Cabinet of late Ziaur Rahman and, as such, he was a disputed person. It further appears from the said Summary that it was noticed from the letter of the......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
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Category: Civil Law | Date: | Hits: 185
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......titioner is one of Five Transferees. First to Seventh Opposite Parties are Pre‑emptors. Pre-emptors and father of purchasers are admittedly co-sharers and purchasers are admittedly strangers to holding under Pre‑emption proceeding. Petitioner shall be described as Pre-emptee-Petitioner and F..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......t and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been consider..Category: Property Law | Date: | Hits: 113
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ervants' (Discipline and Appeal) Rules, 1985 were not followed in passing the impugned order dismissing the petitioner from service. Admittedly, an Inquiry Committee was set up by the respondents for holding inquiry into the Charges brought against the petitioner and the said Inquiry Committee submi..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......iscussions made herein above we are of the view that the Courts below totally misread the provisions of section 44A of the Code of Civil Procedure and thereby arrived at a totally illegal findings in holding that the execution case was filed legally before the Joint District Judge and rejected the a..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......ving the award acted beyond the power vested in him and thus fell into an error in not setting aside the award. The learned Advocate further submits that the learned Subordinate Judge erred in law in holding that the objection filed by the opposite party of the Miscellaneous case has not been filed ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......rned to the plaintiff for presentation in the proper forum having jurisdiction. 3. On appeal, the learned Additional District Judge, 5th Court, Dacca affirmed the decision of the learned Munsif, holding, that as it was a suit for declaration simpliciter and there is no objective standard of the..Category: Civil Law | Date: | Hits: 123
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesitation in holding that the entire proceedings from the point of investigation right up to the order taking cog..Category: Criminal Law | Date: | Hits: 115
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......e deed on receipt of the remaining amount of Taka 12,28,000/-. Whereas the respondent served legal notices to have his deposited money of Taka 3,00,000/- back as such the trial Court was wrong in not holding that the respondent has violated the terms and conditions of the agreement and thus the resp..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......itizen may drink alcohol in a licensed bar.
(5) No provision of this section shall apply in respect of import, export, purchase, transport, preservation or drinking of alcohol by a foreign citizen holding a diplomatic passport or a passbook issued by the Customs authority or covered by the Baggag..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... the evidence and discussed the evidence of P.W.I in detail along with the P.Ws.1, 2, 5, 7, 9 and 12 who are eyewitness among whom 3 are injured witnesses and affirmed the judgment of the trial Court holding that the trial Court in dealing with the facts and law committed no error of law. It has bee..Category: Criminal Law | Date: | Hits: 116
....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
......he case property to the petitioners by two registered sale deeds dated 4th October, 1978. Under such circumstances, we are of the view that the learned Court of Settlement was not at all justified in holding that the case property was rightly declared as an abandoned property on the finding that the..
Category: Property Law | Date: | Hits: 116
.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......les and that an enquiry was held against him according to the procedure laid down in the rules. It was also contended that the petitioner was afforded every opportunity of defending himself and after holding enquiry the petitioner was found guilty of misconduct and, as such, the Respondent No.1 dism..
Category: Labour and Industrial Law | Date: | Hits: 141
....on about deposit of 75% of the decreetal amount as required by section 42 of the Ain and as such the revisional Application is not maintainable on that count also. He lastly submits that in fact, the disputed property was mortgaged with the plaintiff-petitioner and that the plaintiff petitioner is l......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
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Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....D (Karachi) 22 which though somewhat similar in fact but does not support his submission. 17. Therefore, we are of the opinion that the defendant opposite party No.1 has beneficial interest in the disputed house which forms the subject matter of the power of attorney inasmuch as it is agreed......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....cial establishment" have been defined in section 2(d) of the said Act. Among other concerns “banking company” and “a bank” was also "included" within the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and it......besides it but at a lower level...sometimes with implication of shelter or protection. …………… 9. With reference to persons acting in a certain capacity, considered in relation to one holding a superior position or office. 10. Denoting subordinate to or controlled by, a person or ..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......ported in AIR 1932 (PC) 76 held that as adopting the principle of Mohammedan law as stated by this Board inImam Bandi Vs. Mutsuddi their Lordships have no doubt that the Courts in India were right in holding that Fazilatun Nessa had no authority to enter into the agreement of reference on behalf of ..Category: Civil Law | Date: | Hits: 129
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
.... by his subordinate. It is also clear that there was no material before the respondent No.3 to justify passing of the resolution dated 25.6.88 for suspending the petitioner and others. It is also not disputed that the petitioner alone was suspended on 26.6.88 by the respondent No.2 before the person...... other employees of the Revenue Department of Dhaka WASA were punished on the recommendation of the petitioner for preparing bills for lesser amounts in respect of M/s. Phoenix Fabrics Ltd. and other holdings by manipulations of meter reading; that the respondent No.3 being influenced by the said Is..Category: Employment/Service Law | Date: | Hits: 231
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