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Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......ant principle which is non-discriminatory, it must not be guided by any extraneous or irrelevant consideration because that would be denial of equality. 15. The principle expounded there is not in dispute, but the facts are entirely different from those of the present case and consequently the ca..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......rmission to withdraw from such Suit or abandon such part of a claim with liberty to institute a fresh suit in respect of the subject matter of such suit or such part of a claim”. 10. There is no dispute to the proposition of law that the plaintiff is at liberty to withdraw his suit even without..Category: Property Law | Date: | Hits: 88
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......ning of 24-3-84 he got information that the police of Chauddagram recovered a male dead body from Dakatia river at Hossainpur who identified the said dead body to be his father. The deceased has land dispute with Mohan Mia and others and it was suspected that out of enmity they murdered his father. ..Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... Manager of the shop of victim Ratan Mia, Ful Mia and Khorshed Ahmed in their statements recorded under section 161 of the Code of Criminal Procedure stated that over some money transaction a serious dispute cropped up between the accused-petitioner Md. Hanif and the victim Ratan Mia. It has been al..Category: Criminal Law | Date: | Hits: 65
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......n and in that view of the matter, the learned Single judge of the High Court Division erred in law in interfering with the judgment of the Court of Appeal blow allowing pre-emption. 5. There is no dispute that the petitioners are the co-sharers of the lands transferred by the heirs of Sukur Ali t..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......he basis of evidence and that the documents marked as Exhibits 4 and 5 has been erroneously admitted into evidence and that Ext.4 and 8 had not been properly considered and that there being a serious dispute regarding title, ownership and possession of the plaintiff and the plaintiff totally failing..Category: Property Law | Date: | Hits: 59
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest..Category: Civil Law | Date: | Hits: 183
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... the appellant appreciated that his act was within the mischief of contempt; (ii) Whether he regretted it; (iii) Whether his regret was sincere; (iv) Whether it was accompanied with expression of the resolution never to repeat again and (v) Whether he made humble submission to the authority of the C......ed up again. So much I thought it necessary to say, feeling strongly for the dignity of the law; and have only to add that I fully endorse the opinion expressed by Krishna Lyer,J. 83. There is no dispute that print media is indispensable and essential organ for a welfare state. The liberty of th..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......urt personally or through the learned Advocate and, as such, allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after co..Category: Civil Law | Date: | Hits: 90
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......that both the containers were brought into Bangladesh in an illegal way by flouting the provisions of the Customs Act and with the ill motive of evading customs duty. The petitioner could not deny or dispute the documents annexed with the Affidavit-in-Opposition. It, thus appears to us that the good..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... above, it was the reasonable expectation of the petitioners that subject to satisfactory performance, they would be absorbed as permanent employees of Biman on the basis of past practice, and as per resolution of Biman’s Board of Directors at its 174th Board Meeting held on 8-5-93.
4. All the ......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
....ndents and, as such, the petitioners have not placed any new materials for which the Boards decision dated 20-12-93 is required to be revised, for which action should be taken pursuant to a Board’s resolution dated 20-12-93 and by subsequent office notes from 66-70 the impugned orders of dismissal......ed to be exonerated.
8. In view of the consequence provided in the Rule there is no scope for non-compliance of the said mandatory provision. The learned counsel for the respondents also could not dispute that the provision is not mandatory.
9. In case of Bangladesh Oil, Gas and Mineral Corpor..
Category: Employment/Service Law | Date: | Hits: 87
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......s quoted hereunder:
“9. Commission for Local Investigations.-
In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or ..
Category: Property Law | Date: | Hits: 68
....has also the power to inspect the office of the trade organisation, attend any general meeting, or of the Executive Committee meeting, supervise the holding of election, cancel, suspend or modify any resolution or decision taken by the General Meeting or the Executive Committee, remove any member of......3 of the Companies Act is not maintainable for two broad reasons:
(a) Such application is barred under section 12 of the Trade Organisations Ordinance.
(b) In any event the parties are to refer disputes to the arbitration as provided in Article 66 of the Articles of Association of the Chamber ..
Category: Company Law | Date: | Hits: 198
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......epartmental authority to punish or not to punish the delinquent and, as such, suspension by itself does not disclose any cause of action. 8. Mr. Quayum, on the other hand, submits that there is no dispute to the proposition of law that when an action suffers from want of cause of action the suit ..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......il Procedure. The substantial thing to be considered is that auction purchaser who is resisting the claim, claims title to the property under a purchase certified by the Court, and if the property in dispute is part of the property so purchased auction purchaser is protected. A distinction should no..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......xing and among others certified copies of CS Khatian No. 2 marked as Annexure 4 -4(1). CS and Map prepared by the Government in 1922-23 in respect of Mowza Balabunia No. 127, Sheet No. 2 covering the disputed lands clearly showing constitute the bed of some rivers and navigable canals marked as Anne..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......the plaintiff as he failed to perform technical services. The plaintiff further stated that taking advantage of the imprintment of technical fees in the LC the defendant No. 1 instead of settling the dispute through arbitration to which he previously agreed started creating pressure on defendant No...Category: Civil Law | Date: | Hits: 164
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......bdul Rahim 1999 BLT (AD) 153. 7. I have heard the learned Advocates of both the sides and perused section 12 of the Trade Organisations Ordinance. The said provision envisaged that in case of any dispute in respect of an act or proceeding of a trade organisation or its Executive Committee, the c..Category: Civil Law | Date: | Hits: 74
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......dant No.1 from the payment of the decreetal amount jointly with the defendant Nos.2-4 and also of the modification of the amounts decreed by the learned Joint District Judge. The defendants did not dispute the plaintiffs claim that it supplied the fish feed on taking credit from defendant No.7 and..
Category: Civil Law | Date: | Hits: 96
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