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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of the plaint. After institution of the suit the plaintiffs by an amendment dated 02.06.2002 prayed for mandatory injunction. 3. The plaintiff's case put in a nutshell are that the suit land measuring ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......uader Chowdhury and others Vs. The State reported in 28 DLR (AD) 38, the Appellate Division held that: "Ordinarily criminal proceedings instituted against an accused person must he tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interl..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
.... question of limitation as well as the question whether plaintiff was able to prove the cause of auction for filing the suit. Moreover, the learned appellate Court being the last Court of fact it was mandatory on the part of the learned appellate Court to consider the evidence of P.Ws and D.Ws on re......o 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) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......essing all these facts the judgment-debtor filed an application in the court below and obtained the impugned order which clearly stands against the direction of the High Court Division as well as the provisions laid down in Section 3 read with Section 47 of the Artha Rin Adalat Ain, 2003. Moreover, ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......tter relationship between land owners and bargaders and the provision of entire Ordinance are relating to agricultural and cultivable land holding and transfers and not relating to urban land and the provisions of section 5 of the said Ordinance do not apply to urban land transfer and the applicatio..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......nd Air Vice Marshal AK Khandker, the then Air Chief of that period. But what these three persons stated in their statements have not disclosed any offence against this petitioner punishable under any provisions of the Penal Code. Placing the statement of Major General KM Shafiullah Mr. Rahman submit..Category: Criminal Law | Date: | Hits: 82
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... effect from 14.06.1975. This order of dismissal is against the principles of natural justice. 6. The defendant, District Board filing 2 written statements contended that the suit is barred by the provisions of Articles 94 and 98 of the Basic Democracies Order, 1959. It was stated that the order ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......authorized officer of the commission as provided in section 20 of the Ain and of taking sanction of the Commission before taking cognizance as required under section 32 of the Ain does not arise. The provisions of those two sections of the Ain have no manner of application in the instant case as..Category: Criminal Law | Date: | Hits: 85
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......cknowledgement of the fact that the said amount is due and owing to the petitioner. 31. For a proper understanding and appreciation of the issue before this Court, let me now refer to the relevant provisions of the law in question. 32. Section 241 of the Act provides six grounds or circumstanc..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ....... 7. The referred case is of M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others reported in 35 DLR (AD)188 wherein their Lordships decided, inter alia, the question whether the provisions of Order 7 Rule II of the Code of Civil procedure 1908 is applicable in the Admiralty Jur..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......tances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. He next in the course of his argument upon placing the provisions of section 216A/217 of the Customs Act submits that the Customs Act is a special law and ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....heard. It is the cardinal principle of interpretation of any Deed or Statute that the proviso to a section is to be regarded to have an overriding effect and control over the whole section. This is a mandatory provision as to interpretation of law disregard of which would nullify all action taken un......removing the petitioner from the office of the Mutwalliship. He has further argued that the learned District Judge and the Administrator of Wakfs did not at all consider the position of law and the provisions of section 32(1) of the Wakfs Ordinance in removing the petitioner and as such the Judgme..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
.... complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions of section 35(c) of Ordinance No. XXIV of 1982 are only directory in nature. This provision has no mandatory character at all in spite of the use of the word "shall" and non-performance of this provi...... 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions of section 35(c) of Ordinance No. XXIV of 1982 are only directory in nature. This provisi..Category: Procedural Law | Date: | Hits: 123
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......to correct or contradict them. 12. Placing the aforesaid decisions and opinions Mr. Rafique‑ul Huq submits that while passing the order of suspension the Executive Committee has not followed the provisions of Article 34 of the Articles of Association and as he was not given any opportunity to d..Category: Others | Date: | Hits: 154
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......laws and against public interest.
15. The learned Counsel further submitted that since now of the ship breaking yards of respondent Nos.15-19 have any environmental clearance as required under the provisions of the Environment Conversation Act, 1995, the Environment Conservation Rules of 1997 mad..
Category: Environmental Law | Date: | Hits: 891
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....ourt in so many cases that the Artha Rin Adalat Ain being the special statute providing to deposit 25% of the decretal amount as a pre-condition for filing an application by the 3rd party claimant is mandatory and as such the question of interference does not arise at all. Mr. Mamunur Rashid, finall......nd into the facts and circumstances of the case and law bearing on the subject and the same has resulted in error in the impugned decision occasioning failure of justice. Drawing our attention to the provisions of, section 32 (2) and 6(5) of the Ain, 2003 Mr. Ezaz Maswood submits that the petitioner..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......ড়া সম্পর্কে কোন বিরোধ সৃষ্টি হলে নিবন্ধকের চূড়ান্ত হিসাবে গণ্য হবে। 21. From the provisions quoted above, it appears that “বিদ্যমান ব্যবস্থাপন..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ...... in any Court." To consider the submissions of Mr. Ali it is necessary at the outset to quote section 9 of the Code of Civil Procedure as hereunder "Section 9.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a Civil nature excepting suits of..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......dacoits had taken to their heels and another and a separate transaction came into being when they started firing and in course of such firing if any is killed they will be punishable under some other provisions of the Penal Code other than under section 396 of the Penal Code. The word murder appeari..Category: Criminal Law | Date: | Hits: 87
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
...... default the guarantee is given is called the "principal debtor", and the person to whom the guarantee is given is called the 'creditor'. A guarantee may be either oral or written."
5. The above provisions have to be read with section 128 of the Act of 1872 that sets out the liability of a sure..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
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