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Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....sale amounts to a fraud and in such a case the judgment-debtor is entitled to claim the benefit of Section 18 of the Limitation Act. 12. The learned Advocate for the opposite par­ty on the other hand submits with reference to two cases reported in 6 DLR 434 and 9 DLR 394 that admission of appea......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

..... (1900) 2 QB 530; Serajul Islam Chowdhury Vs. Md. Jainal Abedin, 49 DLR (AD) 164; Government of the People’s Republic of Bangladesh Vs. Hosne Ara Begum, 49 DLR (AD) 127; Smt. Kamla Devi Vs. Kishanchand, AIR 1970 MP 168; Pushpabai Parshottam Udeshi Vs. Rajnit Ginning and Pressing Co. Pvt. Ltd., AI......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

.... total, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defe......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....as per section 67 and as such on two different counts the petitioner is entitled to get back the refund of the claim. 9. Mr. SM. Moniruzzaman, the learned Assistant Attorney-General, on the other hand, by filing affidavit in opposition opposes the Rule. His submission is plain and simple. He den......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....been granted bail by this Court and as such this petitioner should also be granted bail having stood on similar footing. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney-General, on the other hand, submits that though the petitioner's name did not find place in the F.I.R. yet her involvement......l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

.... order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned advocate for opposite party Nos.15, 6 and 7, on the other hand, supported the order of the learned Munsif and submitted that the order passed by the learned M......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....e Indian Supreme Court and reported in AIR-1980 at page 840 is applicable in the facts and circumstances of this case. 13. Mr. Abdul Malek, the learned Advocate for the opposite party on the other hand, submits that the decision of the Indian Supreme Court is not ap­plicable to the present case ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....ury, Nizamuddin Bepari (on showing Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar Rahman Chowdhury and Niza­muddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing ex­pert and the concerned police officers. After follow­ing the legal provisions rega......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....ther Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some conversation between parties and at......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..

Category: Criminal Law | Date: | Hits: 107

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....l No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.....g. an ordinary buyer, if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, but not by way of invoking the writ jurisdiction. On the other hand, when the Government grants lease, privilege, settlements etc. the Government acts and discharg....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

.... court an appeal lay against the decree and no appeal against the order recording compro­mise lies and as such this appeal is not maintaina­ble. The learned Advocate for the appellant, on the other hand, submitted that the appellant had remedy both by way of appeal from the decree itself as well a......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 109

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....re, the said order need to be set aside in Revision and the appeal pre­ferred by the petitioner appellant need be admitted and heard on merits. 6. The learned Advocate for the State, on the other hand, has submitted that a right of appeal is a vested right but it needs, to be filed within 30 day......n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

...................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukdar Vs. Chairman, Court of Settlement and another, 45 DLR 304. Lawyers Involved: ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....ary, 1983. Though the petitioner claimed that he was given accommodation in the Gulshan Taltala sweeper colony with other sweepers he could not produce anything in support of such claim. On the other hand respondents denied that there is any sweeper colony named Gulshun Taltala sweeper colony. Accor......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....Tutul, son of Sonali Mollah and Ripon (Absconding), son of Momtaz Khan have been con­victed under section 302 read with Section 34 of the Penal Code attracting sentences of death as pro­nounced and handed down by the learned Additional Sessions Judge; Manikganj in Sessions Case No.73 of 1999. This......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....would maintain 31 centres out of 518 centres (Annexure E). Another resolution was taken in a meeting held on 17‑8‑2002, in respect of prevention of Dengue, but the petitioners were not allowed to handle the programme (Annexure E‑1). In the meantime, a Circular vide memo No. Poura‑1/M‑02/20......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....r by the order dated 1.8.84 by the Deputy Commissioner, and Chairman, District Management Board, Rangpur, with a direction to take over possession from the lessees after cancelling their lease and to hand over possession of the property to the petitioner. 3. Later on when Lalmonirhat was creat......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....ies in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5­-11...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....all these facts to him. Nazma also told that at about one hour in the night someone fell her down from the “Khat” when she was roaring and on hearing this Faruque and others, 4 in number, saw the hands and mouth of Nazma fastened which they untied and then saw the blood stained slaughtered dead ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98