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Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....n whose name the deed stands is not signatory to the agreement of reconveyance. Even the transaction is deemed to be a complete usufructuary mortgage for a period not exceeding seven years but it was stipulated in the said agreement covering the period for 12 years from 6‑5‑60 and 30‑6‑60 fo......or they had possessed the suit land at any time and that there was no talk of reconveyance but the said two brothers in collusion with Nazar Ali created fraudulent registered deeds of agreement for a period of 12 years. Subsequently, Nazar Ali filed three Miscellaneous cases bearing Nos.1030/72‑73..Category: Property Law | Date: | Hits: 114
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......ules submit that there is no sufficient cause for condoning the delays. We do not find so. The usual practice is not to entertain a revisional application beyond ninety days. But there is no specific period of Limitation for revision in the Limitation Act and so it’s residuary Article providing th..
Category: Property Law | Date: | Hits: 84
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ...... the detenu on 25‑12-2002 vide Miscellaneous Case No.3219/2002 dated 24‑12‑2002 and thereby the said District Magistrate detained the detenu under section 3(2) of the Special Powers Act for a period of 30 days. The grounds of detention was served upon the detenu on 5‑1‑2003 (Annexure‑B..
Category: Criminal Law | Date: | Hits: 104
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ...... it is the "seriousness" of the "illness" which shall be the criteria to be taken into consideration in the matter of granting bail in an appropriate case in an appeal irrespective of the statutory period of 90 days for disposal of the appeal". Accordingly in the instant case where the accused-app..Category: Criminal Law | Date: | Hits: 125
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......her and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lakh from the complainant by way of loan in two instalments on the stipulation that he would repay the loan within a period of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-p..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... he had never received any punishment for any offence in service. It is further stated that Biman recently terminated and compulsorily retired 252 officers and employees without any reason in the period covering October, 2006 to April, 2007. It is also stated that there are huge number of offi..Category: Employment/Service Law | Date: | Hits: 157
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......ct, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was..Category: Procedural Law | Date: | Hits: 103
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... ক্ষেত’ (Jute field). 52. It appears from record that convict Abul Hashem was arrested on 23-1-1995 and on that day he was taken remand for 4(four) days and after ending of the said period of remand he was produced before the Court on 30-1-1995 and he was sent to the jail hajat. ..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......cation in the aforesaid Money Execution Case No.7 of 1987 for setting aside the auction-sale on the ground that the plaintiff-appellant failed to deposit the entire auction money within the statutory period. On rejection of the said prayer by the Execution Court, the defendant-respondents filed Civi..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....y (a two-storied residential building) at Baro Maghbazar, Dhaka to the plaintiff-respondent at a total consideration of Taka 6,75,000.00 on receipt of Taka 3,50,000.00 by way of earnest money. It was stipulated in the sole agreement that the defendant-appellant would execute and register necessary s......pondent for selling the suit property. The learned Advocate for the defendant-appellant submits that since the plaintiff-respondent failed to pay the balance consideration money within the stipulated period the first sale agreement was cancelled and part of the consideration money was forfeited by t..Category: Civil Law | Date: | Hits: 148
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plaintiffs case is that they have been owning and possessing the suit property for quite a long period by using the same as their homestead and by planting bamboo clumps and other valuable trees t..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......er execution and registration of a deed of lease by the DIT on 25-2-64 and 19-3-64 respectively in his favour. Defendant No.1 constructed a one-storied building on the land of schedule ‘B’ during period from 1969 to 1973 at his own cost and for his own benefit and interest. After construction of..Category: Property Law | Date: | Hits: 109
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......ry of one month. It is further submitted that cause of action arises one month after the issuance of notice under clause of the proviso to section 138 but complaint was filed long after the statutory period and, as such, petition under section 561A of the Code of Criminal Procedure is liable to be q..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......out shrimp cultivation project on yearly basis. On 14-1-1987 the petitioner auction purchased shrimp cultivation project at Koinkhali, Cox’s Bazar being the highest bidder at Taka 4,00,500.00 for a period of two years from 20-1-1987 to 31-12-1988, that thereafter an agreement was duly executed bet..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......f the occurrence of the vacancy: Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God to hold such election within the period specified in this clause, such election shall be held within ninety days following next after..Category: Election Law | Date: | Hits: 162
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....h (ICB) Respondent No.4 of a total sum 7k. 1,26,86,000'00. BSRS provided loan for the purposes of two coastal vessels and ICB provided bridge finance‑cum‑underwriting advance. As the BSRS and ICB stipulated that all the fully paid up shares of the directors/share‑holders had to be mortgaged wi......otation and that is why it was not done in the form of expulsion or in any other form. Articles of Association provide for change of Directors on rotation on the ground of holding office for a longer period. Mr. Toufique Newaz has failed to produce any papers before this Court to show that a Directo..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......test and applied for 90(ninety) days leave and he availed the leave from the 7th May, 1987. The respondent did not accept the resignation letter of the petitioner and as such upon expiry of the leave period he resumed his duties on the 4th August, 1987. He was doing his duties regularly. Suddenly by..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......, has not been challenged in the instant case. Therefore that writ petition is not maintainable. The Rule is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998)..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....nation paper shall be disposed of within two days from the date of filing of the appeal but it appears that the appeal was filed on 3-9-92 and the same was disposed of on 6-9-92, i.e. after expiry of stipulated period of two days. It is further submitted that the respondent No.7 obtained as many as ......r shall be disposed of within two days from the date of filing of the appeal but it appears that the appeal was filed on 3-9-92 and the same was disposed of on 6-9-92, i.e. after expiry of stipulated period of two days. It is further submitted that the respondent No.7 obtained as many as 1510 votes ..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevant for ..Category: Procedural Law | Date: | Hits: 88
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