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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. ......ey are the owners of the suit lands. Section 64 runs as follows: "64. Action against Trespassers and Miscreants.- (1) If a co‑sharer in waqf property or an individual beneficiary or any other person interested in a waqf, or a stranger, creates disturbances or obstruction in the peaceful mana..Category: Trust/Waqf Law | Date: | Hits: 131
....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.
......cipal Debtor" and "Creditor" in section 126 of the Contract Act, 1872 ("Act of 1872") thus:
"A "contract of guarantee" is a contract to perform the promise, or discharge the liability of a third person in case of his default. The person who gives the guarantee is called the "surety", the person..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......rd Boishakh, 1354, that is, in April, 1947, then Pakistan did not come in to exist. Learned Advocate further submits that, P.W.1 whose age is about 40 years when deposed in Court, can not be a proper person to prove this document and also fact of the instant suit as such, the plaint case has not bee..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......hments in refreshment room and run buffet cars terminable at 6 months' notice. It has further been held in the decision that, under the provisions of section 42 of the Specific Relief Act, 1877 a person entitled "to any legal character" or to "any right to property" can institute a suit for a de..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......and asked the informant to come out from the room which having scared him he thereafter raised alarm and upon their raising hue and cry the local people came forward and caught red handed the accused person Bachhu with a 27 inch country made Gun. 3. Police commenced investigation and visited the ..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......er. 13. We have been informed by the learned Deputy Attorney General, that upon receipt of the said order dated 21.1.98 issued by this Court the Jail Authority has removed the bar fetters from the person of Fazlu Miah. Therefore, it is clear that Fazlu Miah has been relieved from the bar fetters ..Category: Constitutional Law | Date: | Hits: 219
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. ......earned Advocate on the point of maintainability of the Revisional application submits that the Revisional power of the High Court is a supervisory power which may also be exercised suo moto and any person is competent to bring an illegality into the notice of the High Court and there is no bar of ..Category: Property Law | Date: | Hits: 117
....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.
......as appointed and recognised by the Government as the Bohmong chief as he attained the age of majority and was the senior most and the most experienced amongst the claimants and also the most suitable person. On the other hand, it appears from the said letter that the ruling Bohmong nominated his suc..
Category: Civil Law | Date: | Hits: 185
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......ion 494 of the Code of Criminal Procedure runs as follow:- "494. Any Public Persecutor may, with the consent of the Court, before the Judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried and u..Category: Criminal Law | Date: | Hits: 94
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......ed that the plaintiff claimed salary for the period of her studying in the H.S.C. class. He further submitted that the father of the plaintiff was the founder of the school and was a very influential person. Save and except this he could not point out any illegality or infirmity of the impugned Judg..
Category: Civil Law | Date: | Hits: 104
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. ......ty. 18. The legal debate is now approached and addressed. 19. Exercise of Right of Pre‑emption is a Statutory Right conferred upon a co-sharer either by way of inheritance or by purchase or a person holding land contiguous to property transferred against a person who is stranger to the holdi..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. ......the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the Act provides that when the 'Will' is in possession of a person residing outside of the state, probate of the 'Will' may be granted for limited period on the..Category: Property Law | Date: | Hits: 113
....be dismissed from service on the charges mentioned therein to which petitioner replied denying the frivolous and baseless charges brought against him. Thereafter, therespondents purportedly formed an Inquiry Committee consisting of 3 members to inquire into the allegations brought against the peti......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.
..
Category: Employment/Service Law | Date: | Hits: 205
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ...... of the petition, that an election of the Managing Committee was held on 5.2.2003 and the first meeting of the Managing Committee of the School was held on 6.3.2003. In the said meeting, names of two persons were proposed, namely, Mr. Alhaj Golam Rabbani Chowdhury and Mr. Abul Hossain Azad, for sele..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......ce in defence. 7. The defence as it transpires from the trend of cross examination is that innocence and false implication. It was divulged in defence that the deceased Joynal took money from many persons of village Huzrakanda with a pretext of different pseudo pleas. The reason behind such murde..Category: Criminal Law | Date: | Hits: 142
....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.
......ssed, preserved, warehoused and exhibited under licence:
(b) be used under permit;
(c) be carried or transported with pass.
Section 10. Provision for production etc. of alcohol.—
(1) No person without any licence issued under this Act—
(a) Shall establish any distillery or brewer..
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. ...... Khatun, wife of the victim, as an informant lodged First Information Report with Nalitabari P.S. on 19.11.1999 alleging, inter alia, that on 17.11.1999 at about 4 p.m. the convicts and other accused persons being armed with deadly weapons, entered into the house of the victim Khorshed and upon the ..Category: Criminal Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
...... standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the instant case the respondents 2 and 3 illegally ..
Category: Civil Law | Date: | Hits: 178
....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.
......2 of President's Order No.16 of 1972, it automatically vests in the Government in terms of Article 4 thereof on the commencement of the said Order. But an abandoned property even in possession of any person can only be included in the list of "Abandoned Properties", called "Kha" list in respects of ..
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.
......d been rejected. It is alleged by the petitioner that the grievance petition was submitted to the respondent No.3 who happened to be the General Manager of the respondent No.1 by delivering it to his personal assistant.
The petitioner then filed the case before the Labour Court, Khulna being Cas..
Category: Labour and Industrial Law | Date: | Hits: 141
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