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Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......Present: Md. Abdur Rashid J Sazeda Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Surajit Bhattacharya, Advocate—For Op......tion for the transfer for all purposes including that of the valuation of the proceeding for its pecuniary jurisdiction. Moreover, the proceeding under section 96 of the Act is essentially summery in nature. Deciding the application for preemption, Court cannot go behind the intentions of the partie..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......lood and blood clots in and around the issue injured. Right upper lobe was also found injured. He was of the view that death resulted due to the above injuries which were ante-mortem and homicidal in nature. 8. On the above evidence, the trial Court took serious exception against the appellant fo..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......r. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......rty which is the subject matter of the application. It is only connected with the factum of possession at the time when the applicant is alleged to have been dispossessed by the decree-holder and the nature of such possession, whether it was on his own account or on account of a person other than th..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ief is conferre4 it is inconceivable that where the final relief cannot be granted in the terms sought for because the statute bars granting such a relief, ipso facto the temporary relief of the same nature cannot be granted. 13. The learned Additional District Judge while rejecting the prayer fo..Category: Property Law | Date: | Hits: 105
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......erfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......…………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the society and changes in the nature of arms and ammunition now used by criminals, and definition of arms has not yet been amended..Category: Criminal Law | Date: | Hits: 40
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......r as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ...... case. In this case, the scope of injunction has been examined from different perspectives relying on the facts and circumstances of each case. Nothing has been shown that mandatory injunction in the nature prayed for is not available. On the other hand, it appears from the aforesaid decision that m..Category: Others | Date: | Hits: 132
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......d principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......hat also might be the reason for failure of the prosecution to produce the remaining public witnesses in spite of issuance of warrant of arrest. Whatever might be the reasons of delay considering the nature of allegation against the appellants and the prevailing law and order situation we are of the..Category: Criminal Law | Date: | Hits: 35
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 ......nnot in the absence of an express contract, be terminated to the prejudice of such interest." (Underlined by us). 18. Under the above provisions, the interest to be protected must be of a personal nature and in the property which forms subject matter of the agency. Where the authority of an agent..Category: Civil Law | Date: | Hits: 148
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... and fast rule to be applicable in all situations. However, the Court may be profitably guided by the following circumstances: a. the source of the fund to pay the price of the property; b. the nature and possession of the property after purchase; c. the motive, if any, for such purchase in..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ust fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......odown on purely temporary basis for a fixed monthly salary subjectto terms and conditions contained in their letters of appointment. The respondent No. 2 in all the 9 writ petitions were aware of the nature of the job and, as such, they never approached the petitioners bank for the benefits permissi..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......ate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......e dead body of the victim to Rajshahi Medical College morgue on the basis of challan Exhibit 4. He further says that the inquest report of the victim was prepared in his presence and he proves his signature Exhibit 4/1 therein. Sub-Inspector Kawsar Ali who prepared inquest report has not been examin..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......rds at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......currence house and found the dead body of the deceased covered by a quilt. For 4/5 days before the occurrence he saw the appellant in the locality. He (PW 3) went to the police station and put his signature in the ejhar of the UD Case. He denied the suggestion that for 4/5 days before the occurrence..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so far as it omits/deletes the co-exclusivity clause 23 of t..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......n view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......ase.
9. Ms. Nahid Mahtab, the learned Assistant Attorney-General appearing for the respondent No. 3, emphatically submits that the notification in question cannot be termed to be discriminatory in nature inasmuch as the classification has been made on a reasonable basis and the members belonging ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......ative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......er of the AJCT holding that incentive bonus was an expenditure incurred by the assessee wholly and exclusively for the purpose of the assessee’s business and it is neither an expenditure of capital nature or personal expenditure. 3. The following question has been formulated by the revenue appl..Category: Fiscal/Taxation Law | Date: | Hits: 104
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ocates — For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment a...... that such latter citizenship has been voluntarily acquired. Determination of the question postulates an approach as in a quasi-judicial enquiry, the citizen concerned must be given due notice of the nature of the action which in the view of the authority involves termination of Indian citizenship, ..Category: Immigration and Citizenship Law | Date: | Hits: 190
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......rder as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......that the Deputy Commissioner entertained the Civil Suit under the provisions of the Chittagong Hill Tracts Regulation 1900 and therefore, the Deputy Commissioner while determining disputes of a civil nature is a Civil Court and therefore, any order made by the Divisional Commissioner on appeal is am..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul Wadud Bhuiyan with Nikhles Dutta Advocates—For the Appellant. Kh Mahbubuddin Ahmed with Mirza Hossain Haider Advocates—For Respondent Nos. 1(ka), 1(kha), 1(ga), 1(Uma). ......meticulous reading of the aforementioned provision of law it is very much clear that the present suit is not hit by section 37 of PDR Act and it does not bar filing of the present suit in the present nature and it is covered by section 42 of the Specific Relief Act and section 9 of the Code of Civil..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......t Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......place of occurrence, prepared sketch map with separate index. Examined witnesses under section 161 of the Code of Criminal Procedure and submitted charge sheet. He proved sketch map, Index and his signature. He, also identified Alamats i.e. one country made pipe-gun and two live cartridges. Further ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......Milon and Kamal dealt him blow of Churi when Azhar tried to save him and then Azhar was given blow of Churi. P.W.1 went to the police station and lodged the first information report. He proved his signature in the first information report and in cross-examination he detailed topography of the place ..Category: Criminal Law | Date: | Hits: 35
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