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Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... thereafter approved the same and awarded the punishment. The learned Advocate for the respondents argued that the respondents have complied with the formalities of law and took action in the greater interest of the University. 11. Mr. Zakir Ahmed, the learned Advocate, submits that the impugned ..

Category: Others | Date: | Hits: 153

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......‑in‑opposition and against whereof the petitioner filed nine appeals being Nos. 34046 to 34054 of 1984 after eleven years eight months fourteen days claiming that the petitioner had purchased the interest of Rahmat Banu. These appeals filed obviously under rule 31 of the Tenancy Rules, 1955, wer..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......ities as well as rights of all creditors, secured or otherwise, and the share‑holders are sub judice before the Court. Knowing fully well that the matter was sub judice before the Supreme Court and interest of all the concerned parties namely, creditors including BSRS as well as shareholders of th..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......dant No.1 contested the suit by filing a written statement denying the material allegations and stating, inter alia, that the suit is barred by limitation and that the plaintiff No.2 relinquished her interest under the agreement for getting back the suit land on receipt of a sum of Tk. 1500.00 from ..

Category: Property Law | Date: | Hits: 57

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302....... by Ishaque Ali the predecessor of the defendants was still pending. Ishaque Ali, decree-holder of Title Suit No.34 of 1962 died on 21.02.1988 leaving as heirs. Osman Ali and Goleza Khatun sold their interest of the land of schedule II of the plaint of defendant No.2 by a registered kabala dated 09...

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......fendant No.7. 5. Leave was granted to consider that sub­missions of the learned Counsel for the appellants that "the wife of the plaintiff being a legal heir of the deceased having no conflicting interest with the deceased plaintiff and could legally proceed with the suit being transposed from t..

Category: Property Law | Date: | Hits: 65

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......n 53 of the Contract Act, 1872. Oh 28th November, 2006, the respondent No.2 filed the Artha Rin Suit on the basis of the said buy-back agree­ment praying for a decree of TK.17, 624,775.00 (including interest) against the appellants. On 8th July, 2007, the appellants filed an application for stay of..

Category: Civil Law | Date: | Hits: 78

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......eclaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The plaintiffs case is that Madhu Mondal and Haran Mondal had raiyati interest in the suit land under the landlord Chatterjee Babu at the rent of Tk. 50.00 as recorded in..

Category: Property Law | Date: | Hits: 70

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......that while she was making preparation for taking loan from the House Building Corporation the respondent proposed to arrange a loan from his employer, the Bangladesh Shilpa Bank, at a cheaper rate of interest for which she agreed to mortgage the land to the Shilpa Bank; that in pursuance thereof the..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......ng the pendency of mortgage suit are subject to the result of that suit but the said purchases of the said property are not void and the plaintiffs have locus standi to file the suit to protect their interest in the suit property. He further submitted that the claim of the plaintiffs in the earlier ..

Category: Procedural Law | Date: | Hits: 67

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614....... that the charge speaks of abetment of smuggling of 110 bars of gold weighing 1100 tolas valued at around Tk. 5,23,190.00. The alleged offence is undoubtedly a serious offence affecting the pecuniary interest of the country and its people. So, the accused cannot be allowed to go scot free merely bec..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611....... private individual had to make up their own mind only and had to arrange his own fund and is normally presumed to be aware of the facts and aspects of the case while in the case of Government public interest has to be duly considered that the case of the Government in such matters various authoriti..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......rs that the sanctity of the Parliament Chamber will be desecrated. The learned Attorney-General further submits that the election scheduled to be held on 8th October, 1991 should not be stayed in the interest of the development of the democratic process. The learned Attorney‑General submits that t..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......4.11.91 through the learned Advocate requesting the respondent to pay the arrear rent from November, 1986 to October, 1987 at the agreed rate per month for the total sum of Tk. 5,20,800.00 along with interest @ 16% per annum within 21 days from the date of receipt of that notice failing which, it wa..

Category: Company Law | Date: | Hits: 190

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......held on 25.9.45 is null and void and not binding upon them. Their case was that the taluk including the suit land measuring 1.42 acres originally belonged to one Radha Chand Naha and on his death his interest devolved upon his sons Govinda Charan Naha and Prasanna Kumar in equal share in ejmali. Whi..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ...... to the Court of appeal below for rehearing and fresh decision in accordance with law, but as it is a very old suit of the year 1966 and when all materials are available on record, I feel that in the interest of justice this Court should exercise its jurisdiction tinder section 103 of the Code of Ci..

Category: Property Law | Date: | Hits: 101

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......rks. It is true that under law BCIC was required to obtain the trade mark 'Cock' for Sattar Match Works. But, since this unit was sold in the year 1978 and purchased by the petitioners, BCIC lost its interest in getting the above trade mark for Sattar Match Works. Here I do not find any fraud in the..

Category: Intellectual Property Law | Date: | Hits: 264

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......PW 1 admitted in his evidence that he sued his brother Mahibur Rahman, father of the victim Kaoser to establish his claim as a co‑sharer of the Jigatala house. He in fact did not claim any title of interest to Jigatala house so long Kaoser was alive. PW 7 categorically stated in his evidence that ..

Category: Criminal Law | Date: | Hits: 93

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......nd why the detenu should be informed of all the evidence and the circumstances on which the charge against him is based. It may be that some circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and the Government is empo..

Category: Constitutional Law | Date: | Hits: 287

Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......fendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of possession there..

Category: Procedural Law | Date: | Hits: 83