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A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....pecuniary jurisdiction of the Court. In that case it has been held that since the suit was a mere declaratory suit, the value of the suit should be the value plaintiff opts for. 15. In the case in hand the question is whether the plaintiff is at liberty to put his own valuation in such a suit whe...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
.... issued.
8. It has already been observed that in spite of appearing with the name in the cause list no one appears on behalf of the petitioner and thereby advance any arguments.
9. On the other hand, Dr. Md. Bashir Ullah, the learned Assistant Attorney General appearing on behalf of the Govern......the petitioner (Plaintiff) filed this suit before the Sub-Judge, Dhaka for declaration of her title and obtained such decree on 14.03.1980 in respect of the present suit land. It is curious enough to note here that both the Courts below have lost their sight to discuss the matter in their respective..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
.... as alleged in the ejahar is exclusively triable under the Drug Act, 1940 and the Special Tribunal constituted under the Special Powers Act has got no jurisdiction to try the case. 5. On the other hand, Mr. Md. Monwar Hossain, learned Assistant Attorney General appearing for the State referred to......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
Md. Selim Vs. State, 2011, 40 CLC (HCD)
.... Ms. Nahid apprises us that during pendency of the appeal, the appellant has not been granted bail by this Court at any point of time, and meanwhile he has served out the sentence. 7. On the other hand, Ms. Salma Rahman, learned Assistant Attorney General appearing for the State submits that the ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....hammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment November ......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
....o Appeal is directed against the judgment and order dated 21.04.2010 passed by the High Court Division in Writ Petition No. 1505 of 2010 discharging the Rule with the direction upon the petitioner to handover the possession of the case fisheries (Kawnai Nadi Chaunai Nadi Part) popularly known as "......py of the lease document produced before us by the petitioner, it appears to us that the figure "20" has been inserted in a small gap between the figure "1416" and the word "বাংলা". We also note that condition No.3 of lease document reads as follows:
“৩. লীজ গ্রহী..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....nd as such the impugned order is liable to be struck down. The learned Advocate in support of his submission has relied on the decisions reported in 51 DLR (AD) 221 and 8 BLD 241. 11. On the other hand, Mr. Md. Ziaul Hoque, the learned Advocate appearing for the plaintiff-opposite party No.1 supp...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......ivision. 7. We have considered the submissions of the learned Counsel for the petitioner and perused the impugned judgment of the High Court Division and other connected papers on record. 8. We note from the judgment of the High Court Division that the submissions made by the learned Counsel b..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....the predecessor-in-interest of the plaintiffs, Alef Sarder, sold .54 and .35 acres of land out of R. S. khatian Nos.311 and 315 by registered deeds of sale dated 07.06.1946 and 17.07.1943 to Umesh Chandra Saha and the said land was again purchased by Abdul Hamed Sarder alone by two registered de......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....ceedings before the Family Court shall be absolutely civil in nature and a decree passed by such Court shall be mated as a civil decree passed in a money suit or in any other class suit. On the other hand, under no stretch of imagination it can be said that section 488 CrPC empowers a Magistrate to ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....his Case is also Reported in: 30 DLR (AD) (1978) 58. ......investigation. During investigation Mr. L. Kabir visited P. O. seized alamat items Nos.1 and 2, examined some witnesses. I also visited P.O. seized alamat and examined witness". 3. It is to be noted that the appellants are the two labourers engaged by Muraduzzaman. Muraduzzaman is the Governm..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......efore, unable to place reliance on the dakhilas Ext. 4 series filed by the plaintiffs." 14. The learned Additional District Judge on appeal also examined each of the Dakhilas, Ext. 4 series, and noted the fact of the double payment of the real for the year 1347 B.S. by Ext 4(c) and 4(d), the ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....der as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
.... shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......st Pakistan Finance Act 1967 (Act No.XVII of 1967) with effect from 1374 B.S. Respondent No.2, in reply to the appellant's letter asked the appellant to get all the payments of rent as claimed by him noted by Tahshilder on production of Chalans and to pay the subsequent dues upto 14-4-70 (i.e. upto ..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... and asked them as to why they were doing so. In that event appellant No.1 dealt him with a Chinese axe causing bloodily injury on his right jaw. He tried to resist the dacoits taking a shabol in his hand and could recognize one of them named Mokles. Their neighbor Yakub Ali Member made a blank fire...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....th University, which may be enforced and the Jagannath University authority has no legal duty for performance to that effect. 6. Mr. Rafique-ul-Huq, the learned Counsel instructed by Mr. Bivash Chandra Biswas, the learned Advocate-on-Record, appearing on behalf of the petitioners in Civil Petit......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....he same is liable to be set aside. 11. Mr. SM Shajahan Kabir, the learned Assistant Attorney General with Mr. Nusrat Alam Chisty, the learned Assistant Attorney General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, cor......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
.... this document, the defendant No. 1 appears to have signed in a different style. In Exhibit 3 series, the defendant No. 1 appears to have signed adopting both the styles, which appear to be of a same hand. Exhibit 3 (Ga) is another charge document signed by the defendant No. 1 while she was serving ......ment that she went to the Bank with her husband and on persuasion, she put her signatures on some documents. Obviously, those signed documents relate to her Bank account and loan. It is surprising to note that the defendant No. 1 did not also file any Criminal Case against anybody for the alleged fo..Category: Civil Law | Date: | Hits: 116
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....e breach of trust resulting in the acts of misappropriation, etc. as stated in sections 405 takes place at a later stage which attracts action under section 406 of the Penal Code. 14. On the other hand, the offence of "cheating" is committed at the initial stage, because of operation of the decep......site party No. 2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 3. Opposite party No. 1 FDC filed the above noted complaint case stating that on 25-7-1999 a contract was signed between FDC and a partnership f..Category: Criminal Law | Date: | Hits: 95
....s. Champat Singh, AIR 1970 SC 967; SL Kapoor Vs. Jagmohan, AIR 1981 SC 136; Klockner lndustries Vs. United Republic of Cameroon, (1986) XI Yearbook of Commercial Arbitration, 161; Nand Ram Vs. Fakir Chand, ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs. Environmental Engineers Ltd, ......ews as expressed in this opinion with my co-arbitrators before they signed their award which I did not have the opportunity to see before they were signed by them."
24. From the sequence of events noted above, it is apparent that the 3rd Arbitrator was not provided with any scope or opportunity t..
Category: Alternative Dispute Resolution | Date: | Hits: 385
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