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Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....stituencies Ordinance, 1976. Further, it is stated that the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....ginal Decree No.45 of 1977. Judgment Ranadhir Sen J.- This appeal at the instance of the plaintiffs is directed against a Judgment and decree of the learned Subordinate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint belon......ntiffs are out of possession of the disputed properties and as such this suit for simple partition without prayer for declaration of title and recovery of khas possession of their share and without payment of ad valorem Court fee is riot maintainable." The learned Subordinate Judge was further ......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....ble family background and they never indulged in any untoward activities and were never involved in the incident in any manner. The order of expulsion for ever manifests the acts of revenge on the part of the college authority and has been taken in violation of the right guarantied to them as ci...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....rney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits against defendant‑opposite party Agrani Bank claiming the principal sum due on three fixed deposits kept with the bank together......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ..Category: Civil Law | Date: | Hits: 87
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....y Chowdhury, Ajit Kumar Roy Chowdhury and wife Soundamoni Roy Chowdhury as his heirs. Elder son Sukendu Roy Chowdhury inherited 303/4 decimals of land in CS Plot No.400 and SA Plot No.573 of the said partition suit along with other lands. Said Sukendu Roy Chowdhury died leaving 3 sons Anup Roy Chowd......shing the proprietary right in the suit land declaring the same as Khas land, onus lies on the defendants to prove that the original raiyats abandoned the suit land without making any arrangement for payment of rent as it falls due. In this regard, he referred to the case of Gita Rani Vs. Bangladesh...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ourse of business and claimed the amount on the basis of the agreement made at the time of issuing the sanction letters. He, however, submits that during pendency of the Certificate proceeding, the parties came to an agreement fixing Tk.75, 00,000/- only as the dues of the Bank. He further submi......Policy declared by the Government. 4. The petitioner then made necessary changes for manufacturing new medicines permissible under the drug policy and applied to the Bank for restructuring the repayment schedule, which was to commence from December, 1986. But to its utter surprise it receiv......nk (hereinafter mentioned as Bank) for financial assistance for modernisation of the factory. In February, 1978, the Bank having found the project economically viable, sanctioned a foreign currency loan equivalent to Tk. 10,65,000/- and local currency loan of Tk.7, 00,000/-. The terms and condit..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....stituted a suit being Title Suit No.173 of 1983 in the Court of Munsif, now Assistant Judge, Kumarkhali Upazila in the district of Kushtia for setting aside an allegedly fraudulent and collusive ex parte decree passed against them on 27.8.79 in Title Suit No.436 of 1973 of the First Court of Munsi......round that it is barred by res judicata in view of the pendency of the Misc. Case No.41 of 1980 for setting aside the ex parte decree and also on the ground of incorrect valuation of the suit and non-payment of proper and sufficient Court fees. 5. This application came up for hearing on 12.1.84. ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
.... of dowry, Mr. Mamun submits that from the medical report of course the injuries as found on the body of the victim apparently appear to be simple but from careful. scrutiny of the post mortem report particularly the report on dissection of the dead body of the victim woman as detected by the doctor......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......t holding including suit land in favour of Darika Nath, father of the plaintiff, refusing to pay arrear rent as debt. Consequently, the debt settlement Board gave an award in favour of Darika Nath on payment of the debt by him alone which was subsequently registered with the local sub-registrar Offi......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....dge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff instituted the suit against the opposite parties as defendants for ejectment, realisation of arrear rent and for compensation in the sai......nal written statements. Their case, inter alia, is that there was oral agreement with the former Mutwalli Mvi. Rahmatullah to pay the annual rent by instalment and there was no agreement with him for payment of rent within the month for which the rent was due. The defendants offered rent to the plai......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....Siddiqui, Advocates- For the Opposite Party. Civil Revision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellane......the opposite party-Bank filed an application under Article 33 of Bangladesh Shilpa Bank Order of 1972 (President's Order No.129 of 1972) on 12.8.85 being Miscellaneous Case No.66 of 1985 claiming payment of Tk.2,23,62,578.00 from the petitioner arising out of the same loan. 4. The petitioner ...... devaluation in the Foreign Currency Loan Account and prayed for injunction from realising Tk.1,10,45, 529/00 from the petitioner and also prayed that the calculation of the Shilpa Bank of the said loan amount be reduced accordingly and a decree be passed for recovery of Tk. 19.38,963.66 against t..Category: Civil Law | Date: | Hits: 119
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....d Mizanur Rahman, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.13163 of 2003. Judgment Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon the opposite part......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....signed on 26‑1‑1989) passed by the Senior Assistant Judge, Sadar Upazila, District Rajshahi in the other class suit No.233 of 1986 dismissing the suit on contest without costs. 2. The opposite party herein as plaintiff instituted the instant suit being other class suit No.133 of 1986 in the C......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....the appellate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed by the Subordinate Ju......tled to get her whole of the unpaid dower, both prompt and deferred. Section 336(2) of Mulla's Mohamedan Law runs as follows:— "If the marriage was consummated, the wife is entitled to immediate payment of the whole of the unpaid dower, both prompt and deferred. If the marriage was not consu......at Taka 80,000 from where defendant paid Taka 21,000 by ornaments at the time of marriage ceremony and they have two sons out of their wedlock. Further case of the plaintiff is that, defendant took a loan of Taka 5,000 for the purpose of his business from her father and thereafter he demanded loan o..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....e……………….Petitioner Vs. Eliadah McCord………………Opposite [Criminal Miscellaneous Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen K......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....ming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emptio......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....ul Hoque Chowdhury J Abdul Bari Sarker J Makbul Ali & others……………………………………Petitioner Vs. Manwara Begum & others…………………………Opposite-parties Judgment January 15, 1987. Result: The Rule is made absolute. Lawyers Involv......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....fizur Rahman Vs. The State, 1985 BLD 335, wherein his Lordship Mr. Justice Md. Altaf Hossain J, held as follows:- "Section 3 is subject to section 5. Section 5 has not been affected by the second part of sub-section (2) of section 29. It follows that the power of the Court to admit an appeal eve......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..Category: Limitation Law | Date: | Hits: 222
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....ilicus by sharp cutting weapon measuring about 8" X 6" abdominal cavity deep. The lower cut portion of the body a gain separated by one incised wound around the whole circumference of the upper part of the left leg causing complete separation of soft tissues and bones of the leg. Tibia and Fib......rsons at the rate of Taka 500.00 per person for dispatching Biraja and her 5 children to India and that he agreed to the proposal. He collected accused Sobhan, Khelu, Dhanu, Farid and Aziz in lieu of payment of Taka 500.00 to each of them. At 12 mid‑night he along with accused Tajul, Habib, Abul H...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139