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Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......s submission as an en­gaged Advocate for the accused petitioner. Such use of the expression "ex-judge or retired judge of this Court" in respect of person who is acting as an en­gaged advocate of a party brings this Court lower in the estimation of the public. Be that as it may, on 23.7.88 sample ..

Category: Criminal Law | Date: | Hits: 127

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... refers to section 27(b) of the Specific Relief Act 1877. It is clear from the plain reading of sub-section (b) that specific performance of contract may be enforced against a person claiming under a party to the contract by a title arising subsequently to the contract but it does not affect a trans..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......ed by obligation. A full-fledged contract comes into existence. Here the Govern­ment functions in the capacity as a trader e.g. an ordinary buyer, if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, but not by way of invoking the writ juris..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... virtue of s. 96(3). The recent decisions in 62 Cal. 229, as well as in 12 Pat. 359 also take the same view. That being so, I do not think that the Legislature in­tended to deprive the aggrieved party of the right of appeal against an order under Order 23, rule 3". In Damodar Prashad & o..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......der section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 1989 preferred by the opposite party from an order reject­ing an application filed under Order 47, rule 1 C.P.C. by the Election T..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......impugned Kabala registered on 17.6.72 gave rise to this present pre-emption case under sec­tion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that oppo­site party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.31..

Category: Property Law | Date: | Hits: 100

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......isposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chairman of the Lo­cal Union Parishad and his name was duly published in the official Gazette. The opposite party No.1 here­in filed Election Case No.1 of 1988 before the Elec­tion Tribunal, (Assistant Judg..

Category: Election Law | Date: | Hits: 192

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......7, rule 11 CPC. 2. The petitioners filed the application under Order 7, rule 11 CPC in the Court of Assistant Judge for rejecting the plaint of other Suit No.233 of 1988 instituted by the opposite party No.1 for declaration that the certificate of Registration No.1351 issued in favour of the T.K...

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......the evidence recorded by an Extra Constitutional Tribunal. But on such matters there cannot be any compromise between the parties and a Court of law constituted under the legal provisions cannot be a party to such a compromise. But here in this case the Divisional Special Judge became a party to the..

Category: Criminal Law | Date: | Hits: 98

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..

Category: Criminal Law | Date: | Hits: 97

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... been adopted in the Employment of Labour (Standing Orders) Act either expressly or by necessary implication these provision will not apply in respect of the complaint case. But he concedes that if a party does not appear before the Labour Court in spite of notice Labour Court cannot wait indefinite..

Category: Labour and Industrial Law | Date: | Hits: 177

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200...

Category: Criminal Law | Date: | Hits: 86

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......d the premises and they recovered licensed fire‑arms and ammunition from the house which they seized on the same day, that, is on 12‑10‑96. It is also the case of the petitioner that the search party failed to find out any unlicensed arms and ammunition from the premises. It is also the defini..

Category: Criminal Law | Date: | Hits: 89

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......oyalty to the existing members of the Parliament who elected them. This system, as it appears, instead of either helping the democratic process or upholding the dignity of the women, rather helps the party which is the majority in the Parliament, to increase its edge over the other parties at the co..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The short facts relevant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs instituted the aforesaid title sui..

Category: Civil Law | Date: | Hits: 154

Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)

.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..

Category: Criminal Law | Date: | Hits: 96

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......3 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......ch courts shall be written. (3) where this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......de of Civil Procedure inasmuch as the plaintiff respondent No.1 while filed the Other Suit being No.131 of 1982 on 21.11.1982 did not implead defendant No.4 in the said Title Suit No.131 of 1982 as a party nor brought the suit property in the hotchpot for adjudication in the said suit. Rather the pl..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......resent petitioner company filed contempt petition No.99 of 1997 against the subordinate Judge and the Branch Manager, Agrani Bank, Pabna and accordingly, Rule was issued upon them. But BSRS was not a party in the aforesaid Contempt Petition No.99 of 1997 subsequently, the BSRS Board in its 226th mee..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417