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Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....e Court shall proceed to collect the estate of such debtor and distribute it amongst the creditors in accordance with elaborate procedure as prescribed by the Act. 32. In the plaint of the suit at hand, it is clearly averred that the plaintiff has got a matured debt against the defendants of Taka......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......ld not have passed any direction upon the Election Commision to allow the writ petitioner to contest the election for the post of Councilor without hearing the Election Commission. It is important to note that the Election Commission has not taken any exception to the impugned order. This leave peti..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... 26-12-1995 and constructed a multistory building thereon. Subsequently, defendant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defe......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
....udgment
April 23, 2009.
Result:
The Rule is discharged.
Cases Referred to-
Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC) 260; Subhash Chandra Patiher Dr Vs. Leena Chakroborty, 1995 CrLJ 715 (Cal); Dulal Chandra Bhar Sukumar Banerjee, 1......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....tural land is governed by section 96 of the Act irrespective of the location of the land. 5. Mr. Hasan Foiz Siddiqui, the learned Advocate appearing for the pre-emptor opposite party, on the other hand, submits that it is now well settled that a homestead land situated in the rural area is govern......t applicable to riyats or under-raiyats, as the case may be.” 16. The term homestead is not used in that section as a generic term descriptive of a particular kind of land, but was intended to denote any land used by the raiyat of under-raiyat for residential purposes. The scheme of that sectio..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....m Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique wit......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... that those gold were recovered from the possession of the appellant and he brought the gold out of an Almirah. This witness also attested the seizure list. He further deposed that he was shown the hand bag from which the gold bars were recovered. This is the examination-in-chief of P.W.5. During ......see the baggage declaration form of the appellant and found that there is mention of an echolac bag in that form (which we find to be incorrect from a perusal of that form Ext.5 when only Hand bag is noted). P.W.2 M.S. Mollah found the Echolac bag heavy and he brought the matter to the notice of t..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....ies as undelivered. In the instant case there is nothing on the record to show that the defendants remitted the arrears rent within the time prescribed in section 18(5) of the Ordinance. On the other hand, as earlier indicated the rents for the months of March, 1971 to June, 1971 was deposited on 17......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....in law. In support of his contention he relies on the decision reported in AIR 1923 (All) 30. 7. Mr. M Enayetur Rahman, the learned Advocate appearing for the opposite party Nos. 1-9, on the other hand, submits that their father figured as defendant No.18 in the partition suit and he along with o......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....o give them employment. 5. The stand taken by the learned Deputy Attorney-General is not tenable in view of the fact that this is a mere statements made in the affidavit-in-opposition. But, on the hand, their names for employment in the services of the Republic have been registered by the Establi......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
....audulent and have been registered through impersonation.
Plaintiff examined himself and 3 others including the deed writer and a contiguous land owner of the suit land. The defendant, on the other hand, examined only 1 witness who was the VP Tahshilder.
5. Plaintiff’s witnesses have stated i...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... from respondents 6-10 assigned to various banks for collection in consideration of their granting overdraft and credit facilities is not liable to be attached. 6. Mr. Rafique-ul Huq, on the other hand, argued that the materials on record are sufficient for making the order under appeal in the ba......রঃ মাহবুবুর রহমান জারিকারক।” 9. Similarly, he submitted report of service of summons on the defendant 3 by keeping the same on the table with note “ভার প্রাপ্ত কর্মচারী” refused to accept the notice and..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....eported in 49 DLR 364 and Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrastha Dokandar Kalyan Samabaya Samity and others, reported in 53 DLR 220. 9. On the other hand, Mr. TH Khan, the learned Advocate appearing for the opposite parties, submitted in support of ...... for issuing temporary ad interim mandatory injunction upon the defendant-petitioners, but the Senior Assistant Judge rejected the said petition and also rejected the prayer of the plaintiffs to take notes of the resolution book and allowed the application for safe custody of those books filed by th..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
.... others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. State of Madhya Pradesh, AIR 1968 SC 1218; Pannalal Vs. Deputy Commissioner, Bhandara, (197......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....f Vs. Govt. of East Pakistan, 22 DLR (1970) 193; Hosne Ara Begum and others Vs. Montaj Ali and others, 55 DLR (AD) 20; Additional Deputy Commissioner, Revenue and Asstt. Custodian Vested Property, Chandpur Vs. Tafurnessa, wife of Ali Ahmed Mia and others, 41 DLR (AD) 124; Akitullah and others Vs. ......ed that it was not necessary to treat the property in question to be under any unauthorized possession of the petitioner and on that account the petitioner's eviction was avoided. It is surprising to note that only after four months on 22.7.77 another order was passed by Mr. S. Hossain Khan, Joint S..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....……………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Nair Vs. State of Kerala, 1961 Ker LT 110; State o......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... choose and as such there is discrimination and violation of equality clause embodied in the Constitution. 7. Further case of the petitioners are that the impugned Ordinance contains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commissio......f such enactment made the judiciary non functioning body and such enactment will cause and operate total disregard of Rule of law or concurrent with the judicial system of the country. 51. We also note that such enactment was made by the respondents by exercising power under Article 93 of the Con..Category: Constitutional Law | Date: | Hits: 264
....995 SC 410; State of Uttar Pradesh, AIR 1977 SC 1680 and Shah Jawaharlal Vs. Shah Chhagan Lal and others, AIR 1959 Rajasthan 197.
15. Mr. Abdul Wadud Bhuiyan, learned senior Advocate, on the other hand, submitted that as none of the issues raised in the present suit was ever adjudicated and final...... to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I‑ The expression former suit shall denote a suit which has been decided prior to the suit in question whether or not it was instituted pr..
Category: Civil Law | Date: | Hits: 92
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....o costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....Dr Golam Nabi and another reported in 3 BLT 1. 5. Mr. JK Pal, the learned advocate appearing with the learned advocate Mr. Surojit Bhattacharjee on behalf of the opposite party No. I oil the other hand, submits that prohibition of section 195(1)(c) of the Code of Criminal Procedure would not oper......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
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