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Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......nown as Paras, namely (i) Purbapara also known as Porbatpura/Porbatpur, (ii) Majeirpara or Agpoud and (iii) Pashchim Para or Kuwor Poud. The plaintiff in the first part of 1979 came to know that some interested persons of Purbapara got change in the names and address of the recorded tenants in the K..

Category: Property Law | Date: | Hits: 27

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......of the C.S. Khatian exhibited by the plaintiffs and the corre­sponding original C.S. Khatian filed by the defendants held that the C.S. Khatians did not indicate that Ashutosh Banarjee held superior interest in the suit land and disbe­lieved Kalai's acquisition of title and these being findings of..

Category: Property Law | Date: | Hits: 30

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ......inate to it. Article 112 requires all authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court. Independence of the Judiciary must be understood not for any personal interest of the Judges but for the administration of justice without fear and favour to any party to..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......sed the suit property; that the deed of sale alleged to have been executed and registered by Rahim Baksh is a forge and fabricated documents; that defendant No.1 has not acquired any right, title and interest in the suit property on the basis of the said deed; that the plaintiffs acquired valid righ..

Category: Property Law | Date: | Hits: 32

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819.......he said Title Suit No. 219 of 1987 against Sufia Re-Rolling & Steel Mills Ltd. and its directors for realiyation of loan and that suit was ultimately decreed for an amount of Tk.75,06,904.69 with interest at the rate of 18% from the date of filing of the suit till the date of passing of the decr..

Category: Civil Law | Date: | Hits: 75

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... petitioners and others were acquired by the Government of Bangladesh/respondent Nos.6, 8 on behalf of Sylhet Gas Fields Ltd. under the aforesaid Ordinance. The petitioners and others for the greater interest of the country and the people did not raise any objection to such acquisition. Accordingly,..

Category: Property Law | Date: | Hits: 25

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......tion of the applications and objections took the view that the uncles who challenged the gift of the property by late Zahirul Islam in favour of his minor daughter in civil suits cannot think for the interest of the minor, which was proved by documents. In such view of the matter, the learned Assist..

Category: Family Law | Date: | Hits: 179

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494....... Subordinate Judge (respondent No.4 his judgment and decree dated 16-4-1990 (Annexures D and F to the Writ petition) passed in Money Suit No. 2 of 1989 to respondent No. 2 to recover Taka 16,000 with interest from 19-4-1989 from the writ petitioner. 2. Facts leading to the issuance of the Rule, i..

Category: Civil Law | Date: | Hits: 76

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......ction 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Division erred:- (i) in not finding any over-riding public interest without adverting to any reason or ground therefor; (ii) in not considering whether the Gov..

Category: Property Law | Date: | Hits: 28

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......fendant Nos. 2 and 1 were merely the communicating authorities. In reply to the alle­gations of mala fide he argues that the termination orders were not passed with any bad motive but to protect the interest of the community as a whole in maintaining the country's economy which was so es­sential t..

Category: Employment/Service Law | Date: | Hits: 76

Angur Vs. State, 1988, 17 CLC (HCD)

....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......over to give him tender of pardon during the trial of the case. Therefore, I, pray that accd. Angur may kind­ly be treated as an approver u/s. 337 Cr.P.C. tender of pardon may be given to him for interest of the case. Y.O.S. Sd. Illegible 3.12.80 (N.R. Khan) Assistant Supdt. Of P..

Category: Criminal Law | Date: | Hits: 42

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......ooting as that of a borrower having taken loan but not repaid the same within the time allowed by the Bank. That such a person cannot be allowed to stay on in the office of the Chairman in the public interest. Doctor Hossain also argues that the obligation of a guarantor is co­extensive with that o..

Category: Election Law | Date: | Hits: 104

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458........ Although in its written statement, the defendant No. 1 admitted the loan but made a counter-claim of Taka 17,71,100 towards his loss of wheat pledged with the bank, yearly rentals of the godown and interest in its written statements dated 5-9-1990. 3. The learned Subordinate Judge of the Artha ..

Category: Civil Law | Date: | Hits: 79

Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)

....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457....... for the alleged bias. The transfer of a case from one district to another district is a matter of grave consequences and such an order for transfer can be made only when it becomes imperative in the interest of justice, clearly dictated by exigency. Ordinarily every case must be tried and disposed ..

Category: Procedural Law | Date: | Hits: 61

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......der the said deed and the plaintiffs migrated to Pakistan in the month of August, 1963 and since then they have been possessing the ‘A’ scheduled properties and made improvement of the same. Some interested persons after the departure of its Hindu owners managed to publish the notification in qu..

Category: Property Law | Date: | Hits: 23

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430....... uncalled for as none of the ingredients of section 10(1) attracts in the instant case. 18. It appears that the petitioner trade union got its registration in the year 1971 when the predecessor-in-interest of the respondent No.4, namely, Pakistan Atomic Energy Commission as was in existence in th..

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ioned that the allegations of evading taxes and on preliminary investigation prima facie case was established and as such, the petitioner was asked to pay taka 1,00,50,799 and in order to protect the interest government the licence was temporarily suspended as the allegation was of grave nature. ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......urther contends that it is well settled in a number of decisions of our court and some other Courts of the Subcontinent that formal defect or mistake should be given a wide and liberal meaning in the interest of justice which will have no bearing on the merit of the case. He also contends in this co..

Category: Procedural Law | Date: | Hits: 83

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......nd decrees passed by the learned Subordinate Judge, 1st Court, Chittagong. 9. Being aggrieved by the aforesaid impugned judgment and decrees dated 28-9-1983, Osi Meah Sawdagor, the predecessor-in-interest of the present petitioners, moved this Court and obtained the present Rules. 10. In view..

Category: Civil Law | Date: | Hits: 69

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......tending facts and circumstances of the case it was so that the authority could be satisfied that a person should be detained in order to make him inactive or rather neutralised so that greater public interest can be ensured.” We also like to quote another paragraph from this judgment which is a..

Category: Criminal Law | Date: | Hits: 60