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..... Section 4 is a Savings clause and the meaning of this section is that if anything in the Code is in conflict with the special law, the Court shall not over-ride the inconsistent provision or in the alternative, section 4 does not bar the applicability of the Code where the special law is silent. T......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
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Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... Bhuiyan submits that no fraudulent intention from any corner in releasing the property found in the record. Mr. Bhuiyan further submits that although no formal application has been exhibited showing prayer for releasing the property which was sold by the defendant No.2 to the plaintiffs after the p..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... and 17-7-1994 convict-appellant did not make himself available before Tribunal and prayed for time. On 18-9-1994 convict-appellant made himself available before the Court. On 30-11-1994 and 4-2-1995 prayer for time had been filed before Tribunal on behalf of convict-appellant for his presence. Time..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......ic meter per month at a gas flow pressure of 5 PSIG instead of load of 26715.31 cubic metre per month at the gas pressure of 8 PSIG. 11. It appears from the record that the trial Court refused the prayer of the plaintiff for a direction upon the Titas Gas to prepare the bills at a load of 13357.6..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......er the question. In the case of MA Malik, the Appellate Division has held- “In view of the clear proviso to section 42 of the Specific Relief Act there is no hesitation in saying that without prayer for consequence relief such suit should not be maintained.” 23. The suit was brought for..Category: Property Law | Date: | Hits: 75
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......show cause as to why the proceedings of the assessment and the notice asking him not to travel outside the country should not be said to have been taken and passed without lawful authority and on the prayer of the learned Counsel for the petitioner that the petitioner has an urgent business in USA a..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... to be misconceived. Mr. Bhuiyan submits in reply that seeing the advertisement, the suit was filed and injunction was prayed for. Remedies under section 15 of the Act cannot be supposed either to be alternative nor are the provisions of section 73 of the Act made subject to the section. 14. Sect......hid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the sui..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......mance of contract but also prayed for declaration that the property was not an abandoned property. But from the judgment of the appellate Court it appears that the petitioner abandoned the subsequent prayer and during the pendency of the suit filed a case before the Court of Settlement.
11. As to..
Category: Property Law | Date: | Hits: 103
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......ication No.58 of 1998. Accordingly, the application for condonation of delay is rejected. There will be no order as to cost. 11. At this stage the learned Advocate for the petitioner makes a prayer for giving a certificate under section 162 of the Ordinance for filing an appeal before the A..Category: Fiscal/Taxation Law | Date: | Hits: 108
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......the petitioners appeared before the Prescribed Authority in the Ministry for hearing on 31-5-1998 but the said authority cursorily heard the petitioners and others without going into details of their prayer in presence of the respondent No.4. Thereafter, Mr. Ahmed refers to us Annexures-O and O-1 of..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....not be cancelled under Section 9 of the Construction Act within seven days from the date of receipt of the notice. 18. As the petitioners failed to show any cause, the RAJUK was left with no other alternative but to cancel the sanction by its decision dated 21-06-99. The petitioner was accordingl...... writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holding No.113-116, Old Airport Road, Tejgaon, Dhaka. On their prayer, the Rajdhani Unnayan Kartripakkha, RAJUK, accorded them a sanction for construction of a 22 ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... satisfied as to the necessity of the impugned detention, the learned Deputy Attorney General prayed for time for filing a supplementary affidavit containing the required particulars and the said prayer was granted of Article 33 of the Constitution have been strictly complied with and that there..Category: Constitutional Law | Date: | Hits: 291
....re the writ Court by the concerned Ministry of the government it cannot be said that the interest of the review petitioners has been affected by the judgment under review. It is also contended in the alternative that to allow the review petition would mean to allow another opportunity for rehearing ...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
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Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ond the expiration of the original limitation period, cannot revive the recoverability of a time barred debt. Simultaneously, he also brought into the scenario section 25(3) of the Contract Act as an alternative submission, making a tirade effort to sway us to accept that in any event the said secti...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......he relies on the decision reported in 43 DLR 512 and 3 BLC 35. Learned Advocate refers to order dated 17‑12‑92 of Magistrate court's record and shows that prosecution filed two petitions one with prayer for recording statements under section 164 Cr.P.C. of accused Sahabuddin and Alam Kabiraj and..Category: Criminal Law | Date: | Hits: 42
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....It is stated that due to non compliance of the terms and conditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants finding no other alternative filed an application to the respondent-opposite party No. 1, the Deputy Commissioner, Dh......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......of that report, the compliant made an application to the Magistrate for taking cognizance against the petitioners who conjointly and collusively committed the offence but the Magistrate rejected that prayer by his order dated 15-9-93. The complaint thus, preferred a revision before the Sessions Judg..Category: Criminal Law | Date: | Hits: 43
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ...... monthly pay orders were sent to the Madrasha but were not signed deliberately by the respondent No.1 and consequently, the allowances could not be collected and paid to them. 4. On 13-7-99 on the prayer of the petitioners respondent No.5 Bangladesh, represented by the Secretary Ministry of Educa..Category: Employment/Service Law | Date: | Hits: 84
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......ent will commence on to day i.e. 25th January, 2009. The learned Counsel further submitted that the petitioner will not misuse the privilege of bail, if granted. Considering the circumstances, the prayer for bail is allowed. The petitioner, Habibur Rahman Mollah, is enlarged on bail to the sat..Category: Anti-Corruption Laws | Date: | Hits: 120
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......of Other Class Suit No.27 of 2008 pending in the Court of Joint District Judge, 2nd Court, Mymensingh. The learned Senior Assistant Judge, Sadar, Mymensingh by order dated 20th May, 2009 rejected the prayer for stay. The petitioners then unsuccessfully moved the District Judge, Mymensingh in a revis..Category: Property Law | Date: | Hits: 89
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