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Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ...... Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as lawful and that being the only vital reason shows by the Appellate Court, the impugned judgment is l..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......d the order dated 8-10-1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No9. 19 of 1987 (Annexure-A (1) should not be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mut..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......cost of the suit be decreed against defendant Nos.1-7 and in favour of him; (f) Any other further relief or reliefs be passed in favour of him and against defendants which he is entitled under the law and equity. 3. The plaintiffs case put in a nutshell are that defendant No.1 placed a purchas..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......became aggressive to each other which is spontaneous and sudden act done without any intention of causing death and as such the charge framed under section 302 of the Penal Code is not sustainable in law and as such the impugned order is liable to be set aside and that the learned Sessions Judge, Mo..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......its that the judgment of the trial Court below is shockingly perverse and illegal inasmuch as the said court determined issue No.1 on maintainability of the suit against the established principles of law that all the ejmali properties are to be brought into the Hotch potch of the suit which was corr..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......oceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in a maxim which means that when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......rd together we propose to dispose of the appeal first. 6. Mr. Mrinal Kanti Biswas, the learned Advocate appearing for the appellant submits that the instant suit is misconceived and not tenable in law inasmuch as the averments which have been made in the plaint of the present suit was exactly the..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ...... impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and showing the defenda..Category: Procedural Law | Date: | Hits: 69
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......€‘88 and on the same date he succumbed to his injury. He brought the death certificate Ext. 10. At the time of his death his name was not known but subsequently it was gathered from his mother‑in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......struction), RAJUK,Dhaka 5) Deputy Commissioner, Dhaka and Commissioner, Dhaka Metropolitan Police, Park Avenue, Dhaka should not be directed to take necessary and appropriate steps in accordance with law to demolish the BGMEA Building located at Hatir jheel, Dhaka, being an unauthorized construction..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......inciple of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error in law in finding that the pre-emption case is barred by principle of waiver, estoppel and acquiescence..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......y the said order the petitioner corporation has preferred the present provisional application. 8. Mr. Shahid Alam, the learned Advocate for the petitioner Submits that the Executing Court erred in law is not allowing the costs for advertisement for auction notice, published in the newspaper and t..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......n after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed by any law, the Court then would have no power to extend such period of time under the section. Similarly, ..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......there is prima facie case for going to trial………………………………..(10) When a naraji petiÂtion is filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......of the Code of Criminal Procedure. 4. On such submission, we have gone through the FIR and the police report filed today by the supÂplementary affidavit meticulously. It is settled prinÂciple of law and long standing practice that prayer for bail can be agitated at any time on different cause o..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......on under section 491 of the Code of Criminal Procedure. 15. The aforesaid section requires determinaÂtion as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determinatio..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......o.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......he State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charg..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....CB AMCL 1st NRB MF: 100 shares 3. AIMS 1st Mutual Fund: 5,000 shares 4. The Writ Petition is directed against the decision of Respondent No.1, Securities and Exchange Commission (in short, SEC) amending Rule 66 of the Securities and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the ......ecurities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, ..Category: Business or Commercial Law | Date: | Hits: 462
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