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Displaying 1961-1980 of 3734 results.
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ...... their Lordships that no inherent power under section 151 CPC can be invoked to have the impugned order set aside and thereby to restore the appeal to its file and number. Thus I am bound to say that provisions of Or.41 rule 19 are exhaustive and that Order 41 rule 19 read with Article 186 of the Li..Category: Procedural Law | Date: | Hits: 74
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......e Local Government (Union Parishads) Ordinance, 1983 provides as follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable,..
Category: Election Law | Date: | Hits: 129
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ittagong was justified in directing the Deputy Commissioner of Taxes to treat the status of the Appellant company as "Non-Resident" since Article 4(3) of the Convention reads, "where by reason of the provisions of paragraph (1) of this Article a person other than an individual is a resident of both ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......ce No.54 of 1985, The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and the preamble of this Ordinance which runs a follows: "Whereas it is expedient to make certain supplementary provisions relating to abandoned buildings", that this Ordinance No.54 of 1985 was enacted as a s..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....section (3) of Section 4. In view of this admitted position of the case, the final decision regarding acquisition made by the Deputy Commissioner was also without jurisdiction. 16. Section 15 is a mandatory provision of law to be complied with by the requiring body before the acquiring authority ......roved the proposal of the Land Acquisition Officer under section 5 of the Ordinance by order dated 17th July, 1990. The earlier writ petitions were filed in 1992. In the premises, it is the unamended provisions of Section 12 would hold the field but the High Court Division wrongly considered the ame..Category: Property Law | Date: | Hits: 93
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......iminal Procedure and there is also no clear provision in the Criminal Law Amendment Act, 1958 regarding trial in absentia. However, sub-section (1A) of section 6 of the said Act provided that the provisions of Cr. P.C. shall, in so far as they are not inconsistent with this Act, apply. 10. Th..Category: Criminal Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......8 and 19 of the Act read as under‑ "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure to all original suits for the time being cog..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ...... Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 read with section 156 of the Customs Act. Therefore, the submission that as the allegations made in the FIR also attracted the provisions of Emergency Power Rules, the writ petitioner was compelled to make the writ petition w..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... Nisi on 15-5-2006. 2. The learned Advocate Mr. Md. Salauddin Dolon, appearing on behalf of the writ petition, at the time of hearing of the rule nisi, while taken this Court through the different provisions of the statute styled বগুড়া পল্লী উন্নয়ন একাডে..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....he judgments are not too satisfactory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determine a case finally, as the Appellate Court, shall have the same powers an......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......ng Court to proceed with the execution case in accordance with law with a further direction that if any valid compromise is effected between the parties that can be accepted on being satisfied as per provisions of law, and that if no valid compromise is effected, the executing Court will publish fre..Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......o interpret the word "স্বাধীন" or "independent" used in section 3(2) of the Act, to mean 'sovereignty' or "unaccountability" of the Commission and such absurdity would be clear from the provisions of section 31 of the ACC Act, 2004 that allows indemnity to the ACC and to its employees ..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... the jurisdiction to frame charge and accordingly he has framed charge under section 5(i)(d) and also under section 5(1)(e) both punishable under section 5(2) of Act II of 1947. 21. In view of the provisions of section 227 Cr.P.C. authorising the Court to alter or add any charge at any stage befo..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......esh poll by the impugned order, the legality of which is now being challenged before us. 4. Dr. Rafiqur Rahman, the learned advocate appearing for the petitioner, has taken us through the relevant provisions of the Local Government (Union Parishad) Ordinance, 1983 and the rules framed thereunder...Category: Election Law | Date: | Hits: 122
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....offence of rape. He next submits that neither the victim nor the Doctor was examined by the prosecution. He then submits that the convict-petitioners were tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathicall......5 of the Code of Criminal Procedure, which runs as follows: Section 5. (1) "All offences under the Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained". Section 5. (2) "All offences under any other law shall be inve..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ....... 5. Being aggrieved the defendant-respondent moved the High Court Division in Civil Revision No.1490 of 2006 and the High Court Division on detailed discussions on the materials on record and the provisions of Order XLI Rule 31 of the Code of Civil Procedure set aside the decree passed by the ap..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......rplus employees of DESA the DPDC started appointing outsiders and faced with such situation the petitioners along others submitted separate representations for their absorption in accordance with the provisions of Dhaka Electric Supply Authority (Amendment) Ordinance, 2008 and there belts no favoura..
Category: Employment/Service Law | Date: | Hits: 62
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......house of the petitioner but in order to implicate the petitioner falsely the Mirpur Police Station Case No.34(3) of 2007 was lodged." The learned Judges of the High Court Division considered relevant provisions of the Arms Act noticed "In view the aforesaid provision, it appears that the defence cas..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......discovered on 26.10.82, was well beyond the 2 (two) years limitation period, prescribed by Article 36 of- the Limitation Act, 1908. Therefore, in the facts and circumstances of the case vis-a-vis the provisions of Article 36 of the Limitation Act, 1908, we are of the view that the suit is barred by ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... ‘‘It is true that in ordinary circumstances the effect of abatement should not be allowed to be got over by securing an addition of the parties. If the same would be freely permissible then the provisions of Order 22 of the Code of Civil Procedure would be rendered nugatory. This, however, did..Category: Civil Law | Date: | Hits: 93
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