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Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....he propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, Chittagong ......tes - For the Opposite Party. Civil Revision No.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the petitioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the High Court Division in Writ Petition No.4070 of 2008 preferred Civil Pe......sfer of Property Act presupposes an urban character and that the place of deposit of title deed should be a urban area and such a position according to Mr. Bhuiyan has been fortified by very many decisions. 11. It is also argued by Mr. Bhuiyan that plain reading of the provision of law also g..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....essions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under section 302 of the Penal Code in Sessions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of co......atement of his mother Ext.2 it is not admissible in evidence and as such the learned Sessions Judge has committed an error of law in admitting the same into evidence and relying upon the same for his decision. As to the recovery and seizure of the sari and the sponge sandal it is quite improbable th..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....,55,000/-. The defendants did not receive the same and asked the plaintiffs to pay the entire amount at a time. The defendants assured the plaintiffs of the execution of the partnership deed on the date of full payment of the balance amount at a time. The plaintiffs obtained the Income Tax clear......is concluded when in the minds of each contracting party there is consensus ad idem and a modification or revocation of the contract requires a like consensus." Thus we find from the Privy Council decision in AIR 1925 PC 232 that unless the minds of the contracting parties meet or concur there ca..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....r’ or ‘workman’, as is contemplated in section 2(XXVIII) of the said Ordinance. Ultimately, the said Labour Court on consideration of the materials on record, by the impugned judgment and order dated 10-11-85 dismissed that case holding, that the petitioner being an Assistant Teacher of the Cr...... For the Respondent No.2. Writ Petition No.35 of 1986. Judgment Md. Abdur Rouf J. - The petitioner obtained this Rule Nisi on 22-1-86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be ..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wh......impugned judgment and order dated 25-2-95 and, as such, the Court below has committed an error of law in impleading the 3rd party as defendant No.3 in the suit and thereby resulted in an error in the decision occasioning failure of justice. The learned Advocate further submits that in a suit for spe..Category: Procedural Law | Date: | Hits: 121
....the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate)......bmitted the Rule of Corporation to show that the petitioner is not a Worker as defined under the Standing Orders Act. On the other hand, the learned Counsel for the petitioner has referred to certain decisions and the nature of his work which shows that he was in fact a worker and not an employer an..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
.... and the opposite party Nos. 2 to 4. Ultimately the Court passed an order under section 20(1) of the Arbitration Act, 1940 appointing Mr. Saifuddin, retired Engineer, PWD, as sole Arbitrator by order dated 6-5-1996 and directed the said Arbitrator to submit the award before 30-7-1996. On receipt of ......e arbitration agreement by section 33 of the Act and the non compliance with section 14(1) and (2) also renders the instant award a nullity. Mr. Rais Uddin, in this connection relied on an unreported decision of this Court given in the case of Chief Engineer, Roads and Highway, Government of the Peo..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
.....2266 of 1991 with Criminal Appeal No.2229 of 1991. Judgment Md. Abdul Karim J.- Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convicting a......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ate — For the Opposite Parties. Civil Revision No.3018 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule has been issued, at the instance of the defendants against the judgment and decree dated 17-7-94 passed in Other Appeal 136 of 1990 by the Additional District Judge, Cox’s Bazar, al......nnection section 81B of the East Bengal State Acquisition and Tenancy Act, 1950, may be referred to.” The learned Counsel also reads clause 14 of the memorandum as to implementing the Government decision in case of settlement to be made on the basis of said GO. 18. My considered opinion is t..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
...., 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment and order dated 1-12-92 learned Sessions Judge convicted Humayun under section 302 of the Penal Code and sente......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....nts. Writ Petition No.690 of 1987. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Gazette Notification No.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Ann......of correction or amendment of the previous Gazette Notification by a subsequent Gazette Notification has been provided therein. The learned Deputy Attorney-General failed to cite before us any law or decision that the Government can correct a wrong by making a Gazette Notification subsequently. 1..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....krabarty, Advocate — For Opposite Party Nos.1 and 2. Civil Revision No.1808 of 1997. Judgment Md. Fazal Karim J.- This Rule, at the instance of the plaintiff is directed against Order No.2 dated 17-11-96 in Other Suit No.146 of 1996 passed by Senior Assistant Judge. Acting Judge of the Fi......e disposal of the suit between the decree holder and the judgment debtor of the former suit. It is nowhere provided that it is only the Executing Court which can stay.” 6. But from the aforesaid decision it is seen that the Executing Court can stay only due to the provisions made in sections 37..Category: Procedural Law | Date: | Hits: 178
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....e Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellan......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....fiullah, Advocates — For the Respondents.
First Appeal No.77 of 1988.
Judgment
Md. Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for spe......d, in that view of the matter, the trial Court committed an error of law in not refusing the equitable relief of specific performance of contract Mr. Farooqui has, in this connection, referred to the decision in the case of Md. Latifur Rahman Vs. Golam Ahmed Shah, 39 DLR (AD) 242, where specific per..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....ty Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad Ansar Ali J.- These two Rules arise out of the same and one order, namely, Order No.55G dated 19.5.87 passed by the learned District Judge, Bogra by which about 364 (three hundred and sixt...... disposed of in the same Court where they are pending as if the Ordinance had not come into force and as such the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice by passing the impugned order of transfer of the pending sui..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....ment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh had a chequered career. 2. The petitioner along with 5 other candidates was a contestant in the election of Chairman of Chapair Union Parishad, Upazila Kaliakair, Dis......nce of a report sent by the Deputy Commissioner (Annexures B and B1). 4. Thereafter the respondent No.4 filed an application before the Election Commission on 17.7.88 praying for a review of the decision of the Election Commission dated 18.6.88. The Election Commission notified the petitioner a..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....8. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....Revision No.392 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This is an application by six accused petitioners for issuing a Rule upon the respondents to show cause why the order dated 14.3.88 passed by the Sessions Judge, Shariatptur in Criminal Misc. Case No. 90 of 1987 arisin......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....ellant. P.C. Guha with Md. Mustafa, Advocates—For the Respondent No.1. First Appeal No. 48 of 1974. Judgment Qazi Shafiuddin J. - This appeal is directed against the judgment and decree dated 7.10.72 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34 of 196......ans of undue influence is not sustainable in law. Mr. Sobhan further argues that the learned Judge has not taken into proper consideration the evidence on record and thereby arrived at an erroneous decision which needs be set aside. 6. Let us see whether the points raised by Mr. Sobhan, the lea..Category: Property Law | Date: | Hits: 152
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