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Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......ssed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Title Suit No. 276 of 2003 in the Second Court of Senior..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......ated 4-9-01 passed by the Subordinate Judge, Court No. 1 at Rajbari in Title Suit No. 23 of 1995. 2. The plaintiffs instituted the suit for partition. Defendant Nos. 1 to 8 and 30 who are opposite party Nos. 1 to 9 herein contested the suit by filing a joint written statement. The suit was decree..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
.... (b) Was the suit barred by principles of lis pendens under section 52 of Transfer of Property Act? (c) Was the suit barred by section 42 of the Specific Relief Act? (d) Was the suit bad for defect of parties? (e) Whether the plaintiff was entitled to the relief as prayed for? and (f)...... to know that defendant No.1 company obtained aforesaid ex-parte decree dated 30-7-95 in Other Suit No. 151 of 1992. The plaintiff had no knowledge about the suit nor did said defendant No.1 make him party in the suit. 7. The decree was therefore, collusive, fraudulent and obtained behind the bac..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......t Class, "Kha Anchal" Magura, should not be transferred to any other competent Court of other Sessions Division. 2. The relevant facts giving rise to the issuance of the Rule are that the opposite party No. 2 Md. Meshab Uddin Kayes, being complainant, filed above mentioned complaint case before t..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......of partition are not entitled to part possession of the suit property. 34. Mr. Shafique Ahmed learned Senior Advocate on behalf of Luna and Dana Rahman, submitted that the onus was always upon the party who claimed Mukhlesur Rahman acquired the property in the 'Benami' which it miserably failed t..Category: Property Law | Date: | Hits: 139
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......e of the chest of deceased Amzad causing fatal injury. The deceased fell do.wn on the ground when the assailant started fleeing towards the east from the place of occurrence and the informant and his party chased him but he could not be apprehended because it was dark. The victim was then taken to S..Category: Criminal Law | Date: | Hits: 49
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement. 5. According to the terms of t..Category: Information Technology Law | Date: | Hits: 321
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......4 BS Md. Haja Mondal executed and registered a kabuliyat in favour of the Landlord. During Revisional Settlement Operation, the suit land was wrongly recorded in the name of the ex-landlord, opposite party No.2. The title of the petitioners’ predecessor having been clouded on account of the said w..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496....... be taken away from him unless he voluntarily renounces it or is guilty of some conduct involving loss of citizenship. Thus, onus of proving that a citizen of India has lost his citizenship is on the party seeking to deprive him of his rights as a citizen.” 23. The right of citizenship acquired..Category: Immigration and Citizenship Law | Date: | Hits: 190
....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.
......reversing that dated 24-2-97 of the Deputy Commissioner, Rangamati Hill District in Civil Suit No.17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directo..
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.......tiffs in auction of their suit land and as they were not made parties in the auction proceedings of OD case No.21 of 1955-56, the provision of section 37 of the PDR Act does not or civil suit and the party affected by auction sale can take shelter of the Civil Court under the aforesaid provisions of..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....bunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgment a nullity and without jurisdiction. The defect, if any, is a procedural and technical one not affecting the merit of the decision of the cas......ice personnels stand in witness box. This reality cannot be overlooked. Testimonies of police witnesses cannot be rejected on the ground that they are police witnesses and were members of the raiding party. . . The Court as a rule of prudence and caution and in order to exclude every possibility of ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....ive but have no substance. 18. Mr. Mainul Hosein drew my attention, to the situation now the Titas Gas is facing in hundreds of cases all over the country filed on flimsy grounds of meter reading, defective meter, billing, gas pressure, etc. In most cases, after obtaining prohibitory injunction, ...... were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit being Title Suit No.90 of 2000 in the 2nd Court of Assista..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......hrul for recording their confessional statement under section 164 of the Code of Criminal Procedure. He denied suggestion that he submitted false charge-sheet after being gained over by the informant party. 20. Mr. MA Quddus, the learned Advocate for the appellant submits that there has been depa..Category: Criminal Law | Date: | Hits: 35
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....... He cites the decision in the case of Haider Ali Vs. the State, 47 DLR (AD) 46 and that of Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493. 9. Mr. Garib Newaz, learned Advocate for opposite party No.1 (defendant No.1) submits that the suit as framed is not maintainable under the proviso to..Category: Property Law | Date: | Hits: 75
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... judgment in Series 5 Software Vs. Clark, 1996(1) All ER 853 (Ch D). The learned Judge observed that in American Cyanamid, Lord Diplock did not lay down that the relative strength of the case of each party need not be gone into. In India, the Supreme Court of India in Colgate Palmolive (India) Ltd. ..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.
......only if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the abs..
Category: Property Law | Date: | Hits: 103
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......Petitioners. Not represented-the Respondents. Criminal Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to why the order dated 25-5-2000 passed by the learned S..Category: Criminal Law | Date: | Hits: 43
....nt being aggrieved by the aforesaid order of the Taxes Appellate Tribunal filed this Reference application for answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting employed and the accounts maintained by the applicant there was a......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......takes of a quasi-judicial complexion and that in exercising the power to cancel sanction the authority must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party and decide the matter consistent with the principles of natural justice. 86. In the light o..Category: Property Law | Date: | Hits: 125
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