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Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ...... solely on the satisfaction of the President. He further submitted that Article 9 of the Constitution does not impose mandate which is only an enabling provision and that Article 59 and 60 have no application to the present case as the abolished Upazila Parishads were not administrative units. H..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....riate prayer disclosing appropriate cause of action. 25. In the result, this application for return of the plaint is allowed. Let the plaint be returned to the plaintiff with a liberty to file it afresh in an appropriate forum disclosing appropriate cause of action and with appropriate prayer. Th......Present: Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ...... Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jalil J.- This Rule was issued on an application filed by one Faisal Mahbub, son of the detenu Mahbubur Rahman, calling upon the responde..Category: Criminal Law | Date: | Hits: 81
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......de the judgment and decree of the trial court and decreeing the suit of the plaintiff. 6. Being aggrieved by the judgment of the appellate court the defendant filed the above mentioned revisionsal application before the High Court Division and the High Court Division, on hearing both the parties,..Category: Property Law | Date: | Hits: 74
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......8 BLD, 412 that since the weapon is recovered at the instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of the learned Si..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330....... any error of law resulting in an error in the decision occasioning failure of justice being committed by the court below in making the award Rule of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......r claims on false and fabricated documents. 4. It appears that the defendant petitioners filed written statement in the suit on 5-5-87. Therefore on 15-6-87 the plaintiff opposite parties filed an application for leave to deliver interrogatories upon the defendant petitioners, following which the..Category: Property Law | Date: | Hits: 108
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......d. Nurul Islam J Salahuddin (Md.) & others…………………………Petitioners Vs. State………………………Opposite Party Judgment August 19, 1997. Result: The application is summarily rejected. Lawyers Involved: Sheikh Atiar Rahman, Advocate- For the Pe..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......osna Jahan (Munna)…………………Defendant-Petitioner. Vs. Md. Shajahan (Shaju) and others…………………Plaintiff-Opposite Parties. Judgment April 2, 1998. Result: The application is rejected. Lawyers Involved: Syed Mahmud Hossain, Advocate - For the Petitioner..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......(Civil) Present: Kazi AT Manowaruddin J Chan Mia (Md.)…………………..Petitioner Vs. Rupnahar…………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....le Appeal No.29 of 1990. 5. The learned appellate Court after hearing the appeal set aside the judgment and decree passed by the trial Court and sent the case back on remand to the trial Court for fresh hearing in accord with law. Thereafter the plaintiffs examined 4 witnesses on 9-11-94 in the a......ecree on 14-11-94, following which the plaintiffs started Title Execution Case No.5 of 1995 and obtained delivery of possession through Court. 6. Thereafter the defendant opposite parties filed an application under Order 9 rule XIII of the Code of Civil Procedure for setting aside the ex parte de..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ng upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The case of the plaintiffs, as it appears by a reading of this application and the counter affidavit of the defendant opposite parties and the impugned judgment of..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....ts Collector of Customs found no merit to rely upon the same in passing the impugned order dated 3.9.55 we fail to understand how the civil Court acquired jurisdiction to decide the very same matter afresh. 21. When an administrative authority or statutory tribunal is vested with jurisdiction to ......intiff's reply dated 7.2.55 Ext. D that the plaintiff gave detailed explanation of his possession of the seized 12 items of goods enclosing copies of 38 receipts and vouchers. It also appears from an application and a statement dated 5.5.55, submitted to the Collector of Central Excise and Land Cust..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed by the informant by filing affidavit-in-opposition and supplementary Affidavit-in-Opposition. In reply thereto petitioners have also filed a supplementary affidavit. Informant had earlier filed an application supported by an affidavit for adding him as a party. In reply thereto petitioner filed a..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....hension of fact, with a cost of Taka 2500.00 to the respondents instead of allowing the plaintiff-appellants prayer for withdrawal of the suit on the ground of formal defects, with permission to sue afresh on the same subject matter. 6. Mr. Md. Mozammel Haque, the learned Advocate appearing for t......maintainable in law. Being aggrieved, the plaintiff petitioners filed an appeal before the District Judge, Dinajpur being Title Appeal No.17 of 1995. In this appeal the plaintiff petitioners filed an application on 6-11-95 for withdrawal of the suit on the ground of formal defect on setting aside th..Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ...... Gour Gopal Saha J.- This Rule is directed against the order dated 19-10-97 passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of posse..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488....... of the accused-appellants so recorded by the recording Magistrate have been brought on record by P.W.14 the recording Magistrate as exhibits and, as such, the rulings as referred to above has got no application in this case. He thereafter referred to the case of Hafizuddin Vs. State reported in 42 ..Category: Criminal Law | Date: | Hits: 70