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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....eported in 29 DLR (SC) 101, wherein it has been held that Section 6 of the General Clauses Act,1897 is applicable to a simple case of repeal, as well as to a case of repeal of a statute followed by a fresh enactment on the same subject and that Section 6 would be applicable unless the new legislatio......isions for review of judgment of the Appellate Division. Order XXVI Rule 1 provides as under: “Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on ground..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......Attorney -General ‑ For the State. Criminal Revision Case No.80 of 1989 (Khulna) and re‑numbered as Criminal Revision Case No.1569 of 1991 (Dhaka). Judgment Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the the..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....on'ble court it appears that the court had in mind that such a point should be decided at the time of final hearing and not earlier, so that the pre‑emptor may not be put to the trouble of filing a fresh petition of pre‑emption after the registration of the Kabala. The matter can be looked at fr......cation for pre‑emption under section 96 of the State Acquisition & Tenancy Act was filed on 8.8.72 i.e. 3 days before the Kabala was registered. In that case question that arose was whether the application for pre‑emption was liable to be thrown out on the ground that on the date on which th..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......ate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil Procedure. 2. Facts relevant for disposal of t..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......Baset Majumder, Advocate ‑ For the Petitioner. Not represented- the Respondents. Writ Petition No. 3407 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- We have perused the application and heard the learned Advocate for the petitioner. 2. The petitioner Ansar Ali Khan s..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ...... rights and obligation if any created by a repealed act will continue unless a different intention is expressly provided by the Repealing Act. In our view, section 6 of the General Clauses Act has no application in the instant case. Admittedly there was no Rule of service of the Agrani Bank Limited ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... Involved: Mohammod Hossain- For the Petitioner. Murad Reza, Additional Attorney General-For respondent No.1. Writ Petition No. 4700 of 2010. Judgment Syed Mahmud Hossain J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a ..Category: Civil Law | Date: | Hits: 128
....e to support this finding of the trial Court.
24. Mr. Khaled, having realised the weakness of the case at the end of the day submits that the case may be sent back on remand to the trial Court for fresh trial.
25. On perusal of the entire materials on record, we find both oral and documentary ...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
...... dated 03.09.2006 (decree signed on 10.09.2006) has affirmed the judgment and decree passed by the trial court and dismissed the appeal. Being aggrieved thereby the defendant-appellant has moved this application under section 115(1) of the Code and obtained the instant rule.
7. The lower court re..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......empt of Court arising from an earlier averment unless it is mendaciously false; (viii) relevant observations made in judicial capacity, such as, those by a higher Court on an appeal or revision or application for transfer of a case, or by a Court in judicial proceedings against a Judge: (ix) r..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......e BERC is the only such statutory body in the energy sector of the country. Anyway, the Chairman and the Members of the BERC in the post were appointed by the President following the procedure that applications were first invited by the Ministry of Power, Energy and Mineral Resources from qualifie..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......s not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application under Article 102(2) (a) (ii) of the Constitution which provides that the High Court Div..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......or settlement.
8. In the case or James Finlay and Co., Ltd., Vs. The Chairman, 2nd Labour Court, Dhaka and another, 33 DLR (AD) 58 it was held as follows:
"The maintainability of the employee's applications under section 34 of the Ordinance, the fact which required to be ascertained was whethe..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....urt dismissed the suit (TS No.135 of 1973) on 7.6.73 and against the judgment and decree appeal was preferred being Title Appeal No.90 of 1973 and the appellate Court sent back the case on remand for fresh trial on 29.9.74 and on receipt back of the record on remand the trial was held by the Munsif ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......awyers Involved: Fakir Abdul Mannan, Advocate - For the Applicant. Md. Moksudur Rahman, Advocate - For the Respondent. Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raise..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......resented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an application filed under section 10 CPC by the petitioner in Title Suit No.92 of 1983. 2. The peti..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....n the affirmative on the personal appearance of Jagannath Banerjee before the trial Court and ascertained that he had signed the Misc. Petition. The learned Subordinate Judge be directed to consider afresh any petition filed by the petitioner under Order 22 rule 10 CPC after the question whether Jag......lam Motafa, Advocates ‑For the Opposite Parties. Civil Revision No.5630 of 1991 (Dhaka) and Civil Revision No.12 of 1988 (Jessore). Judgment DM Ansar Uddin Ahmed J.- This rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the defendants is di..Category: Procedural Law | Date: | Hits: 77
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......Judgment Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Proc..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......t under Order 41 rule 27 CPC as an additional evidence which would show that defendant got the land by purchase from other co‑sharers. From the order sheet of appellate Court record it appears that application supported by affidavit was filed before appellate Court for adducing additional evidence..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....d he filed TS 218 of 1968. The said suit was dismissed on contest. Thereafter, the said plaintiff No.1 preferred an appeal which subsequently was withdrawn with the leave of the Court to file a suit afresh. 3. Rashidpur Tea Estate Co. and the said Tea Estate Company (30 & 31) surrendered the ......8.8.1976 passed by the learned Subordinate Judge, 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in ..Category: Property Law | Date: | Hits: 96
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