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Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......guishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to the facts of the present case. Moreover, the decision was given in a quite different ..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......g that the plots are not contiguous was made erroneously. I have been taken through the judgment by the learned Advocate, It appears that the Court of appeal below while holding that the petitioner's application under section 96 of the State Acquisition and Tenancy Act, 1950 is barred by limitation ..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....etenu at liberty forthwith and also to report compliance of the order on or before 1.2.89. 2. The subsequent order was also not complied with. The Government, on the other hand, passed on 9.8.89 a fresh order u/s. 3(1)(a) for his further detention. The petitioner again moved Writ Petition No. 169......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......cision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ioner contested the suit by filing a written statement. 4. By the order dated 12.8.84 the Court fixed 28.8.88 for peremptory hearing of the suit. On 16.8 .84. the plaintiff opposite party filed an application under Order 6, rule 17 of the Code of Civil Procedure praying for amendment of the plain..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......90. Lawyers Involved: ABM Khairul Hoque, Advocate-For the Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑comp..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......her declaration that respondent No. 2 has no claim against the plaintiff. During the pendency of the said suit respondents No, 2 having taken steps for its winding up, the petitioner company filed an application for temporary injunction and the Court, by an order dated 28.6.86, directed the parties ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......posite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 6 of 1987 rejecting an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decr..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......zila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much delay in holding trial for various reasons. The accused petitioner moved this application for quashment of the Criminal Proceeding pending against him on 17.11.87 stating, inter ..Category: Criminal Law | Date: | Hits: 104
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......: "It is an admitted fact that the plaintiffs are refugees from West Bengal and the suit land after proper demarcation by the officers of the appellant had been allotted to the plaintiffs on their application and this had been put into its physical possession. It is also an admitted fact that hut..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......llants that "the order that was challenged before the Administrative Tribunal was issued on 23rd January, 1994 and the respondent joined in his service on that very said day but he failed to file any application for review of the order dated 23rd January. 1994 within the prescribed time of 3(three) ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ticks keeping excise duty as levied on the lowest brand at the rate of Tk. 25+2% statutory duty per thousand sticks and to declare low priced cigarette industries as "sick industries," and to provide fresh loans to them, while keeping their previous debts in abeyance, as was done in the case of tea ......er's was that after the judgment and order was passed it applied on 15.9.1985 for time to obtain stay order from the High Court but Respondent 1 passed an order that as the record was in Rajshahi the application was to be put up on return from Bogra. Thereafter, on September 23, 1985 the petitioner ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......desh Bank by their letter dated 11.12.85 addressed to Mr. K Ashrafuddin Ahmed, Taranga Complex, (of which the accused is a co‑owner) 26 DIT Avenue, Motijheel Commercial Area, Dhaka referring to his application dated 14th March, 1985 for permission to establish a private investment company, namely,..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ...... examine any witness. On consideration of the evidence and materials on record the arbitrator by the impugned award assessed in all Tk. 33,63,958.22 as compensation. 4. The respondent has filed an application alleging therein, that the appeal is barred by limitation and the same is liable to be d..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......Advocates – For the Petitioner. Moudud Ahmed with Md. Azizul Huq- For the Respondent No. 4. Writ Petition No.102 of 1993. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is dire..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......rator cannot treat the same as "a waqf by user" as contemplated in section 2(10) of the Ordinance. In the instant case neither the Mutwalli of the mosque or persons interested in the mosque filed any application under section 47(2) for enrolment of the mosque as waqf. For want of enrolment of the mo..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......report was accepted by the learned Upazila Magistrate and he passed the order to that effect. Thereafter, the complainant applied to the Magistrate for custody and possession of the godown. Upon such application the learned Magistrate directed the Investigating Officer to inquire into the matter and..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......FM Shahid, Deputy Attorney‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....sal dated 9.4.90 to the Government to obtain approval of the CLAC on the basis of the revised drawing to save petitioners' building by releasing some land from acquisition and by acquiring some land afresh and the same after approval by the respondent No.4 on 10.4.90 was sent to the respondent No.2 ......submitting report or obtaining approval of the Government. The petitioners cannot now object to the acquisition of their land. Similarly, petitioner No.2 of Writ Petition No.661 of 1992 filed another application on 4.1.92 to the respondent No.6 claiming compensation for her acquired building at the ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......volved: Ruhul Amin II, Advocate ‑ For the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Opposite Party. Criminal Revision No.1237 of 1990. Judgment Habibur Rahman Khan J.- On an application under section 491 of the Code of Criminal Procedure by Dr. Kazi Mozammel Hoque, father o..Category: Criminal Law | Date: | Hits: 80
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