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Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....cord—For Respondent the No.1. Sufia Khatun, Advocate-on-Record—For the Respondent No.4 Not Represented—Respondent Nos. 2-3. Civil Appeal No.14 of 2010. (From the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment ......, (ii) the balance amount would be payable with 1 (one) year's rebate within 9 (nine) year's in half yearly installÂments bearing an interest at the rate of 8%. The writ petitioner opposed the above decision and proposed to pay with 1(one) year's rebate in 40 equal half-yearly installments with int..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the High Court Division in Civil Revision No. 4954 of 2003). Judgment ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....Bangladeshi Shareholders in issuing shares except shares held by public sector enterprise as on 27th March, 1972 of the erstwhile Eastern Banking Corporation Ltd. 4. Uttara Bank Ltd. by its letter dated 8‑3‑84 informed Mr. S. Khurshed Anwar that he was entitled to get 4845 ordinary shares by ......proved by the Board of Directors and then entered into the register of the erstwhile Eastern Banking Corporation, would be accepted as share‑holders of the present Uttara Bank Ltd, and this was the decision taken by the Board of Directors in its meeting dated 7.4.84. In my view, this was not the c..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Naimuddin Ahmed J. - In this Writ Petition arising out of an application under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the......his writ petition. The said Criminal Motion was heard by the Additional Sessions Judge 3rd Court, Bakerganj, and by his judgment and order dated 31.8.57 he dismissed the Criminal Motion. Against this decision of the Additional Sessions Judge, 3rd Court, Bakerganj, a revisional application being Crim..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....r section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special Powers Act; 1974 from an order of conviction and sentence dated 21.1.1989 passed by the Special Tribunal No. 2, Narayanganj convicting and sentencing the peti......ugh section 30 prescribes 30 days for filing an appeal from an Order of the Special Tribunal his clients are entitled to get the benefit of section 5 of the Limitation Act. Mr. Elahi relied upon some decisions of Indian Jurisdiction. In those decisions section 5 of the Limitation Act was not conside..Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
...., Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated 24.11.48 is void and for recovery of tins or their respective price. The suit was originally d......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... ‑ For the Respondent No. 1. Appeal from Original Decree No. 222 of 1974. Judgment Nurul Haque Bhuiyan J. - This appeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 ......ly erred in allowing the parties to lead evidence against the added defendant No. 3 and therefore the decree passed by him against added defendant No. 3 is not sustainable. This view finds support in decisions reported in 27 DLR 413 and in 38 DLR 39. In 27 DLR 413 it was held: "In determination o..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....the Opposite Party. Civil Revision No. 225 of 1990. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the petitioners (Defendant Nos. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dhaka in ......titioners convince the learned Subordinate Judge that their cited witnesses are avoiding the Court without lawful excuse. The learned Subordinate Judge, it appears, is still open to give a favourable decision in favour of the petitioners if they can convince the Court that their cited witnesses are ..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....rty No. 1, as plaintiff, brought Title Suit No. 225 of 1985 in the First Court of Munsif, now Assistant Judge, Barisal seeking, inter alia, a declaration that the order of termination of his services dated 17.9.81 was void, illegal, mala fide and without jurisdiction and that he was very much in ser......grieved the plaintiff preferred Title Appeal No. 104 of 1986 to the learned District Judge, Barisal. The appeal was, on transfer, heard by the learned Subordinate Judge of that place. He reversed the decision and sent back the case to the Trial Court for fresh decision. It is against this order the ..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....cate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been pa......of the required fee and fine imposed but he did not submit any application for such sanction of any plan for his tin shed in question. In the above facts and circumstances agreeing with the aforesaid decisions we are of the view that by not considering the reply submitted by the petitioner in compli..Category: Property Law | Date: | Hits: 77
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....asan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming the order dated 18.3.77 of the Munsif, Second Court, Sylhet, in Misc. Case No.148 of 73, allowing an applicati......application of the pre‑emptor. 5. Thereafter the pre‑emptee Idris Mia, preferred the Misc. Appeal No.181 of 1977 before the Subordinate Judge, Second Additional Court, Sylhet, who affirmed the decision of the learned Munsif. 6. Being aggrieved by the Judgement and order of the Subordinate ..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
..... Matiur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1691 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule is directed against the judgment and order dated 12.8.90 passed by the learned District Judge, Comilla in Election Tribunal Appeal No.2 of 1989......opening of the new polling station at Khanebari Government Primary School was violative of the Election Laws for want of clear 15 days notices. 6. On appeal the learned District Judge reversed the decision in part, upheld the order of the Election Tribunal setting aside the declaration of the pet..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No.......Badruddin also corroborated the same saying that he found the revolver on the table inside the club ghar and the appellant in the varendah. 16. The learned Advocate for the appellant relied on the decision in the case of Pair Baksha alias Paiari and others Vs. State reported in 27 DLR 251. In tha..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......sudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During ..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....vash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the High Court Division in Criminal Miscellaneous Case No.17892 of 2010). ......idiary, but would be wholly independent of the powers conferred on the High Court or the Court of Section by sections 496 and 497." 19. The Supreme Court of Pakistan, howÂever, dissented with the decision in Khushi Muhammad’s case, in the case of Sadiq Ali Vs. State 18 DLR (SC) 393. SA Rahman ..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....2. In the said petition it has been stated that on 29.1.99 the District Magistrate, Satkhira passed an order of detention under section 3(2) of the Special Powers Act by his Memo. No. Ja/M/157(Jukta) dated 19.1.89 detaining the detenu for a period of 30 days with a view to preventing him from commit......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....- the Opposite Party. Civil Revision No. 1181 of 1980. Judgment Habibur Rahman Khan J. - This Rule at the instances of the defendant‑petitioner is directed against the judgment and decree dated 4.3.80 and 10.3.80 respectively of the Subordinate Judge Kushtia passed in Title Appeal No. 40......etitioner, submits that the learned Courts below erred in law on the fact of the record in decreeing the suit for Specific Performance of Contract without any valid ground and cogent reason and thus, decisions of the Courts below have occasioned a failure of justice. 6. The learned Advocate then ..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
...., Advocate ‑ For the respondents. Second Appeal No. 448 of 1977. Judgment A M Mahmudur Rahman J. - This appeal is against the judgment and decree of affirmance of the lower Appellate Court dated June 16, 1977. 2. Ganesh Pada Parial as plaintiff instituted Partition Suit No. 87 of 1969 ......irode Baran deposed that he had sold some land to the appellant and as such appellant's interest has been affected by the ex parte decree passed in the suit. In aid of his contention he relied on the decision in the case of H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR ..Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....n J. - In this case Rule Nisi was issued on 14.12.89 under Article 102 of the Constitution calling upon the respondent, Government in the Ministry of Home Affairs to show cause why the impugned order dated 12.12.89 (Annexure‑D) passed under section 17(1)(c) of the Special Powers Act, 1974 prohibit......case of the State of Bihar Vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another reported in AIR 1960 (SC) 378 (380) where it was observed by the Supreme Court of India also as follows: "Any decision on the said question would in such a case, be purely academic. Courts are and should be rel..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....l Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2......nt No.1 as writ petitioner moved the High Court Division in writ jurisdiction and a Division Bench of the High Court Division by the judgment and order dated 29.07.2009 made the Rule absolute and the decision contained in Memo No. পবিবো/তশৃপ/ফাঃ নং-২৩২,০২(৪)/à..Category: Employment/Service Law | Date: | Hits: 175
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