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Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ...... receipt showing payment of rent. Accordingly, the Trial Court refused to accept thee application and to add the petitioners as added defendants in the suit. Mr. Faridul Alam Chowdhury relying upon a decision of the Supreme Court of India reported in the case of Messrs Importers and Manufacturers Lt..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....of the dwelling‑house or the homestead land. Secondly, it does not appear from the defence case that the defendants were members of the undivided family when the transfer by three different kabalas dated 7.7.49, 11.6.59 and 2.7.59 respectively took place. The land as found by the Courts below was ...... finding is based on proper evidence. This principle of law is well established. It is pertinent to refer to the case of Pathana Vs. Mst. Wasai, 17 DLR (SC) 47 wherein it has been held, following the decision of the Privy Council in the case of Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....And pursuance to decision of the 4th Council Committee meeting held on 19th March, 1981 Mr. Justice TH Khan was appointed sole Arbitrator (vide page 5 of the Additional Paper Book‑1) under a letter dated April 16, 1981 for settling the dispute regarding right, tide and ownership of the Adamjee Cou......his case. The history in conducting this case, a luxury litigation, at the instance of the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settle the dispute "once and for all" through arbitration of a very high power committee..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ly, Noor Ahmed, Seraj Ahmed, Abdul Motaleb, Sona Ali, Abul Hossain, Faiz Ahmed, Sekander Fakir, Eunus, Kala Mah, Putiakabli and Nurul Huq of the charges brought against them by his judgment and order dated 8.6.89 in Sessions Trial No.25 of 1987 out of which the present appeal has arisen challenging ....... Of course mere, relationship itself should not and cannot be a ground for discarding the evidence of a witness unless he is found to be biased and lying in support of this view we may rely upon the decision in the case of Abdul Karim Vs. State and others, reported in 1981 BLD, (AD) 200. Similar vi..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ed under article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annex......ase the petitioner has acquired no right to make himself an aggrieved person since no agreement between the parties has yet been made. In support of his contention the learned Advocate has referred a decision of a case reported in 32 DLR (AD) page 223. 9. Of course, during the course of argument ..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
..... Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 18.6.2008 passed by the Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 co......udge rightly convicted and sentenced the appellants. 8. In order to appreciate the submissions of the learned Advocates of both sides, we have examined the evidence on records and gone through the decisions cited as well as the impugned judgment and order of conviction and sentence. 9. In the ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....who were armed with deadly weapons: P.W. Moniruzzaman, the brother‑in‑law of the deceased disclosed to P.W.1 Md. Rafiquddin Ahmed that he went to the house of his father‑in‑law on the alleged date of occurrence and while he was passing through the road near about the place of occurrence he h......question relating to the credibility of dying declaration was raised and this court arrived at the finding with regard to the reliability and acceptability of dying declaration relying on a number of decisions cited in the case. In the case of Thown Kaune Pompeah and another Vs. The State of Mysore ..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the ......ful. They had also lodged a complaint to the Administrator of Waqfs which the latter forwarded to the DC for taking legal steps. Accordingly, the RDC heard both the sides but before he could give his decision the respondents filed the above mentioned application before the Minister on the same groun..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....titioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. 2. The......perty and awarded compensation of Tk. 5,000.00 to the decree holder out of the sale proceeds apparently under sub‑rules (1) and (3) respectively. 8. As to applicability of rule 32, there are two decisions of our Court, namely, 16 DLR 61 (Barhanuddin Ahmed Vs. Veda Brata Chakraborty) and 33 DLR ..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....os.1‑3. Civil Revision No.388 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 21.5.86 passed by Mr. TIM Nurunnabi Chowdhury, Subordinate Judge, 1st Court, Dhaka reject......ore the other suit has been abandoned or dismissed. The rule is clear and can only be applied to suits instituted after the withdrawal or abandonment of previous suits. The aforesaid Lahore decision was followed in the case of Haji Ashfaq Ahmed Khan and others Vs. Custodian of Evacuee..Category: Procedural Law | Date: | Hits: 92
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....cation under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have ......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....r who made a report on 21.1.90 pointing out that appeal was out of time by 6 days and so the memo of appeal was returned to the filing Assistant Attorney‑General (Civil) who received it on the same date and under such circumstances it was incumbent on the part of the petitioner to speedily prepare......neral urged on behalf of the petitioner that delay was caused as the file had to pass through several offices and in that process the delay occurred. In support of his contention he has relied on the decision in AIR 1987 (SC). In that case delay of only 4 days occurred. So their Lordships took a len..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....096 of 1991 (Dhaka) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the ear......al jurisdiction and obtained the present Rule. 3. Miss Nowazish Ara Begum, learned Advocate for the petitioner, submits that the learned Munsif committed an error of law resulting, in error in the decision occasioning failure of justice, by rejecting the application for vacating the order dated 2..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....ocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corporation putting restr......orks of the Board and in that end in view he desires to be listed as contractor with the respondent Board. But in order to deprive him from acting as contractor the respondent Board took the impugned decision to the effect that no ex‑officer or employees of the Board could directly or indirectly p..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....ka, respondent No.2 the University of Dhaka, represented by its Registrar and respondent No.3 the Controller of Examinations, University of Dhaka to show cause why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imposed upon the petitione......or, University of Dhaka, respondent No.2 the University of Dhaka, represented by its Registrar and respondent No.3 the Controller of Examinations, University of Dhaka to show cause why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imp..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....d ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazilla Court Belkuchi in Miscellaneous C...... Court below has failed to exercise its jurisdiction to review the order dated 8.8.85 in Miscellaneous Case No.32 of 1983 for pre‑emption and has thus committed an error of law and procedure in its decision occasioning failure of justice in not allowing the review petition. Accordingly, the order ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....ury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, in Miscellaneous Appeal No.125 of 1983 reversing t......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
....ayun, Advocates ‑ For the Respondent.
Appeal from Appellate Order No. 68 of 1994.
Judgment
Kazi Ebadul Hoque J. - This appeal at the instance of the defendant is against Judgment and order dated 26.2.94 passed by the Additional District Judge, 3rd Court Dhaka in Title Suit No. 39 of 1993 ......mark though unregistered since 1988 as claimed in his application for registration of the said trade mark.
9. Mr. Syed Ishtiaq Ahmed, learned Advocate appearing for the respondent, referring to a decision in the case or Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale Society Ltd. printed a..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 in Money Suit No.131 of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ p......te Judge, allowing the amendment is not sustainable in law and the same is liable to be set aside as in allowing the prayer for amendment he has committed an error of law resulting in an error in his decision and the same has occasioned failure of justice. 11. However, as the learned Subordinate ..Category: Civil Law | Date: | Hits: 92
....r the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) shou......vocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petit..
Category: Property Law | Date: | Hits: 91
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