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Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......ion and Acquisition of Immovable Property Ordinance, 1982 inasmuch as that Ordinance itself provides sufficient and ade­quate procedure for assessment and payment of compensation money and if any party is aggrieved by the quantum of assessment is entitled to go before the Arbitrator and if he is..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....ala on January 15,1984, hence the suit. 4. The defendant No. 1 contested the suit taking the general pleas of maintainability, absence of cause of action and of being barred by limitation bad for defect of parties being not ad idem to the contract. It is the specific case of the defendant No. 1 ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......ructed to get the rule discharged for non-prosecution and accordingly filed an application on 14.11.2000 praying for dis­charging the rule for non-prosecution. The respondent Nos. 1-6 who were third party to the suit filed an application before the High Court Division praying for adding them to be ..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ......e has referred the case of AFM Shaha Alam Vs. Mozibul Hoque reported in 41 DLR (AD) 68. 8. Mr. SS Halder, the learned Advocate appearing with Mr. Bivash Chandra Biswas for the plaintiff opposite party, on the other hand, submits that the case of AFM Shaha Alam and others was considered by the A..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ......pe. It also appears from the evidence of PWs 1, 2, 3, 5, 7 and 8 that they have corroborated the prosecution story and have said that since the accused persons effected, compromise with the informant party on receipt of Taka 12,000 (Twelve thousand) they are not willing to disclose the truth but on ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......atutory provision may waive it and allow the contract or transaction to proceed as though the stipulation or provision does not exist. Waiver of this kind depends upon consent and the fact that other party has acted upon it is sufficient consideration. Where the waiver is not express, it may be impl..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ...... Ahmed which was about 27.06% and the family of Mohammadullah own 11,400 shares i.e. 67.06% remaining 1000 shares i.e. 5.86% of the 17,000 issued shares, was held by Mr. Maqbul Ahmed who was not a party in aforementioned matter No. 151 of 1997.  After the death of Mr. Ashraf Ahmed, the majo..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ......e was withdrawn with permission to sue afresh. A fresh petition was thereafter filed with the prayer to grant succession certificate.  4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)

....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ...... Das J Salema Khatun……………………Petitioner Vs. Matiur Rahman……………………Opposite party Judgment February 8, 2003. Result: The rule is discharged. Lawyers I..

Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......n effect, repeal and re‑enact an earlier law. But then again, section 6 of the General Clauses Act specifically states that if any law is altered during the pendency of an action, the rights of the party is to be decided according to the law that existed when the action was initiated, unless the a..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ...... (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......pplication to the Revenue Officer by one or more co‑sharer tenants and order for sub‑division of holding shall be made after notice to the parties concerned to appear and upon hearing the party concerned, if appears. No exception has been taken by Abdul Gafur's heirs as regard splitting ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......98)   Judgment                   Md. Ruhul Amin J.- The present appeal by the opposite party before the Administrative tribunal by leave is against the judgment and order dated October 26..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......ten) years as passed thereunder by Special Tribunal No. 1, Jhenaidah in Special Tribunal Case No. 100 of 1996.  2. The prosecution case, in brief, is that upon a secret information police party went to the house of the accused petitioner No. 1 Pannu Mollah where they found 4 persons pres..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......dged after lapse of about 21 years on 22‑10‑1996 the implication of the accused appellant was an afterthought and subsequent embellishment out of enmity and grudge between the informant party and the accused‑appellant as It appears from the first information report that on gener..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self‑acquisition to establish affirmatively that the property was acquired with..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ed to file Money Suit No. 55 of 1999. 3. At this stage the petitioner Zyta Garments Ltd. made an application under Order I rule 10 of the Code of Civil Procedure for impleading it as a party in the suit on the ground that the LCs were actually established by it with the defendant Nat..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... on July 28, 1972 in favour of the plaintiff and made, over possession to him. Later on the defendant No.1 by forging signature of the scribe created an Ekrarnama showing the plain­tiff as the first party and the defendant No.1 as the2nd party and on the basis thereof filed Miscellaneous Case No. 2..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......arned Judges of the High Court Division held rightly that giving a vague award in the matter of interest cannot be accepted at all and such vague interest without any basis cannot be given to winning party in the suit. The learned Counsel further submits that the learned Judges of the High Court Div..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......t No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judge, 6th Court, ..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198