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M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......se is also Reported in: 15 BLT (HCD) (2007) 99. ......erred to the Artha Rin Adalat No.1, Dhaka and reÂnumbered as Title Suit No.214/1996, against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary form on contest on 1.6.97. The decree holder bank did ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200......lias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. During pendency of the aforesaid Rule in Writ petition No.2852 of 1997 an application ......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......the criteria set out in the Paripartra for the construction of UPCB and that the provision of the Paripatra is mandatory. The land gifted by Hafiz Mojir Uddin and others was ultimately selected after proper inspection and investigation and administrative approval was given for it as it is more suita......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... 320. ...... 30-8-2001 allowed the said appeal upon reversing the judgment and Order passed by the Trial Court . 5. The present petitioner's case in short is that the petitioner having acquired the scheÂdule property by a deed of exchange being No.2042 dated 25-3-1999, mutated his name and has been enjoying......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......dge, 1st. Court, Dhaka in PreÂ-emption Miscellaneous Case No.8 of 1988 allowing the same should not be set aside and or pass such other or further order or orders as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of the rule in short, are that the pre-emp...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App...... the Family Court, Kishoreganj, Nilphamari, in Family Suit No.21 of 1999 decreeing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Cou....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......earned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff institute......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......
High Court Division
(Civil)
Present:
Shahidul Islam J
Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
......ssistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Facts relevant for disposal of the Rule are that the opposite party as plaintiff insti......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ......ies in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition.......e decisions learned Trial Judge, decided Issue Nos.1, 4 and 5 against Pre‑emptors and dismissed Miscellaneous Case. Judgment is dated 23‑6‑1996. 12. Pre‑emptors felt aggrieved of the above adjudication and sought setting aside those through a medium of appeal being Miscellaneous Appeal No..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002...... with cases where no copy of the lost 'Will' has been preserved. In that case also probate may be granted of the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the Act provides that when the 'Will' is in possess......rts below are liable to be set aside. Since the probate case has not been disposed of on merit and further evidence may be necessary there is no way out but to send the case back on remand for proper adjudication of the necessary points in issue, which have already been pointed out previously. Howev..Category: Property Law | Date: | Hits: 113
....n the inquiry proceeding to support his case, purportedly acting under the undue influence of the respondent No.2 and 3, submitted a biased and motivated report on 20-5-1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26-5-1996, respondent Nos......vision
(Special Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed J
Shafiqul Islam (Md.) & another…………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 20......e report of the Enquiry Committee dated 20-5-1996 and no other papers, giving him only 24 hours time to reply to the second show cause notice dated 26-5-1996 which was quite insufficient for giving a proper and effective reply to the wild and baseless charges brought against him. Thereafter, the res......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......ted in: 16 BLC (HCD) (2011) 57. ......ution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proÂceeding and/or such other further order or orders as to this Court may seem fit and proper. 2. The short facts relating for disposal of the rule are that, the opposite party obtaine......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....87‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was scheduled to be completed by the 30th June, 1989. The respondent No.1 contractor started the work on 12‑6‑88. Du......rted in:49 DLR (HCD) (1997) 335. ...... not make any deposit as is required by section 33 of the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scrutiny and on a perusal of the material and evidence on record did not find any ground to i...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......iff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been...... Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted Title Suit No.166/77 in ......The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......r section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and perused the petition. 3. It appears that upon a First InformaÂtion Report lodged by the in......being a victim of enmity. 9. It is now well settled that according of consent is not a mechanical process but a judicial consent to be exercised judiciously with due care and caution after proper appliÂcation of mind. But in the instant case unforÂtunately there has been no applicati....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..Category: Criminal Law | Date: | Hits: 145
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19......he accused. In cross examination he stated that in the charge sheet Sabuj of Mymensing town was not made as witness. He did not visit the place of occurrence and he denied the suggestion that without proper investigation he submitted a perfunctory charge sheet. 17. P.W.8, Md. Abdul Quddus deposed......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....e agreement dated 19.12.1990 upon paying the balance amount of Taka 12,28,000/- before execution and registration of the sale deed within 15 days or within a limited period and the trial Court upon a completely erroneous premises wrongly decreed the suit. 17. Mr. Chowdhury the learned Advocate fo......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......t due to the failure of the plaintiff to pay the balance amount of money within the stipulated time, the defendants have suffered a lot; that in order to defraud and deprive the defendants from their property, the plaintiff published an advertisement on 10.05.1991 in a newspaper namely "The Daily It......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......n
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
AS Mamun J
Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner
Vs.
Bangladesh and others................................................................Respondents
Judgment
......Narcotics of the First Schedule and serial 3 (Ka) and (Kha) of the Second Schedule of the Narcotics Control Act and also Sections 9 and 10 of the said Act are reproduced below for ready reference and proper appreciation:
"Section 2(b) "Alcohol" means spirit and any kind of liquor or wine and incl......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......ginal Jurisdiction)
Present:
Mainur Reza Chowdhury J
Md. Iftikhar Rasool J
Ataur Rahman……………………………Petitioner
Vs.
Secretary, Ministry of ComÂmunication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………â€......ssion of the Ferry ghat in time. After careful consideration the authorities took decision to extend his lease from 1‑7‑96 to 10‑1‑97. Such decision of the authorities is reasonable, just and proper and not arbitrary,capricious or the result of any behind the scene intrigues. The legitimate ......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
...... Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Golam Rabbani J
Sultan Ahmed @ Md. Sultan Ahmed…………………………………Petitioner
Vs.
Chairman, Divisional Labour Court, and others……………………………………Respondent
Judgment
April 20, 1993.
Res......stant.
The petitioner then filed the case before the Labour Court, Khulna being Case No.C‑57 of 1988 alleging that no proceeding as required under the rules was drawn up against him and that no proper enquiry was held. It was also alleged before the Labour Court that he was not also heard in p...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
..
Category: Labour and Industrial Law | Date: | Hits: 141
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