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Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......ecuted on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. According to terms mentioned in the deed, ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;..Category: Property Law | Date: | Hits: 87
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......order of the money deposited to the landlord". 5. Under this sub‑section (1) a tenant is entitled to deposit his rent with the Rent Controller when the landlord has refused to accept the same in terms of section 18 remitted by the tenant by postal money order. Sub‑section (5) of section 18 wh......ent: Bimalendu Bikash Roy Choudhury J M/s. Golden Biscuit Co.....................Petitioner Vs. AL‑Haj Rafique Mia...................Opposite Party (In Civil Revision No.674 of 1990) and Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) ..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ulpatory matter can amount to a confession, if the exculpatory statement is of some fact which if true would negative the offence alleged to be confession. Moreover, a confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence". 29. ......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others..Category: Criminal Law | Date: | Hits: 84
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......he Government to transfer in public interest the undertaking of BTT B including its officers and employees to a public limited company registered under the Companies Act, 1994 by an agreement on such terms and conditions as may be specified therein. Sub-section (2) of Section 5A provided that the Go......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......ne, 1981 by which the Administrative Tribunal was established giving exclusive jurisdiction to it to hear and determine application made by any person in the service of the Republic in respect of the terms and conditions of the service and jurisdiction of Administrative Tribunal under section 4 of t......394. ..Category: Administrative Law | Date: | Hits: 189
....the supporters of the former regime. If the detenu had practiced corruption or committed criminal misconduct by abusing his position while in office, the law would take its own course. The use of the extraordinary power of preventive detention contained in the Special Powers Act for purposes for whi......he impugned order to prevent the detenu from endangering public safety and the maintenance of public order.
9. Article 102(2)(b)(i), which confers jurisdiction upon this Court, is in the following terms:
"(2) The High Court Division may, if satisfied that no other equally efficacious remedy is......l Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liv..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ....... 5,05,000.00 as transfer fee plus Tk. 909.00 as service charge. The defendant No. 1 asserted that on the next date he made over the said letter to the plaintiff to pay the said amounts to the DIT in terms of the contract with him at an early date for getting transfer permission but the plaintiff de......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......udgment and order dated 23.02.2011 passed by the High Court Division in Civil Revision No.4310 of 2010 disposing of the Rule, with observations and a direction upon the parties to strictly follow the terms and conditions of the solenama filed in the Family Suits. 2. The facts relevant for di...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......also in directing the respondents-petitioners herein to grant lease to the writ petitioner for the period of 1416-1418BS. The learned DAG submits that the contention of the writ-petitioner relates to terms and conditions of the lease deed for which writ is not maintainable. 6. Mr. Fazlur Rahman K......t Appellate Division (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan.........................Category: Fiscal/Taxation Law | Date: | Hits: 96
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lesÂsee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule prope...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……â..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......no right to challenge the order of termination. The learned Attorney General finally conÂtended that the termination of the service of the respondents having been made as per paragraph 1 (ga) of the terms of appointment under memo dated 4th September, 2005, the Administrative Appellate Tribunal err......ra Kumar Sinha J Bangladesh repreÂsented by the Cabinet Secretary, Bangladesh Secretariat, Dhaka ..........................................Petitioners. (In all the Cases) Vs. Md. Abdul Alim and others ………………..................................Respondents (In Civil Petition No.130..Category: Administrative Law | Date: | Hits: 188
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......ing in respect of such claim. 8. Under President's Order No. 72 of 1972 which came into force on 28th June, 1972 the provision of the old section 87 was replaced by new section 87 in the following terms: "RIGHT IN LAND GAINED BY ACCESSION FROM RECESS OF RIVER OR SEA.- Notwithstanding anything .......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss..Category: Property Law | Date: | Hits: 77
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......for maintenance for time antecedent to any order of the Judge or mutual agreement of the parties, the Judge is not to decree maintenance for the past." And the same rule is laid down in much the same terms in the Hedaya, Vol. 1. page 398, and quoted in the Tagore Law, Lectures for 1873, P453. We thi......aintiff appellant Vs. Sheikh Muhammad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha, Advocate- For the Petitioner...Category: Family Law | Date: | Hits: 253
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......vernment to the Court, such proceedings were pending on the date they were stopped, within 90 days from that date". By using the said second and third expression in an unambiguous manner and in clear terms the legislature has left absolutely no doubt that the limitation of 90 days regarding making a...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision..Category: Criminal Law | Date: | Hits: 63
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......damage not including profit of any kind.
(b) Particulars of all other insurances if any ..................................................... No claim under this Policy shall be payable unless the terms of this condition have been complied with.
13. If the claim be in any respect fraudulent or......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990...
Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279....... a number of cases both before and after Partition of India, dismissal of a complaint under section 203 or discharge of an accused either under section 209 or 253 Cr.P.C. have been used in synonymous terms when the question arises whether a proceeding against the accused who have been discharged or ...... Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim Vs. Nazmul Karim S..Category: Criminal Law | Date: | Hits: 66
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......arned Munsif. Applications for transfer of the above suit were numbered as Miscellaneous Nos. 25‑28 of 1985 of the Court of District Judge, Jhalakati. The Rule was issued on 1.8.89 in the following terms: "Let a Rule issue calling upon Md. Joynal Abedin, son of late Mofizuddin of village ÂChho......urt Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M..Category: Criminal Law | Date: | Hits: 64
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......the Ferdous Tannery has been delivered to the plaintiff. The government failed to makeover possession of other assets of Fordous Tannery in full in spite of best efforts made by the plaintiff. As per terms of agreement, inventory, balance‑sheet and the profile regarding the Ferdous Tannery the pla......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
..
Category: Property Law | Date: | Hits: 73
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... Vs. Mask and Co. was in respect of the Sea Customs Act where a penal assessment was made under section 182 of the Sea Customs Act and the assessee preferred an appeal under section 188 of the Act in terms of which the order was to be final. Their Lordships held that since the assessee had availed o...... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......ding anything hereinÂbefore contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to or arising out of‑ (a) the terms and conditions of persons in the service of the Republic, including the matters provided for i......oner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food,..Category: Administrative Law | Date: | Hits: 175
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