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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... 15. The contention that section 16 of the Provincial Small Cause Courts Act impliedly bars taking of cognizance of small causes suits by ordinary Courts, cannot be accepted in the face of the clear terms of the section which relate only to trial. Trial of a small cause suit, through mistake by ...... costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....ing for the Court stated as under: "Article 226 is not meant to short circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in question or where......ed Writ Petition No.508 of 2008 challenging the said order. 3. The High Court Division upon hearing the parties by the impugned judgment dated 22nd July, 2008 disposed of the rule on the following terms: "As such, the petitioner is directed to file an application before the concerned Adalat fo...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to..

Category: Civil Law | Date: | Hits: 113

Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......own, they offer a valuable guide on subject. 4. In the case of Davies Vs. Otty (1865) 55 ER 875 the Master of Rolls had the occasion to consider a similar question. He answered it in the following terms: “The evidence of Susannah Davies must be admitted. It appears that her evidence was give......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe..

Category: Procedural Law | Date: | Hits: 91

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- ..

Category: Property Law | Date: | Hits: 73

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......ailed to complete the sale transaction by paying the balance of the consideration after repeated requests. So the house was sold to a third person and earnest money paid by the buyer was forfeited in terms of the agreement. The buyer then filed a petition of complaint against the seller on the alleg...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred..

Category: Criminal Law | Date: | Hits: 132

Shafiq Ahmed Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others, 1992, 21 CLC (HCD)

....ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ...... Halampachora, Begunchori and Kulaura range, the said tender notice was issued under the signature of the General Manager of the said Mills (Respondent No.4). 3. The petitioner on the basis of the terms and condition of the said tender notice participated in the above tender and he deposited Taka...... (Special Original Jurisdiction) Present: Anwarul Haque Choudhury J KM Hasan J Shafiq Ahmed………………Petitioner Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others……..........Respondent Judgment October 28, 1992. Cases Referred to- M/s H..

Category: Others | Date: | Hits: 128

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......ditional Paper Book) states that parties, the Adamjee Sons Limited and the Jiban Bima Corporation, agree to the reference to Arbitration of the dispute referred to in Schedule III of the agreement in terms and conditions mentioned therein. According to tem No.1 the appellant and the respondent were ......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi..

Category: Alternative Dispute Resolution | Date: | Hits: 174

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......uch property, or some part thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. “(2) In such......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In..

Category: Procedural Law | Date: | Hits: 80

Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)

.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......y invoking the writ jurisdiction certainly it will create an uncertainty to get the schedule work at the rate given before 12 years. In fact, the petitioner will not be able to attend the work in the terms and conditions incorporated in the tender schedule which was published before 12 years rather ..........................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……………Respondent Judgment March 7, 2011. Case Referred to- 32 DLR (..

Category: Others | Date: | Hits: 133

Babul and others Vs. State, 2011, 40 CLC (HCD)

....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......ars that P.Ws.1, 3, 5 and 9 are members of same family, who tried to establish the prosecution case. There is a sharp departure in the deposition of P.W.1. from her statement made in the complaint in terms of time and manner of the events. There is no explanation of delay in filling the complaint. ....... Borhanuddin J.-I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......cially by not following the procedure laid down in the relevant section. 18. Let us now turn to section 34 which deals with taking over of a Waqf estate by the Administrator of Waqf overriding the terms of the Waqf deed. Here again the contention advanced in support of the Rule is that even if th......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond..

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323....... from doing is just as much disobedience as if he fails to do what is directed to do. 17. Third reason is that rule 32 is a special penalty and is not a specific method of execution of a decree in terms of the decree. 18. I have already answered partly against these reasons. The second reason ......s Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)

....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......ellip;………(13) Order XXIII rule 1(3) is a provision barring a plaintiff from instituting further suit and its provisions can not be given a retrospective effect when in clear terms that sub-rule speaks of a future suit………….…(14)  ......Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such ..

Category: Procedural Law | Date: | Hits: 92

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......tionalised Industry under the Sector Corporation. 12. It may be pointed out that under section 3 of the above Ordinance No. XXIII of 1973, the Government has the overall authority to determine the terms and the conditions of service of the workers of the State‑owned Industries. The relevant por......¦Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications unde..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....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.......hat the respondent No.1. Monwara Akmal Khan appointed the petitioner Majiruddin Ahmed as Arbitrator for purchasing house No.67C, Asad Avenue, Mohammadpur, Dhaka at a sum of Tk. 3,50,000.00 on certain terms and condition as stipulated in Annexure‑A. The petitioner took about Taka two lacs fifty tho......inal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahme..

Category: Employment/Service Law | Date: | Hits: 94

Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)

.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......ree had already been passed on compromise between all the parties on 25.11.1964. 4. Mr. Md. Amir Hossain, learned Advocate for the Opposite Party Nos.1 to 3, on the other hand, submits that as per terms of the compromise petition opposite parties filed an application for demarcation of the land o...... DLR (HCD) (1993) 28. ..

Category: Property Law | Date: | Hits: 76

Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)

....nd taking into consideration the written submissions made by the petitioner came to the finding that in his aforesaid answer scripts the said offence had been committed, this Court in exercise of its extraordinary jurisdiction under Article 102 of the Constitution will not enter into the question as......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was..

Category: Others | Date: | Hits: 122

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ...... refused by the plaintiff she has been depositing the rent with the House Rent Controller. Further case of the defendant case is that the suit premise is not bonafide required by the plaintiff and in terms of the agreement with the plaintiff for the suit premises he is not entitled to terminate the ......iff Petitioner Vs. Begum Shamsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520..

Category: Tenancy Law | Date: | Hits: 167

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......e persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the Constitution and obtained the present Rule which were issued on the respondents in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why Notification v......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......of formal acquisition of such land, and such land may be leased out under the second provision to sub-section (1) of section 81 to the Certificate-holder without charging any premium thereof, on such terms and conditions as may be set forth in the lease by the Government, by terminating the certific...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant Vs. Narayan Chandra Swarnakar & others…………..Respondents Judgment March 11, 1982. Lawyers invo..

Category: Procedural Law | Date: | Hits: 68