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Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ...... seniority to those subsequently appointed Assistant Traffic Inspectors superseding to seniority of the present respondent Nos.1-7 who were the petitioners. On the protest made by them the second party deputed them to other posts and thereafter the second party namely, the present petitioner for..Category: Labour and Industrial Law | Date: | Hits: 204
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542....... Judge, Barguna in Title Suit No.55 of 1997. The Secretary, Ministry of Health, represented by the Civil Surgeon, Barguna, as plaintiff, instituted the Suit. In this civil revision he is the opposite party No.1. The Principal, Barguna Darul Ulum Nesaria Alia Madrasha is the petitioner, the Additiona..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......with Arobinda Kumar Ray, Assistant Attorney General - For the Opposite-Parties. Civil Revision No. 3934 of 2010 Judgment FRM Nazmul Ahasan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 25-3-2008 passed by the lea..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......greement would expire on 31-12-1996 determining the landlord tenant relationship and the same will not be extended or renewed any further under any circumstances. It was also contended that the 2nd party tenant would hand over the vacant possession of the suit premises to the landlords on 1-1-19..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ons 420/406/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka. 3. The relevant facts for disposal of the case, in brief, are that the respondent No.2 - opposite party No.2 had a long standing family relationship with the accused-petitioner Mamun Akbar which res..Category: Criminal Law | Date: | Hits: 90
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....relating to the pre-maturity of cause of action regarding a pre-emption case. The principle laid down in this case is that if the cause of action is matured during the pendency of the proceeding, the defect of pre-maturity of cause of action could be cured. Though the above principle is laid down in......struments Act 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. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complaint before the Court of Upazila Magistrate, Chak..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......f arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuance of the instant Rule are as follows: The decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Senior Madrasha sin..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......(Criminal Revisional Jurisdiction) Present: Salma Masud Chowdhury J Dr. Md. Rahmat Ali………………………Convict-Appellant Plaintiff Vs. State……………………Opposite party Judgment February 14, 2011. Result: The rule is made absolute. Lawyers Involve..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....efore me and upon scrutiny of the materials placed before us it transpires that the trial Court dismissed the claim of pre-emption by the pre-emptor on two counts of which one is that it is bad for defect of parties and the other one is that the case is barred by limitation. While the appellate Co......tate Acquisition and Tenancy Act claiming themselves to be co-sharers to the case holding by inheritance. In the said Miscellaneous Case two petitioners were impleaded as pre-emptees while opposite party Nos. 3-25 were impleaded as other opposite parties in the said Miscellaneous Case being the ne..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....ong with the question of applicability of the doctrine of lis pendens. It may be mentioned here that the lower appellate Court has concurred with the trial Court on the findings regarding the plea of defect of party and the short deposit of consideration money and, as such, those have not been raise......sor sought pre-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basis of Kabala dated of 5‑4‑1950 Exhibit 1 while the opposite party No.1 on being a stranger in the case holding purchased the case land along with other lands by..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of facts those which shed light on controversy and those are: a) First opposite party as pre‑emptor exercised his right of pre‑emption under section 96 of the Act against pre-e..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
...... obligation. A full-fledged contract comes into existence. Here the Government functions in the capacity as a trader e.g. an ordinary buyer; and if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, but cannot invoke writ jurisdiction. Ho..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......on 3.11.89. In that meeting also the petitioners appeared, but it is alleged in the application that, since their objections were not recorded, they boycotted the meeting on protest and they were not party to the resolution taken in the meeting dated 3.11.89. The petitioners raised objection with re..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......od of 120 days. The grounds of detention were served on the detenu on 16.12.91. 3. In the Writ Petition, it has been alleged that the detenu was connected with various activities of a political party named Jatiya Party and she was once elected as a Member of the Parliament and was also a Deput..Category: Constitutional Law | Date: | Hits: 299
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......mmed Habibur Rahman J. - This Rule at the instates of accused Musa Bin Shamsher under section 561A Cr.P.C. was issued calling upon the Deputy Commissioner, Chittagong and the complainant opposite party No.1 Ansarul Huq Ansari to show cause why the proceedings in G.R. Case No. 50/85 pending in th..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......e Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The facts relevant for the purposes of disposal of the rule are that the opposite party No.2 as plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) o..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......deration money of Tk.227/-. Jainal Abedin got khas possession of the land and had been in adverse possession of the same for over 12 years. The vendors left for India and did not return. The opposite party No.11 who got lease of the land as enemy property was added as defendant No.11 in the suit at ..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......), Advocates - For the Respondents. First Miscellaneous Appeal No.229 of 2007 with Civil Rule No. 665(FM) of 2006. Judgment Mirza Hussain Haider J.- This appeal has been preferred by the 2nd party appellants being aggrieved by Order No.37 dated 28-3-2006 passed by the learned District Judge..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......South Wales has admittedly declined to extend the law by analogy in a modern case. It is accordingly submitted that civil proceedings remain technically pending during the period When it is open to a party to appeal and until any such appeal (including an appeal to the House of Lords) has been deter..Category: Criminal Law | Date: | Hits: 131
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