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Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... over of the mortgaged properties to the purchaser but the Court by an order dated 19.7.90 rejected the prayer of the borrower‑Company; that in the meantime Rupali Bank Ltd. got the BSRS added as a party defendant in Money Suit No.10 of 1980 filed by the Bank against the borrower‑Company and its..Category: Company Law | Date: | Hits: 317
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440....... view of sub‑section (5) seems to be mandatory in nature so far as the decision of the High Court Division is concerned. But how the High Court Division will decide the question without hearing the party at whose instance the reference is made seeking answer to the question raised thereby? The dec..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......e alive, P.W.2, P.W.5, P.W.6, and appellant No.1 and others. 9. The defence case is that the occurrence did not take place in the manner as stated by the prosecution, that the informant and his party men were the assailants and that Nirendra and Amiruddin died due to injuries caused by their p..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......5.8.79 was illegal, null and void and not binding upon the plaintiff. Section 14 of the Arbitration Act provides that when the arbitrators have made their award, the arbitrators at the request of any party to the agreement or any person claiming under such Party or if so directed by the Court cause ..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......o the petition. The terms 8, 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession ..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......pazila Sreepur, District Dhaka in Misc. Appeal No.73 of 1983 reversing those passed on 16.8.77 by Mr. Abdul Awal, Circle Officer (Rev), Sreepur rejecting the application filed by the present opposite party Abdul Baten under section 4 of the Alienation of Land (Distressed Circumstances) (Restoration)..Category: Property Law | Date: | Hits: 110
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......y the case is allowed on contest but without cost. O.P. Nos.1 and 2 are directed to finalise and publish the seniority list of the officers of the applicant's cadre without delay."
5. The opposite party Nos.1 and 2 in the said Case No.36 of 1985 are respondent Nos.1 and 2 in this writ petition. T..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......tion of delay is ordered by this Court if read with section 76(2) of the Companies Act would show that in case of default every Director and Manager of the company who knowingly and willfully was a party to the default shall be liable to fine not exceeding Tk.20,000/-and with a further fine not ex..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......him and that one Abdul Gafur is their leader and they have also with them, Gusta, Alu, Enayet, Malek and others and the Rakkhi Bahini men must immediately get hold of them as in case of delay their party men would remove those, hearing which complainant Aftabuddin along with Rakhi Razrul, Nilu A..Category: Criminal Law | Date: | Hits: 97
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......ated in the words of Asquith, LJ. "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appoints a specific tribunal for its enforcement, a party seeking to enforce that right must resort to this remedy or this tribunal and not to others."
..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......e ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remanding, the suit mainly for that purpose although this rule 27 is not intended to enable a party to patch up the weak part of his case. Where the appellate Court considers the taking of addit..Category: Property Law | Date: | Hits: 115
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ...... Act, 1887 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant st..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......ted in AIR 1964 (Asaam) 54, it appears, that execution case was started in the year 1947 and the proceeding of the execution of the execution case was stayed pending disposal of a suit filed by a 3rd party and the said suit by that party was dismissed in 1955 and after dismissal of that suit executi..Category: Property Law | Date: | Hits: 94
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... 2. It appears that decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-p..Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... amended by stating the mode of acquisition of title of Zitu Beg right from the CS record. The plaintiff as a client cannot suffer for the latches done by her engaged learned Advocate in drafting the defective plaint as indicated above. Therefore, this is a fit case for remand to the trial Count. As......site Party. Civil Revision No. 2711 of 2006. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Jo..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... 1(a)-1(e). Civil Revision No. 4142 of 1999. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Add..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......tition No.5746 of 2005 (the Oriental Bank Ltd. Vs. Artha Rin Adalat No.4, Dhaka and others) by this Division as under: "Therefore, it transpires that section 41 (1) of the Ain provides that if any party to a Mamla is aggrieved by an order or decree, he is to prefer an appeal against the said orde..Category: Civil Law | Date: | Hits: 157
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......hemselves added in this suit by setting up independent title which could not be adjudicated in a suit for specific performance of contract. 16. This Division even did not approve of addition of a party who set up independent title in a suit for specific performance of contract in the case of Gol..Category: Civil Law | Date: | Hits: 186
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
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