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MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any ..

Category: Civil Law | Date: | Hits: 140

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..

Category: Criminal Law | Date: | Hits: 78

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... No employer or trade union of employers and no person acting on behalf of either shall- (a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union; or (..

Category: Labour and Industrial Law | Date: | Hits: 176

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......Act II of section 5(1)(d) punishable under sub‑section (2) of section 5 of the Prevention of Corruption Act, 1947. 9. Mr. Aminul Huq, the learned Attorney­ General appearing for the opposite party State, submits that from the reading of the FIR, charge sheet, charge framed and the other doc..

Category: Criminal Law | Date: | Hits: 81

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......s. Plaintiff Opposite Party instituted the suit in the court of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorc..

Category: Property Law | Date: | Hits: 134

Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)

....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......eeping of the mother without the consent of the mother. 8. Against the decisions cited by the learned Advocate for the petitioner Mrs. Fowzia Karim, the learned Advocate appearing for the opposite party No.1, has referred to the case of the State Vs. Ramji Vithal Chaudhuri and another, AIR 1958 B..

Category: Family Law | Date: | Hits: 255

Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)

....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......e Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pasharini belong­ing to the plaintiff-opposite party undertook a voy­age from Italy to Dhaka via Cape of Good Hope and suffered a damage to its hu..

Category: Civil Law | Date: | Hits: 142

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...

Category: Criminal Law | Date: | Hits: 91

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......s Banu, Senior Assistant Judge, Magura, in Title Suit No.140 of 1990 accepting the Advocate Commissioner’s report. 2. The facts of the case, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the C..

Category: Civil Law | Date: | Hits: 122

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......submitted that the materials on record indicate that the petitioner is supplying only data and information to their principal office in Seoul, Korea. They have not entered into any agreement with any party here in Bangladesh nor they opened LC for importing goods and selling those in the market. It ..

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......ring the appeal. While arguing a revisional application under section 115(1) of the Code of Civil Procedure, such an objection has been for the first time raised. The learned Advocate of the opposite party submits that the matter being got raised previously it cannot be raised now. Considering the e..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......amount mentioned in the notice dated 12-3-1994 was illegal and without jurisdiction. To add force to the submission so made the learned Advocate has referred to the decision (in which one of us was a party) in the case of Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others report..

Category: Fiscal/Taxation Law | Date: | Hits: 189

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473....... - For the Opposite Parties. Civil Revision No.17 of 1985. Judgment Muhammad Ismailuddin Sarker J.- This Rule at the instance of the defendant No.10 has been issued calling upon the opposite party to show cause why the impugned order dated 31.12.84 passed by the learned Munsif, First Court,..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....t this man was the caretaker of this land sold in auction, on behalf the petitioner Sarajubala. 4. The trial Court dismissed the application holding, inter alia, that the application suffered from defect of party as all the heirs of deceased Luthfur Rahman were not made a party that the applicant......ction took place on 6.2.64 and it was confirmed on 9.3.64 and the application for setting aside the sale mainly on the ground of fraud was made on 29.5.76. The ap­plication was contested by opposite party Nos.1-8 who appear to be the heirs of one Luthfur Rahman. The record shows that this Luthfur R..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....ht and left ankles, left hip and kidneys. In this case the claimant remained unconscious for three weeks, and as a result of the injuries he was liable to periodical attacks of dizziness, head-aches, defective speech and weakness in the right arm and right leg. In Suit No.8 of the 1960 decided by th......enly shocked due to accidental death of the deceased. 6. This suit was filed on 1-1-1991. The suit was dismissed for default on 29-1-2001. Thereafter, it was restored. The appellant was not made a party at the time of filing of the suit. Appellant was added as a party on 4-3-2003. After adding as..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......alat, which was renumbered as Artha Rin Case No.369 of 2005. The executing Court advertised on 21-3-2004 in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the ..

Category: Civil Law | Date: | Hits: 156

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the C..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceedi..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....in this Arbitration case. 13. Both the Courts-below also found that the application for Arbitration was rightly filed under section 28 of the Ordinance and the application does not suffer from any defect of parties. 14. The Appellate Tribunal further found that under sub-section 3 of section 1......possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section 3 of the Ordinance, the Government assessed the..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ultra vires and without jurisdic­tion and is of no legal effect and is against the prin­ciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party contested the suit by filing a written statement, inter alia, on the grounds that the suit is ..

Category: Employment/Service Law | Date: | Hits: 175