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M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......law that the plaintiffs position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of advalorem Court fees. In that case the pl......Taka 36,0000/- from the said case, although the rent was being deposited by the defendant No. 4 in the name of the plaintiff. The defendant No. 1 and 2 (appellants) were not entitled to withdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaint..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......ag the suit and therefore, the learned Judge of the trial Court rightly rejected the same. He further submits that amendment of plaint and that of a written statement are not governed by exactly same principle. The defendant should not be allowed to bring alternative and different kind of defense, w......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......r permanent tenure-holder, such person shall have no right to hold the land as the raiyat but shall hold it as a proprietor or permanent tenure-holder as the case may be. By the amendment of 1907 the principle of merger as contem­plated in section 22 was altered. The most important incident of merg......oprietor in the local area or estate; (f) the rent payable at time the record-of-rights is being prepared, as well as the rent determined as fair and equitable according to rules 28-30; (g) the amount payable in respect of any rights of pasturage, forest-rights, rights ever fisheries and the l..

Category: Property Law | Date: | Hits: 85

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......azle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) at page 9 = 48 DLR (AD) 178, his Lordship ATM Afazal J, (as his Lordship then was) has observed: “Consistently with the principle that there is to be an end to litigation, it is now well recognised that review is not an ......he argument. For the same reason we refrain from discussing the other decision cited by the learned Counsel, namely, the case of Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108. 12. Considering the paramount consideration that there should be an end to litigation, the court is reluctant to entertain ..

Category: Property Law | Date: | Hits: 89

Maudud Vs. State, 1998, 27 CLC (HCD)

....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......ly as at present there is no Sub-Divisional Magistrate. Learned Advocate not only lost sight of Rule 33 but also forgot that rules cannot supersede the provision of the parent Act. It is well settled principle of interpretation that rule being subordinate legislation made by the Executive authority ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..

Category: Criminal Law | Date: | Hits: 87

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......alf of the respondent No.1 candidly submits that the respondent No.1 took loan sanctioned on 16-4-96 for Taka 5,04,000.00 and after construction of the house for which he took loan he repaid the loan amount and applied for the second time. He took loan on 8-5-97 of Taka 4,96,000.00 from the House Bu..

Category: Election Law | Date: | Hits: 153

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......e added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On perusal of the application filed under Order 22, rule 10...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ndent contested the Title Suit of the plaintiff by filing a written statement contending, inter alia, that the suit was not maintainable in the present form and the same was barred by limitation, the principles of estoppel, waiver and acquiescence and it was further contended that the allegations ma...... to the said defendant Santosh Kumar Paul and the said defendant was directed to execute and register the Kabala deed within 30 days from the date of receipt of notice of deposit of the above balance amount of the consideration money in Court by the plaintiff (present respondent) in default, the pla..

Category: Procedural Law | Date: | Hits: 129

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......ity and environment. 10. There is no gainsaying the fact that the petitioner did not violate any of the terms and con­ditions of the lease-agreement. It is also admitted that he paid the required amount of royalty along with VAT in favour of the authority before embark­ing upon stone-extraction..

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......rred by res judicata. In support of his contentions, the learned Counsel refers the case of Md. Emdadduddin Sk Vs. Atiqur Rahman reported in 1989 BLD 253 =42 DLR 416 wherein it has been held: "The principle applies as between two stages of the same litigation to this extent that a Court having at......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......ed medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999. It has been further submitted that the respondents have violated the principle of natural justice in not giving an opportunity of being heard before stopping the allowan......should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or f..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... “’Tax' on the annul value of buildings and lands subject to the Rules made in thin behalf, the tax may be levied at a rate not exceeding 17% of the annual value of buildings and lands and the amount less than a rupee may be roun­ded off to a rupee: Provided that where the urban immov­ab..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......o act as agent of Steamer and Vessels. The learned Judges also held that the appellant has not been penalised for any misconduct and even if by the impugned order the appellant "was penalised yet the principles of natural justice would not be applicable in forum as the impugned order has been passed......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....llowed the petitioner's com­pany National Cold Storages Ltd. to pay its out­standing dues of Taka 94.02 lakh as interest free loan and petitioner's company was directed to pay Taka 23,50,500 in two installments as down pay­ment of the said outstanding amounts and the peti­tioner being Director o...... 22. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44=2 BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......s Ltd. to pay its out­standing dues of Taka 94.02 lakh as interest free loan and petitioner's company was directed to pay Taka 23,50,500 in two installments as down pay­ment of the said outstanding amounts and the peti­tioner being Director of National Cold storage Ltd. issued two cheques of Taka..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... this application under section 561A of the Code of Criminal Procedure making direct surren­der before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So the application under section 561......Alamgir and Habibur Rahman Mollah. It is further contended that no independent offence having been disclosed against the accused-petitioner, the crimi­nal proceeding, so far it relates to her, would amount an abuse of process of the Court; and as such it is liable to be quashed. 5. Mr. AKM Fazl..

Category: Criminal Law | Date: | Hits: 100

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......whose favour the Civil Court decree stands. With reference to a decision of the Privy Council, in the case of Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC) Mr. S.R. Pal submitted that the principle of law laid down therein has not been properly appreciated by the learned Judge of the Hig....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...

Category: Criminal Law | Date: | Hits: 94

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... neither the Government had framed any rules nor the Corporation had made any regulations. The laches on the part of the rule making authority or the Corporation cannot be pleaded as a defence on the principle that no one can take advan­tage of his own wrong. The services of these two respondents w......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ...... or any other law for the time being in force, for the control of house-rent, apply, the Deputy Commissioner shall have regard to those provisions, so that the compensation awarded may not exceed the amount of rent allowable in respect of such property under those provisions; and." We note that t..

Category: Property Law | Date: | Hits: 106

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ct. That the pre-emptee was a stranger to the case holding. That know­ing about the case transfer the pre-emptors filed the case within the statutory period of limitation on depositing the requisite amount. 5. The pre-emptee opposite party contest­ed that case by filing written objection. His m..

Category: Property Law | Date: | Hits: 98

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......also present there but, inspite of the request of all, the accused compelled him to pay Tk. 33,000/- and the informant managed to save the situation by giving commitment of making payment of the rest amount within one month; that during receiving 'chanda' (subscription obtained by force) the accused..

Category: Criminal Law | Date: | Hits: 143