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State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......y initiation. It is true that by this judgment we, are declaring the detention of the detenu Nazrul Islam illegal and directing his release from jail custody, but we are sorry that neither we nor any power on earth can give him back the golden period of 12 years of his life which he lost in differen......…………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila Barse Vs. Union of India, 1......at when a child is arrested in a non‑bailable offence and cannot be brought forthwith before the Court, the Officer‑in‑Charge of the police station may release him on bail and if bail cannot be granted, the officer‑in‑charge of the police station shall keep him detained in a remand home or..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......er No.1 named, Ashfaq Tapan Rahman purÂchased in total 43.75 decimals of land from plot Nos.51 and 49 by three registered kabala deeds. Subsequently, Ashfaque Chowdhury and Hamida Rahman executed to power of attorney deeds empowering the petitioner No.1 for maintaining possession and taking all nec......itioner. A. F. Hasan Ariff, Senior Advocate instructÂed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the High Court...... of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others…………………………….......Respondents Order June 22, 2011. Result: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate with Mahbubey Alam, Senior Advocate..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ision found that the writ-petitioner could invoke the jurisdiction under the Trade Mark Act as well as other jurisdiction and could intimate the same to the customs authority which has been given the power of prohibiting importation of goods under section 50 of the Customs Act, 1969, yet they opined......ior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of June, 2008 pa....................Petitioner (In both the cases) Vs. Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Syed Mahbubar Rahman,..Category: Fiscal/Taxation Law | Date: | Hits: 168
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......In this case it appears from the record that the trial Court granted several dates for filing the written statement and as it was filed beyond the Lime given, it was rejected. Order 8 Rule 1(1) CPC empowers a Court to reject a written statement where it is filed beyond the time allowed by the Court.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Siraj Miah and others…………………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 ......to present a written statement of his defence before the first hearing or within such time not exceeding 2 months as the Court may permit. In this case it appears from the record that the trial Court granted several dates for filing the written statement and as it was filed beyond the Lime given, it..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......lier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has not been vested with any statutory power to entertain and dispose of any review petition and as such his order is liable to be declared......dhury J Mustafa Kamal and others…………………….Petitioners (Writ Petition No.207 of 1986) Sebera Begum……………………Petitioner (Writ Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgm......s Administrative Control. 16. Rule 36 of the State Acquisition and Tenancy Rules, 1951 speaks of Grant and Revision of certificate under section 20(4) which reads as follows: "The authority for granting a certificate under sub‑section (4) of section 20 shall be the Collector of the District,..Category: Property Law | Date: | Hits: 73
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......re where the petitioner sat for examination and that the answer scripts were written by using some of the those blank scripts kept at the residence of the petitioner's father. He misused his official power by giving undue advantage to his son to adopt unfair means in the examination and the said adv......ner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
December 18, 1991.
Result:
The Rule is discharged.
Cases Referred to-
Mukand Madhav Singh Vs. Agra University and another, 1961 AIR (Allahabad) 301; Mohinder Singh......mine the witnesses, the decision of the respondents is arbitrary and without lawful authority. It was also the case of the petitioner that after the result was published, declared and certificate was granted, the petitioner cannot be deprived of his right to hold the certificate after publication of..
Category: Civil Law | Date: | Hits: 159
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
Order
January 27, 2011.
Result:
Leave is granted.
Lawyers Involved:
Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner.
M. A. Mannan, Se......oners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
Order
January 27, 2011.
Result:
Leave is granted.
Lawyers Involved:
Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate..
Category: Property Law | Date: | Hits: 76
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......g dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
Judgment
January 18, 2011.
Result:
The petition is dismissed.
Case Referred to-
43 DLR (AD) 12.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by A....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......thers……………………...........Respondents (In Civil Petition No. 1772 of 2010) Order January 17, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda Regum, Advocate-on-Record-For the Petitioners (In all the......ivil Petition No.1369 of 2010) Md. Zafirul Islam and others……………………...........Respondents (In Civil Petition No. 1772 of 2010) Order January 17, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ...... Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the High Court ......nental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Result: Leave is granted. Lawyers Involved: Dr. A. K. M. Ali, Advocate instructed by Muhammad Nawab Ali, Advoca..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......also on a correct and proper analysis of the legal aspects involved in the suit land the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercisÂing of power under Section 115(1) of the Code of Civil Procedure." 8. The learned Advocate appearing for...... Lawyers Involved: Nikhil Kumar Saha, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No. 731of 2009. (From the judgment and order dated 22nd 1January, 2009 passed by the Hi......t District Judge, Additional Court, Rajshahi, allowÂing the appeal and thereby setting aside the judgment and decree passed by the trial Court decreeing the suit and restrainÂing the defendants, by granting permanent injunction, from creating any disturbance in the peaceful possession of the plain..Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on ......nce by the learned trial Court was in contravention of sections 91 and section 92 of the Evidence Act. Section 91 of the Evidence Act runs as follows: "91. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in a..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......had to be counted as working days of the Court. In counting working days only the Fridays, the holidays and the days on which the Presiding Judge was absent on leave and not relieved by a Judge, with power to try the case could be excluded from the working days of the Court. 9. This being the pos......€¦Petitioners Vs. State……………………Opposite Party (Criminal Revision No.1702 of 1991). Judgment February 18, 1993. Result: The Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Maulvi Muhammad Jamil and ot......tion witnesses. Upon a prayer from the State that day the next trial date was fixed on 6.11.90. Upon subsequent prayers from the prosecution and also from defence numerous adjournments for trial were granted by the Court till 10.7.91 when the prosecution filed hajira of 4 witnesses and the Court gav..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......ported in 38 DLR 4, of course in this case the revisional application was filed against an order of discharge, but in the decision the requirements for the fulfilment of the conditions for exercising power under section 241A Cr.P.C. have been specifically enumerated in paragraph No.8 of the decision......dar……………………Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Ham...... made above and then pass appropriate order either framing charge against the accused petitioner or discharging him whatever is warranted in the facts and circumstances of the case. The order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Cou..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......se is also Reported in: 45 DLR (HCD) (1993) 601.
......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......on unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that no Magistrate of the 3rd Class, and no Magistrate of the 2nd class not specially empowered in this behalf by the (Government) shall authorise detention in the custody of the police).â......m J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakis......tor of Police, Dhaka Metropolitan Police Dhaka, filed an application through the public prosecutor in the Court to the Additional Sessions Judge for cancellation of the bail of the accused petitioner granted on 21.6.93 and for remand of the accused in police custody. The said application was rejecte..Category: Criminal Law | Date: | Hits: 87
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......ation or to extend it in hard cases relating to application of section 151 CPC. It is submitted that Order 41 rule 19 CPC read with Article 168 Limitation Act are exhaustive and therefore no inherent power remaining with the High Court to allow the appeals which are time barred and to set aside on o......ers…………………….Petitioners Vs. Abdul Majid and others………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain S......ly no application under section 5 of Limitation Act seeking condonation of delay was filed along with an application for readmission. Even if such application would have been filed no relief could be granted inasmuch as no general discretion has been given to the Court to waive the period of limitat..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......nstitution, rests on the same footing as other contracts. The parties retain their personal rights against each other as well as against strangers; and, according to the majority of the schools, have power to dissolve the marriage-tie, should circumstances render this desirable. 13. To use the w......¦â€¦.Appellant. Vs. Anowar Hossain…………………………………………………….. Respondent. Judgment July 31, 2011. Result: The Appeal is allowed. Cases Referred to- Asha B.V. Kadir B., (1909) 33 Mad 22, Abdul Kaidr V. Salina, (1886) 8 All. 149(155), Moung Ky...... failed to prove the marriage by examining competent witnesses her claim of marriage falls to the ground and that mere living together did not bring her within the bounds of marriage. 5. Leave was granted to consider on three points, as to (1) whether non-registration of the marriage under Mohamm..Category: Family Law | Date: | Hits: 318
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......
6. Section 4(3) of the Local Government (Union Parishads) Ordinance, 1983 provides as follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both ......
December 19, 1991.
Result
The application is summarily rejected.
Lawyers Involved:
Habibul Islam Bhuiyan with Asaduzzaman, Advocates ‑ For the Petitioner.
AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1.
Writ Petition No. 3096 of 1991.
Judgment
Fazle ......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......mudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application filed under Order 11, rule 15 for a direction upon the plaintiffs to file the document referred to in the plaint in Court for inspection of the defendants. 2. The ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..Category: Property Law | Date: | Hits: 55
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