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Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ly Welfare dated 5-7-2010 the Civil Surgeon, Sunam­ganj, issued ante-dated appointment letters. So, the disputed appointments given by the Civil Surgeon, Sunamganj, are liable to be declared without lawful authority. 9. The respondent No.1 entered appearances in this Writ petition but he did not..

Category: Employment/Service Law | Date: | Hits: 148

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......Deputy Commissioner, Chandpur and others……………………….Respondents Judgment June 3, 2007. Result: The Rule is discharged. In the absence of original documents, a court of law cannot rely on Photostat documents only as those documents do not have any evidentiary value und..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... the property as vested property the Government should take over the posses­sion or listed the same in the census list, but it started the V.P. case in the year 1988 which has no value in the eye of law and as such the same is illegal and void. . . Since the law on enemy property itself died with t..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ...... the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of respon­dent No.5 and others in Taj Jute Backing Company Limited should not be declared to have been made without lawful authority andis of no legal effect and/or to pass such other or further order or orders as to..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......51 B.S. were acted upon, but the Appellate Court without properly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issu..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......late Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…â..

Category: Constitutional Law | Date: | Hits: 147

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......icial Magistrate, Naogaon. 2. Prosecution case, in short, inter alia, is that on 28.3.09 one Md. Dasharat Ullah lodged an FIR with the Manda Police Station alleging that on 26.3.09 his daughter-in-law Parvin took 20/25 ripe tomatoes from the land of his uncle Md. Rafizuddin thereby caused family ..

Category: Criminal Law | Date: | Hits: 87

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......1965 and 31st July, 1966 said to have been executed by Samir Kumar Chowdhury were forged and collusive. The plaintiff along with his brother Ershad Ali was influential persons and taking advantage of lawlessness after the liberation of Bangladesh forcibly entered into the suit property and evicted t..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......071 of 2008 Judgment  SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/2007-2008 to ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. .....................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law  Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary im..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......000 came into operation. 7. Leave was granted in the following terms:- "The learned counsel for the petition­ers of the leave petitions submitted that High Court Division fell into an error of law in not considering that section 4 of the VAT Act though provides the effective date for collecti..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......d multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action in different Courts; (vi) Where common questions of law and fact arise in two suits; (vii) Where considerable section of public is interested in the ..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... the Cargo yet the Cargo cannot be delivered to him. 9. The learned Senior Advocate Mr. M Hafizullah, contends that the vessel is now facing hug financial prejudice as it has been arrested without lawful cause by the plaintiff. 10. The learned senior Advocate Dr. M Zahir, appearing on behalf o..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ntention without formation of any opinion as to the purpose of the acquisition the entire proceedings should be vitiated and, as such, the acquisition proceedings should be declared to be without any lawful authority………………………………(20) Cases Referred to- Sankar Gopal Chatt..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ...... appointed in terms of the provision of section 20(2) of the Anti-Corruption Commis­sion Act, 2004 by way of Gazette Notification, so the entire investigation by an unauthorized officer is totally unlawful for which the proceeding as initiat­ed against the accused-petitioner cannot be contin­ued...

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A   Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amend­ment..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......desh...................Petitioners Vs. Abdul Malek……………………..Opposite Party Judgment March 18, 2007. Result: The Rule is discharged. The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......ment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return of income is so filed on behalf..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... proved that at the date of birth of the child a valid marriage existed between the mother of the child and the father. Where a man and woman are proved to have lived together as husband and wife the law will presume, unless the contrary be clearly proved, that they were living together in consequen..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......Government from leasing out the two tanks till the disposal of the suit. 5. Defendant No.1 has opposed the application. They have alleged that the bazar in question have vested in Government under law and that the defendant are realising tolls from the bazar and that the bazar has been put to auc..

Category: Property Law | Date: | Hits: 74