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Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......r the Respondent. Abdul Wadud Bhuiyan, Additional Attorney General—Amicus Curiae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. - This second Appeal raises the question of the legal status of the employees appointed by the District Councils later District Boar..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......aman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......nt case was started with the lodging of FIR on 17.12.2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29.10.2004. So in the instant case question of holding investigation by the Durnity Daman Commission or any authorized officer of the c..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......order we would now turn to and discuss the evidence adduced by the prosecution in this case. 11. The P.W.1 Suraiya deposed that the occurrence took place one and half years back. The wife of her landlord's son committed suicide by hanging. She saw her in hanging condition. Hearing hue and cry o......wer court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......om the above facts and circumstances, we are of the view that the death of the victim Onika Shikder Lucky is not a case of suicide by hanging, rather, a clear case of murder. 33. Now, the material question to be decided is who committed the murder of the victim Anika Shikder Lucky. In this cas..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....t the lease-hold right of the pro-forma defendant Nos. 8-12 has been transferred to the defendant No.1 by a deed dated 06.3.1993 and the pro-forma defendant Nos.2-7 and the defendant No.1 remained in possession. The plaintiff paid rent on behalf of the defendant Nos.2-7. The defendant No.1 along wit......ানে ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used as a tea garden as there was a tea garden upon the ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......y seem fit and proper. 2. This Court at the time of issuance of the Rule directed the parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the oppos..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....y apprehended accused convict petitioner Kazi Shakhawat and other accused Joybabu and recovered from the possession of the instant convict petitioner 10 bottlefuls of Indian phensidyle and from the possession of the other accused 5 bottle fills of Indian Phensidyle in presence of Raihan, Enamul an......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......ourts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......panies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......as customary for them to prepare a Statement of Account (hereinafter referred to as Statement) for every month by the first week of the following month stating the total sales figure for the month in question as well as the deductions made therefrom in respect of the commission and other related exp..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ...... Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polpen Shipping Company Ltd. Vs. Commercial union assurance Company Ltd., (1943) KB 161; St. John Pilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 7......jected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......hese two reason as the suit is barred by law, the same comes under the preview of order 7 rule 11 (d) of the Code of Civil Procedure 1908 and as such the plaint is liable to be rejected. 4. On the question of maintainability of the application under order 7 rule II of the code of civil procedure ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......lso Reported in: 16 MLR (HCD) (2011) 409. ......by 'Annexure-2' to the counter affidavit it would be apparent that the issue of damages was not raised and decided before the Tribunal or the High Court Division under the Customs Act and as such the question of res judicata in respect of the instant suit of the plaintiff for claim of damages does n..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Jurisdiction) (Jessore Bench) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Mrs. Nadira Rahman…………………………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The ......strator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her removal was concerned. This appears to have unduly and unnecessarily influenced bo..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......s Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... the trial Court has failed to conclude the trial of the petitioners within the time limit prescribed by section 339(c) Cr.P.C. Mr. Karim is harbouring under the impression that the proceeding in question is a proceeding instituted after the commencement of Ordinance No. XXIV of 1982. It is corr..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....by wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. The Official Liquidator is directed to take over possession of all properties movable and immovable of the aforesaid Air Route Service Limited immedi...... Services Limited having its office at 11/2, Toyenbee Circular Road, Motijheel Commercial Area, Dhaka. 2. The petitioner’s case is as follows: The petitioner is a company incorporated in Thailand and is engaged in the business of Air transportation of passengers and cargo. The petitioner ha......d report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......ity Taka 485,000.00 by the respondent would make the respondent No.1 liable to be wound up under sections 162 and 163 of the Companies Act. 1913 provided it is unable to pay the same. 10. The next question therefore is whether the respondent No.1 is able to pay this amount to the petitioner compa..Category: Company Law | Date: | Hits: 145
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....ted the commissioner's report and the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8......er's report and the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and de...... will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......n the final decree was sealed and signed by the trial Court a petition filed under section 151 of the Code of Civil Procedure is not maintainable. He further submits that if the final decree is to be questioned the aggrieved party may move the appellate Court and the same cannot be set aside under s..Category: Procedural Law | Date: | Hits: 112
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......rder be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......ained as a member of a class, or as filling a particular character," by this test and in view of the decision cited by Mr. Hyder Ali reported in 33 DLR (AD) 141 (SLM Nurul Huq Vs. State) where a question arose as to whether an order passed in review by the Sessions Judge under Regulation 4 of M..
Category: Constitutional Law | Date: | Hits: 259
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......eptember 9, 2010.
Result:
The Rule is made absolute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and others, WP No.887 of 2010.
Lawyers Involved:
Fida M Kamal, Advocate with Syeda Rezwan......s Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......as completed, the lands were identified through longitude and latitude. Relying on the above memos, the Department of Forest stated aforestation of mangrove species particularly kewra in the lands in question. Subsequently, a memo or respondent No.3, 30 October, 1996 informed all concerned that land..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....respect of the land and properties situated at 22/1, Babar Road and the trust was constituted by a Trust Deed executed by her on March 6, 1985 vide Registered Deed No.5915 and shehad also handed over possession of the properties to the trust itself; the petition of complaint disclose further that th...... at 22/1, Babar Road and the single storied building situated thereon; Atika Khanam was childless. Therefore, she constituted a Trust in the name of her husband Late Tamizuddin Khan on respect of the land and properties situated at 22/1, Babar Road and the trust was constituted by a Trust Deed execu......itted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......ed Advocate for the petitioners submits that petitioner No.1 as plaintiff instituted aforesaid Title Suit No.371 of 1998 impleading Ms. Ummay Kulsum Siddiqua Huda the alleged Chairman of the trust in question as defendant seeking (a) decree for a declaration of right, title and interest of the plain..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......e has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......amined 7 witnesses who stated that informant Mohammed Hossain, (driver) was not at all present at the time of the alleged occurrence and that one Assistant, namely, Farid was found driving a truck in question and running away immediately after the incident from the place of occurrence. On receipt of..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......984) 56. ......uasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, District Jud..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....1222 of Khatian No.891 under Samsherabad along with structures standing thereon on the ground that on the date of mortgage as well as attachment the judgment-debtor-opposite party Nos.2-4 were not in possession of the said property, the possession of the said property was delivered to the petitioner......lat and Joint District Judge, Court No.1, Lakshmipur. In the said execution case the petitioner filed an application on 19.5.2004 under Order XXI, Rule 58 C.P.C praying for exclusion of 0.42 acres of land appertaining to plot No.1222 of Khatian No.891 under Samsherabad along with structures standing...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... the Artha Rin Adalat Ain being the special statute providing to deposit 25% of the decretal amount as a pre-condition for filing an application by the 3rd party claimant is mandatory and as such the question of interference does not arise at all. Mr. Mamunur Rashid, finally submits that the grounds..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......is Case is also Reported in: 16 MLR (HCD) (2011) 201. ...... as 276. 9. They have contended that since the petitioner was the candidate for election to a different post i.e. president and he actively participated in the election process without raising any question before the departmental authorities about the legality of the voter list or about the elect..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....ary or any other person interested in a waqf, or a stranger, creates disturbances or obstruction in the peaceful management of the waqf or any institution attached thereto in any way, or disturbs the possession of a waqf property by the mutwalli or any person or a managing committee appointed by the......id, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance the Administrator of Waqfs sought to evict the plaintiffs from the suit lands alleging that the suit lands belonged to Hazi Fazar Ali Waqf Estate. In the plaint plaintiffs ....... Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisa......tion 102 of the Waqf Ordinance. Section 102 runs as follows : "102. Bar to Suits.‑ Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." To consider the submissions of Mr. Ali ..Category: Trust/Waqf Law | Date: | Hits: 131
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