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Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....16 dated 12-10-65. He also purchased 1.70 acres of land by 2 kabalas dated 18-11-66 and 2-2-73 from the same owner, which were adjacent to the case plot. By purchase he became a co-sharer in the case holding being khatian No. 89(66). 4. After purchase, the preemptor got his land mutated in hi......e Court of appeal below was justified in the facts and circumstances of the case and the evidence on record in allowing the prayer for preemption. 16. The facts which do riot admit of any controversy are that the application for preemption was made on 13-2-96 under section 96 of the State Acq..Category: Property Law | Date: | Hits: 28
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....442 and delivered possession. Record of rights was accordingly prepared in the names of said recorded tenants and the plaintiff in SA khatian No. 2190 in plot No. 6163. Said land was also recorded as holding No. 47 Lal Chan Mokim Lane in the office of defendant No. 4, the DCC. 5. Then, on the......n plot No. 6163. Said land was also recorded as holding No. 47 Lal Chan Mokim Lane in the office of defendant No. 4, the DCC. 5. Then, on the requisition of the erstwhile DIT for making a road over the Dholaikhal in LA Case No. 37/1961-62 land measuring 0.3018 acre out of said 0.6864 acre was..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ted 5-5-99 in Writ Petition No.2878 of 1998 and their Lordships in the Appellate Division having disposed of the leave petition by their judgment dated 17th March, 2002 dismissed the leave petition upholding the judgment of the High Court Division passed in Writ Petition No. 2876 of 1998 holding as ......tioner (In WP 2560 of 2004). Md. Humayun Kabir Bulbul, Advocate—For Respondent No. 6. Rajik-al-Jalil, Deputy Attorney-General with Sufia Ahmed, Assistant Attorney-General—For the Government- Respondents. Writ Petition No. 2711 & 2560 of 2004. Judgment N..Category: Civil Law | Date: | Hits: 67
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
.... of the Constitution of the People’s Republic of Bangladesh, have challenged under what authority respondent No.1 in Writ No. 953 of 1998 and respondent No. 3 in Writ Petition No. 3251 of 1997 were holding the office as Members of Parliament after being elected on 12-6-1996 in the 7th Parliament. ......pondent No. 3, a citizen of Bangladesh by birth acquired citizenship of the United States of America on 30-5-1991. Subsequently, he (respondent No. 3) again acquired citizenship of Bangladesh by the government on 21-11-1995 under Article 2B(2) of the Bangladesh Citizenship (Temporary Provisions) Ord..Category: Administrative Law | Date: | Hits: 356
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......reme Court High Court Division (Special Original Jurisdiction) Present: Mustafa Kamal J Mohammad Ismail Uddin Sarker J Mirza Shahab Ispahani....................Petitioner Vs. Government of the Peoples’ Republic of Bangladesh, represented by the Secretary, Ministry of Wo..Category: Immigration and Citizenship Law | Date: | Hits: 188
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....e and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The election was held peacefully in the constituency and election authority played a normal role in holding the election of the constituency. The petitioner of the original case was given right to fil......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
.... to him. 4. The plaintiff-petitioner accordingly, prayed for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedure which was rejected by the learned Senior Assistant Judge, holding that the preliminary decree will be disturbed if the amendment is allowed at this stage. ......ode of Civil Procedure. Thirdly, according to Mr. Kabir, the amendment sought for may be allowed at any stage of the suit or proceedings if it appears to the court that by the amendment the real controversy in between the parties is decided fairly. 8. In support of his contentions Mr. Kabir relie..Category: Property Law | Date: | Hits: 34
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....y respondent No.3 purported to have been started under Articles 31/50 of the Anti-Corruption Manual read with sections 94/116 Cr.P.C. by directing the petitioner to submit the documents and papers of holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the responden......the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....land at an increased price of Taka 20,00,000. Defendant No. 1 also in his written statement admitted in the agreement the time for performance was September 1990. PW 1 and PW 4 Sayeed Khan proved the holding of meeting and the decision taken therein. In view of such decision between the plaintiff an......ements were executed, in fact, it was an agreement amongst the plaintiff, defendant No. 1 and pro‑forma defendant Nos. 3 and 4 that defendant No. 1 would continue enjoying said 5.143 acres of land covered by two contracts and upon receipt of Taka 60,34,533 the remainder of the considerations from ..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....f course, in section 9 of the Ain, provisions for application of Chapter XX of the Code in trial of the cases. On perusal of the provision of Chapter XX of the Code we do not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the princ......s the vires of the same law and the vires of same Notification thereunder have been challenged and common question of law is involved and we are therefore, pronouncing this single order, which shall govern both the writ petitions. 4. The petitioners are accused in two separate cases as already me..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....e as stipulated, that all the documents required under the LC were dispatched to the defendant, that there was no discrepancy in any of the documents, that they did never intimate them that they were holding the documents at the disposal of the plaintiff, that if the issuing bank refuses payment und......f exchange they did not file any document showing payment to the supplier, that the bill of exchange is the order by the supplier on the importer to pay a certain sum of money to a certain person to cover the value of the goods exported, that he did not remember whether in the plaint he stated the f..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....dgment. Reference can be made to the case of Bhulu Rani Shaha and another vs. Pranballav Podder and another, 5 BLC (AP) 122. 20. What is painful in this case is that the learned Magistrate who was holding trial and deciding guilt or innocence of some person put to trial in a Criminal prosecution ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
....not arise at all. And not a single condition of Environment clearance certificate was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken...... Division
(Special Original Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referr..
Category: Environmental Law | Date: | Hits: 226
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
.... incidentally averred that summons of the suit in which ex parte decree was obtained also suppressed and not served upon the defendant of the said suit. He also submits that the courts below erred in holding that the remedy sought as provided in Order 9 rule 13 CPC against ex parte decree is without......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... of the chartered accountant as required under law and on being satisfied with the returns submitted by the petitioner in all the years of assessment were accepted by the Deputy Commissioner of Taxes holding that the Income Tax returns submitted showing profit and loss were duly examined and certifi......submitted the returns. It is then stated that the petitioner stopped disclosing the Head Office expenses in its profit and loss account and kept on remitting the said amount to the Head Office under cover of profit. It is further stated that when it came to the notice of the Deputy Commissioner, Tax..Category: Fiscal/Taxation Law | Date: | Hits: 132
....decessor late Md. Ali Akbar against which their predecessor-in-interest filed case being No.1084 of 1992 before the Court of Settlement, Dhaka and the same was dismissed by its judgment dated 15-9-97 holding the case as have been barred by limitation. The case house does not fall within the mischief......ereon four small huts in which they are residing on payment of Municipal taxes. The case property was duly mutated in the name of their predecessor late Md. Ali Akbar and they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predece..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ahid freedom fighters should not be deprived of the 30% quota reserved in favour of them. 20. In furtherance of the aforesaid policy decision, the Government has taken a special welfare scheme for holding 23rd BCS (Special) Examination, 2000 for the recruitment of the freedom fighters and the chi......ondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Civil Petitions for Leave to Appeal Nos. 1292 & 908-912 of 2002, dated July 30, 2004 contention of the learned Counsel for the RAJUK was to the effect that the High Court Division was in error in holding that RAJUK must allot alternative plots to the writ petitioners who are in fact the affected......re not affected persons and, as such, no allotment was made in their favour. After payment of compensation to the bona fide affected persons the ADC (LA), on behalf of the Deputy Commissioner, handed over physical possession of the acquisitioned lands of Bailjuree Mouza to RAJUK on 18-9-90, 23-9-90,..Category: Property Law | Date: | Hits: 34
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....e of enquiry. He on receipt of such notice informed the defendant No. 6 that due to illness he was not in a position to appear before him at Khulna and requested him to make necessary arrangement for holding enquiry at Mymensingh, but in vain. The defendant Nos. 6-8, the members of the Enquiry Board......osted at Mymensingh Branch of the Bank. While he was working there on 13-5-1989 he met with a road accident and his both hands were fractured. He was under treatment for about 5/6 months and after recovery he joined in his office at Mymensingh Branch in the month of November 1989. In spite of specif..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....gned judgment and decree that the appellate Court below without discussing the evidence on record allowed the appeal reversing the judgment and decree passed by the trial Court in a slipshod judgment holding that the summons were not duly served upon the Government. But from the discussions above it......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Ju..Category: Property Law | Date: | Hits: 32
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