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Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....inter alia, that the petitioner was a permanent Nikah Registrar for Ward Nos.15, 16, 17 of Dhaka City Corporation which were subsequently renumbered as Ward Nos. 46, 47 and 48. Upon the allegation of solemnisation of marriage of a minor couple notice was issued to him to show cause as to why his lic......ivorces (Registration) Act of 1974 (LII of 1974) providing section 4 thereof that for the purpose of the registration of marriages, the Government shall grant licence to such number of persons, to be called Nikah Registrars, as it may deem necessary, for such areas as may specify, provided that not ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....ered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite party No. 2 and also in the name of pre-emptee-petitioner and pre-emptor opposite party ceased to be a co-sharer in pr......r Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking this Court’s Civil Revisional Jurisdiction......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... Ali J Mojibul Haque (Md)………………….Petitioner Vs. Ataur Rahman and others……………Opposite Parties Judgment November 7, 2000. Cases Referred To- AIR 1959 (Mysore) 75 & 47 DLR 261. Lawyers Involved: AF Hassan Arif Advocate—For the Petitioner. ...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... he appeal by the impugned Judgment and order. 6. The Learned Additional District Judge, as it appears from the Judgment found that the plaintiffs have no arguable case and they will not stain any loss and injury and that the balance of convenience and inconvenience is in favour of the defendants..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....rt facts of the case are that one Md Mojiruddin as informant lodged a first information report with Haripur Police Station against present-accused-petitioner and alleging, inter alia, that his eldest son was severely and grievously assaulted by the accused-persons including accused-petitioner who di......ugned judgment and order passed on the application filed before the learned Sessions Judge under section 439A of the Code of Criminal Procedure. 5. The learned Advocate for the petitioner was thus called upon to answer the only and moot point of the Case whether a second revision under section 43......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being called for have been received. ......s issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being called for have been received. 3. It appears that on 4-11-2000 one Md. Kechua Mamud lodged a Firs...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co. Ltd. 126 ITR 340 and the Case of CIT Vs. Johanson Pumps (India) Ltd. 17......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......20,50,664.00 as excess perquisites under section 30(e) of IT Ordinance of 1984. (iv) Whether the Taxes Appellate Tribunal was justified in law in partially maintaining disallowance from profit and loss accounts in respect of the following expenses: (a)Telephone expenses Taka 50,000.00 (b)Tr..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....s dewatering. Originally, 90,678 square feet with the depth of 28 feet was to be pumped out. But for change of the original design 1,51,001 square feet with depth of 37 feet water was dewatered. He also claimed Taka 15,24,221.30, for the difference he had to incur loss for purchase of MS Rod at the ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ...... feet was to be pumped out. But for change of the original design 1,51,001 square feet with depth of 37 feet water was dewatered. He also claimed Taka 15,24,221.30, for the difference he had to incur loss for purchase of MS Rod at the rate of Taka 8,124.00 per ton in place of estimated price of Taka..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....t case before us as we find from the petition of complaint, there was nothing to show that the petitioner made any specific promise of making payment within a specified time. In the instant case we also find that the transaction between the parties was a business transaction. The accused petitioner ......t Opposite Party. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.172/99) pendin...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....ir legal right of hearing which has occasioned serious failure of justice. He further submits that the learned Court after considering all the facts, circumstances, the documents of the parties and also the Commissioner’s report granted ad-interim injunction restraining the contesting defendants a......, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose. (2) Such book shall be called the Register of Appeals. According to the above provision the Appellate Court shall register ....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
.... of tin shed there was serious bitterness between the parties, that at about 9.00 p.m. in the night following June 29, 1990 P.W.1 went to sleep in his north bhiti hut and other inmates of the house also went to sleep and at about 1.00 hour of 30th June, 1990 the informant and other inmates of the ho....... In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 8. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the Penal Code to which t......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
....
2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of possession upon declaration of title over 1.91 acres of land and for recovery of khas possession after eviction and also for permanent injunction restraining the defendants from entering into the schedule land and no......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......uit land, are the employees of defendants. The plaintiffs also produced the supporting documents relating to death of Kabir Ahmed marked as exhibit 1 series. The defendants in view of their alleged loss of the original sale deed produced the relevant register from the office of the Sub-Registrar t..
Category: Property Law | Date: | Hits: 38
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....d order dated 18.05.2009 passed by the High Court Division in Civil Revision No.820 of 1997 against the judgment and decree dated 30.10.1996 passed by the learned Subordinate Judge, Court No. 2, Jessore in Title Appeal No.239 of 1987 reversing the judgment and decree dated 30.08.1987 passed by the......s also executed a registered kabuliyat on 02.01.1979 for the said 24 decimals of land in favour of the defendant No.1. After registration of the aforesaid kabuliyat the plaintiff has created the so-called collusive kabala dated 22.02.1979 and when the plaintiff on the basis of the said deed dated ......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478...Category: Property Law | Date: | Hits: 27
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....res i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software development, telecommunications and all types of information communication services and a......inancial loss; that the pro forma respondent No.2 company was actually a one man show where the respondent No.1, Delwar H. Khan was the pioneer with 66% share who from the very commencement of his so-called business proceeded in an unfair manner so as to misappropriate public money and the High Cour......12.2000 were audited by M/s. M. J. Abedin & Co., Chartered Accountants. The said firm of Chartered Accountants submitted its audit report on 12.03.2001 which shows that the Company had incurred a loss of TK.4, 29,072/-that year. 14. The Company also obtained credit facilities from Internation..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....ioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petition No. 891 of 1994 Order In this matter earlier on the application of Bangladesh Environmental Lawyers Association (BELA), a Rule was issued on 6.6.1994 in respect of pollution in Bangladesh. The Rule was ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ...... effluence disgorged by the tanneries, mills and factories. These are not rivers any more. We have seen the pictures of those pools of chemicals which were once picturesque rivers. We are simply at a loss, seeing the horrendous situation of such an incredible magnitude. Admittedly, the ground water ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Env......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......liberation with considerable hesitation, allowed the plant to restart but subject to many a safety measures. P.N. Bhagwati, CJ in considering the delicate issue involving closure of the plant causing loss of jobs to the hundreds of employees, economic loss to the Company and other ancillary issues, ..Category: Environmental Law | Date: | Hits: 345
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....e Station Case No. 26 dated 06.03.2007 convicting the respondent under Section 27(1) of the Anti Corruption Commission Act, 2007 and section 109 of the Penal Code sentencing him to suffer simple imprisonment for 3 (three) years and to pay a fine of Tk. 1,00,000/- (one lac) in default to suffer simpl......ivision as an Advocate, he was arrested on 22.02.2007 and therefore, he could not appear in the exam for enrolment in the High Court Division by the Bangladesh Bar Council. The present respondent was called to the Bar by the Hon'ble Society of Lincoln's Inn in the United Kingdom on 02.07.2004. The p......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ..Category: Criminal Law | Date: | Hits: 51
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
.... RS Khatian. One Abdus Sobahan purchased the Case land and other lands from the rightful owners by registered kabala dated 10-2-1939 and owned possessed the same. Thereafter Abdus Sobhan died leaving son Abdus Samad, daughter Arora Khatun and wife Nasua Khatun to succeed him. Subsequently, Nasua Kha......d Advocate appearing for the appellant submits that having regard to the fact that the kabalas under pre-emption were executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to b......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..Category: Property Law | Date: | Hits: 22
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have ac......ged and the Affidavit was sworn fraudulently in the name of defendant opposite party No. 3, Golam Sattar. It is also asserted that the defendants opposite party Nos. 3-5 had no knowledge about the so-called compromise and by practicing fraud the applications for compromise were presented before this......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..Category: Property Law | Date: | Hits: 21
....summarily. In recording dismissal of the appeal on rejecting the petition under section 5 of the Limitation Act, learned District Judge took into account all facts and circumstances of the Case and also considered submission and the authorities relied upon by learned Advocates in support of their co......pplication under section 5 of the Limitation Act had been presented for condonation of the said delay.
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the judgment and decre......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183...
Category: Limitation Law | Date: | Hits: 152
....atra Parishad (BSP) Vs. Bangladesh, 1992 BLD (AD) 153 = 43 DLR (AD) 112; Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh and others 43 DLR 424; Bangladesh Retired Government Employees Welfare Association Vs. Bangladesh 46 DLR 426; Abu Bakar Siddique Vs. Justice Shahabuddin Ahmed and others 1 B......r who is the Secretary General of Bangladesh Human Rights Commission. They have filed this petition under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh (hereinafter called 'the Constitution") challenging the appointment of Mr. Justice Md. Gholam Rabbani and Mr. Jus...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
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Category: Constitutional Law | Date: | Hits: 126
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