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Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....30); Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation (1948 1K B 223); Education Secretary Vs. Tameside Council (1977 Ac 1014); Lazarus Estates Ltd. Vs. Beaseley 1956 1QB 702; Jaichand Vs. West Bengal (AIR 1967 SC 483); Shearer Vs. Shield 1914 AC 808). Lawyers Involved: Abd......ee that the government has been following the recognised method in this regard. The allegation of yielding to pressure are rhetoric only. All blocks are not being awarded simultaneously. It should be noted that any award shall have an incubation period of at least 5-7 years before that block can, if..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... rice by the accused appellant, the accused appellant is entitled to acquittal on benefit of doubt. 9. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the prosecution has proved the guilt of the accused appellant by most consistent ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....d wealth and resources disproportionate to her known sources of income. In the absence of any such positive and definite materials above allegation will be obviously vague and ambiguous. On the other hand the petitioner filed Annexure X-X(1) (Annexure D-D(1) i.e. her Income Tax return and wealth ass......he decision in the case of Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others reported in 49 DLR 599 in which the word ‘Government’ was explained to the effect that “Government denotes the person or body of persons administering laws and governing the state……………” So ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu ......Ekrarnama’. 18. The appellate Court further held that defendants 1 and 2 are purchasers for value without notice of the ‘Ekrarnama’, Exhibit 1, probably, on the reasons stated above. It also noted that the plaintiff could not produce any competent and reliable evidences to prove that the de..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....posite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the plaint being CC Suit No.402 of 1982 in the Court of Subordinate Judge, Rajshahi against late, Khandaker Mafizuddin predecessor-in-interest of the petitioner as sole defendant. 3. The case of t......nu Bibi and others reported in 986 BLD 432. 13. I have heard the learned Advocate at length and perused the application papers annexed and the case laws cited at the Bar. 14. It is pertinent to note that in view of the provision laid down in Order 22 of the Code of Civil Procedure on the death..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....ed under the Ordinance to appear before a Family Court otherwise than as a witness is a pardahnashin lady, the Family Court may permit her to be represented by a duly authorised agent. In the case in hand the defendant-petitioner is the husband of the plaintiff-opposite-party and he is male and not ......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... contention relies on the decisions reported in 29 ITR 30, 51 ITR (SC) 557 and 145 ITR 225. 5. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General, appearing for the department, on the other hand, submits that for the assessee applicant it was obligatory on his part to file the return for t......ssing authority in response to that notice as well. Thereafter the hearing was adjourned on several occasions and by an order dated 26-4-83 the case was fixed for hearing again on 16-5-83. There is a note dated 7-8-82 that the assessee refused to accept the notice. Be that as it may no further date ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....High Court Division took the view that the suit is ban by principles of res judicata. The Appellate Division in the context of the aforesaid findings of the High Court Division held: “7. Mr. MR Khandker, the learned Counsel appearing for the plaintiffs-appellants, canvassed that the earlier sui......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ted in the less developed areas and al the same time 100% export oriented. Next, he has argued that the office order of BSRS dated 19.9.82 is applicable only to future borrowers. 15. On the other hand, Mr. Aktar Imam has submitted that the plaintiff is entitled to get the benefit of paying inter......rrowers at simple rate of interest in five annual installments after the unit goes into production. This would apply to all future commitments / sanctions. All concerned are requested to take note for due compliance. Sd/- (A.A. Qureshi) Managing Director 20. The question is wheth..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....edure has been ousted by the provision of Rule 19(Gha) of the Emergency Power Rules and by impugned judgment the High Court Division has decided the academic question without reference to the case in hand and declaring a general proposition divorced and detached from any particular case before the H......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....nder section 10(2)(g) to construct, maintain, operate all means and appliances for berthing, loading and discharging vessels and argues that procurement of four rail mounted quay gantry cranes is for handling containers for the purpose of berthing, loading and discharging the vessels and such procur......fied. In this regard, we are explaining this point as follows: (1) Referring to Chapter 6.1(List of customers and supply records delivered for the last. 5 years) of our Bidding document, please note that the total supplied Cranes are 35 Nos. in the last 5(five) years (1994-1998) instead of the..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ction Commission and others, 1996 BLD (AD) 204 = 48 DLR (AD) 208; Vikram Anand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur ......ed herein below in some detail. Relevant portion of Form (B) is reproduced as under: “(His application for leave to appeal to…………………….. is pending consideration).” But it is noted that the respondent No.1 Additional Secretary, Parliament Secretariat, by the impugned notific..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... and three daughters in the North-bhiti hut, the appellant the eldest son of her elder co-wife with one daughter and wife in the West-bhiti hut and her husband deceased Azitullah with her eldest son Chand Ali on the cot and Zayeeb, another son of her co-wife, cowboy of the house M Akbar, Yeasin and ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
.... 3. The learned Subordinate Judge allowed the application filed by the third party opposite party and rejected the application filed by the decree-holder petitioner and directed the decree-holder to hand over possession of the schedule ‘Kha’ property in favour of third party opposite party. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....illegally vacated the order of injunction and thereby has committed an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits that on a plain reading of the plaint, the relief claimed therein is barred under sect......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ishtiaq Ahme......it has to be also determined whether the event complained of amounts to resignation from his party or voting in Parliament against party within the meaning of Article 70(1) of the Constitution. It is noted from the letter dated 24-2-2000 addressed to the Speaker by respondent No.5 Hossain Mohammad E..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......ferring to the decision in the case of Ain-O-Shalish-Kendro (ASK) and others Vs. Government of Bangladesh and others i.e. Writ Petition No. 3034 of 1999, submitted that, Court Division has also taken note of the problem and appreciated the steps taken by the Government for rehabilitating the basti p..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 B......ived the entire consideration money. The plaintiff thereafter requested the defendant No.1 to execute and register the deed sale but the defendant No.1 did not pay any heed to it. And hence the above noted suit for Specific Performance of Contract. It is the specific case o the plaintiff that he too..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....n Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For th......urpose for which such an instrument could be necessary or useful. It is a sort of weapon which, though not called a dagger, would be as effective as a dagger in its use.” 8. It is interesting to note that in the light of the above decisions, the definition of ‘arms’ has been modified and wi..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....7 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidu......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
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