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Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)

....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......an officer appointed by him has no other power of stay under the Ordinance. 6. Rules 128 to 138 of the Co-operative Societies Rules 1987 deal with appointment of arbitrators, their qualifications, payment of fees to arbitrators, procedure of filing a dispute case, fees for filing dispute cases, p......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...

Category: Alternative Dispute Resolution | Date: | Hits: 156

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....ahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekandar, PLD 1974 (SC) 139; R. Vs. Medical Appeal Tribunal ex parte Gilmore, 1957 1, QB. 574. Lawyers Involved: Khandker Mahbubuddin Ahmed, with Mirza Hossa......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

.... plaintiffs‑petitioners instituted the above suit in the Court of the Assistant Judge, Matlob Upazila within the district of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....f our discussion above, this reference on question No.1 does not lie under section 160(1) of the Ordinance, and we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ssee submitted statement disclosing net property income at Tk. 35,337.00 and claimed deduction of Tk. 6,600.00 as expense for keeping Darwan and Sweeper. He also claimed deduction of interest on bank loan and life policy loans for Tk. 1805.00. The Deputy Commissioner of Taxes assessed the income of ..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... Kazi Ebadul Haque J Siraj Mal and others……………………Appellant Vs. State………………….Respondent Judgment December 7, 1992. Result: The appeal is allowed in part. Cases Referred to- Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Ba...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

.... word "preceding" would mean immediate past two years and shall not include the year during which promotion matter is considered and further in the promotion matter would have been postponed by the Department to show an undue favour, the petitioner to the prejudice of others even then he would not h......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....aher’s brother Idris and his son tried to come out of their house but were obstructed and threatened to be shot by the petitioner who was guarding the gate with a rifle. 3. The accused persons departed after causing serious injuries to Taher Mohammad. Thereafter the inmates and neighbours came ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....barred under the provisions of Rule 11 of the Excise and Salt Rules, 1944 and also on the ground that the petitioner realised the excise duty paid by it from the purchaser of its finished products as part of the price of the same. Prayer of the petitioner of Writ Petition No.3071 of 1992 for refund ......dated 23-1-1991 Superintendent of Customs and Excise informed the petitioner of Writ Petition No. 3071 of 1992 that he would get refund of the excise duty paid by him within one year from the date of payment under Rule 11 and as such he was asked to make fresh application accordingly. According to t......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....by the Gazette Notification published on 2nd July, 1998. The Councilor of Ward No.7, Jhalokathi Pourashava found that Kistakathi area, on which 'Abason Project Nos.1 and 2' had been estab­lished, is part of Ward No.7 Ponabalita Union Parishad, but inhabitants of said Abason Project Nos.1 and 2 had ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....ve petitions, having been filed against the same judgment and order dated the 12th and 13th April, 2010 passed by the High Court Division in Writ Petition No. 2669 of 2000 making the Rule absolute in part, heard togeth­er and are being disposed of by this sin­gle order. 2. On an application fil......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..

Category: Constitutional Law | Date: | Hits: 219

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

....ing that the land appertains to Khatian No.554 and it constituted a residential homestead with adjuncts not connected with agriculture. The petitioner is a co-sharer in the case land and the opposite party No.1 is a stranger and no notice was served about the sale dated 5‑11‑69, as such, the pet...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..

Category: Property Law | Date: | Hits: 52

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....993 allowing the appeal and setting aside the judgment and decree dated 29‑4‑1993 passed by the Assistant Judge, Batiagata, Khulna in Title Suit No.5 of 1988. 2. Petitioner as well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered a...... aforesaid documents along with oral evidence on record to decide whether plaintiff’s raiyati interest in the suit land still subsist or not. None of the courts below also considered the absence of payment of rent by the plaintiffs from the date of alleged auction upto the date of filing the suit ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....ction 8 of the Special Powers Act, 1974 and Mr. M Shamsul Alam, the learned Deputy Attorney‑General submitted to us that he had already drawn the attention of the Government, to these laches on the part of the District Magistrate, Dhaka. It appears that previous observations of this Court in this ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....asima Akhter (Papi)........................Petitioner Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs.......................opposite parties Judgment January 6, 1994. Result: The Rule is made absolute. Lawyers Involved......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ries. The defendants on the other hand proved an unregistered sale deed dated 05.05.1967 which was marked as Exhibit-Ka. 5. The learned Joint District Judge, 2nd Court, Madaripur, upon hearing the parties and on consideration of the evidence and materials on record decreed the suit, on finding th......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....f Bangladesh Medical Association, Dhaka purchased 10,00,000 lottery tickets on credit until the last date for sale of tickets on 23.02.2004 and keeping them in the possession of B.M.A. illegally took part in the lottery draw and won the first prize of Tk.30,00,000/-. It was alleged that the accused ......d the same putting a back date of 23.02.2004 and Dhaka Shishu Hospital received the said 3,71,500 tickets on 01.03.2004 after date of draw of the lottery. On 06.04.2004 Dhaka Shishu Hospital received payment for sale of tickets from B.M.A. to the tune of Tk.34,56,750.00 against 6,28,500 tickets. Thu......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....to give him financial benefits attached to those posts. The Administrative Tribunal by judgment and order dated 28th February, 2004 in Administrative Tribunal Case No. 108 of 1998 allowed the case in part and directed the respondents to pro­mote him to the post of Deputy Inspector General and to gi......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..

Category: Administrative Law | Date: | Hits: 194

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....000.00. After purchase defendant No.6 mutated her name in the revenue records and in the municipality in respect of the purchased land and constructing structures thereon she has been possessing some part of the suit land herself along with the members of her family and some parts through the monthl......8, but the bound­aries and the area of the land were correctly written. Since the said pattan defendant Nos.1 and 2 had been residing on the suit land constructing dwelling structures thereon and on payment of rent, municipal tax etc. The said defendants transferred the suit property to the plainti......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ..

Category: Property Law | Date: | Hits: 83

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applica­tion. The miscellaneous case was allowed ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-peti­tioner to pay the decree......he prayer for deliv­ering possession of the mortgaged property to respondent No.2 appears to us not bona fide and also shocking to conscience. Since the execution case in question was disposed of on payment of the decreetal amount by respondent No.2 without deliv­ering possession of the mortgaged ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....ted 24.12.85 passed by the Subordinate Judge, Netrakona in Misc. Appeal No. 89 of 1984 affirming those of the learned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..

Category: Criminal Law | Date: | Hits: 90