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Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ore authenticating a Declaration, the DM is to be satisfied on a number of criteria and that the authenticated Declaration can not be transferred by the recipient of the same. This is only a licensed possession, not an asset. 42. One can, of course, transfer the ownership of the assets pertaining...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......same decided by the Board, particularly when the Board was in seisin of the matter. 10. The petitioner got dissatisfied by the one-sided findings of the Board. The issue does not revolve round the question of Declaration only, as applied for, but also the propriety of the judicial process and the..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......de allegation that on the previous day after evening he and his mother-in-law Rabeya Begum went to the house of one Habibur Rahman Kha of the same village to bring a via-deed in respect of a piece of land, which his father-in-law had purchased 10/12 years back. On the way of coming back, they had re......gly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ook and pass book against the bank account maintained by the Madrash etc. 3. On receipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judic......e of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......scope for quashment for the proceedings. We have gone through the record and considered the submission of the Assistant Attorney General. It appears from the petition that the petitioner has raised a question whether the allegations made in the complaint constitute any offence under section 420 or a..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......o so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......not want him (appellant) to be hostile. P.W.11 also stated that there were two rival groups in their village, one of which was led by P.W.7 Dr. Khorshed Ali. But we do not find any such suggestion or question put towards P.W.7, while he was cross-examined. Under the circumstances the defense case of..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....secution case was proved by evidence of the informant, Investigating Officer and other members of the raiding party. Although the seizure list witnesses did not support the recovery of phensedyl from possession of the appellant, they admitted their signatures on the seizure list. Thus the case has b......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....ort, when he was about to fly abroad. Police also seized some articles such as his air-ticket, passports, compact discs, Islamic journals, visiting cards, mobile phones, telephone index etc. from his possession. After investigation of the case, police submitted charge sheet against one Md. Rezaul Hu......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......05 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......se. It also does not appear that the articles seized from the appellant are required for the purpose of showing alamats in any other case. Since the appellant has been discharged in the present case, question of proving the articles as alamats in the present case does not arise. 5. In view of the..Category: Criminal Law | Date: | Hits: 132
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......n No.1268 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejectin..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......n No.1340 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court,..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......nt that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......, Advocate—For the Respondents. Writ Petition No.154 of 1985. Judgment Md. Abdul Jalil J. - This Rule Nisi issued on an application filed under Article 102 of the Constitution calls in question the judgment and order dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint C..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......ned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......s fixed on promotion after awarding 2 advance increments with effect from 18.3.78 and as, such the pay was revised and refixed as per principles laid down therein for the purpose and consequently the question of adjustment of increments with their promotion or earlier pay or increments does not aris..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
..../81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release and restore the possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8......ny and petitioner No.2 is the director of the company. So, the word 'petitioner' hereinafter referred to shall mean and include both the petitioners). It is the case of the petitioner that a piece of land at plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks was allotted......wful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....d-petitioner entered into a contract to sell his 4‑storied building under Police Station Tongi of Mouza Auchpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......ion Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ..Category: Criminal Law | Date: | Hits: 99
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......eby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ....... Thus, the Rule is liable to be discharged. 10. We have heard the learned Advocate of both the sides, perused the writ petition, the impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be i..Category: Labour and Industrial Law | Date: | Hits: 145
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......h US $ 1,31,500 (Exhibit-Gha), and Documentary Credit No. A8A9-500667 dated 27-2-1995 worth US $ 33,250 (Exhibit-Cha) and both the documentary credits were issued by ABN-AMRO Bank, Rotterdam, Netherlands in favour of the plaintiff Messrs KN Enterprise, represented by its proprietor, Kazi Nazrul ......rs…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; Janata Bank Vs......BL to refrain from making any payment to the plaintiff for the said consignments. 19. Mr. Alam further submits that the bill of lading, packing list, invoice etc. related to export of goods in question were in the name of Messrs KB Enterprise which was converted by forgery/fraud to the name o..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492....... Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......the time given by the consumers for their participation in the promotional and advertisement schemes. These statements clearly suggest that the petitioners have admitted the disputed advertisement in question was televised in the Television and over the Radio. These are disputed facts which cannot b..Category: Criminal Law | Date: | Hits: 126
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....on intention and under sections 379/411, Penal Code for committing theft of rickshaw van from the deceased after murdering him and for attempting to sell the said van which was recovered from their possession, and they claimed to be tried. 4. The defence case as it appears from the trend of the......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......e Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......ing on that day at Keshabpur Bazar with the appellants; another circumstance the prosecution tried to establish against the appellants by the deposition of some other P.Ws. that the rickshaw van in question was recovered from the possession of the accused appellants. 9. The learned Advocate s..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483......., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......t the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......ant. Md. Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of heari..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....belonging to the plaintiffs’ predecessor Ujir Bibi was requisitioned and acquisitioned in LA Case 23 of 1949‑50, for the petitioner. But while the government (defendants 4 and 5) gave delivery of possession to the requiring body the suit land was also delivered beyond the land which was requisit......litating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belonging to the plaintiffs’ predecessor Uji......site Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Is...... of it is not made in the pleadings." He also cited 27 DLR 423, in the case of Md. Ibrahim Vs. Md. Alauddin and others, wherein it has been held by his Lordship as follows: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....both sides decreed the same on contest by the impugned Judgment and decree dated 28.4.93 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plaintiff vide Court’s order dated 2......ntiff but the same was illegally declared as abandoned property in spite of the fact that the plaintiff was always within this country even during liberation war of Bangladesh and possessing the suit land through his tenants. The suit thereafter was transferred to the Court of Additional Subordinate...... Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra Prodesh 64. Lawyers Involved: AK Badrul ......tion, the learned Advocate has relied on a decision in the case of Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another reported in AIR 1956 Andhra Prodesh 64, wherein a similar question arose for consideration on the point of locus standi in the matter of filing an application..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... that the ex parte decree passed in Misc case No.142 of 1970 by the learned Munsif, Sadar Mymensingh is fraudulent, illegal, void and not binding upon the plaintiff, alleging inter alia that the suit land measuring 0.200 Saharangsha recorded in Plot Nos.7025 and 7026 No.702 under old Khatian No.(SA)...... No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
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