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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....43 and SA Khatian No. 447 of Mouza Kourikhara, PS Nesarabad, District Pirojpur was acquired by the predecessor of the plaintiffs by oral lease in the month of Baishak, 1360 BS. There was a subsequent registered dakhila dated 27‑4‑54. It is further stated that the RS and SA record of rights havin...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......rs Vs. Janab Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katarnraju Vs. Madavarappu Paripurnanandarn AIR 1949 (Madras) 282; Sree Narayan Chandra Panda Vs. Md. Mahbub Ali and others, 9 BLT (AD) 197. Lawyers Involved: Sadananda Rana, Advocate on behalf of Chandi Charan Paul, Advocate-..Category: Property Law | Date: | Hits: 61
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....k from the possession of the accused petitioner. SI Md. Sirajul Islam of Chandgaon PS seized the truck from the possession of the accused petitioner and at the time of seizure of the truck it was not registered and there was no number plate. The accused petitioner along with others in the meantime c......losed against the accused petitioner and others for the alleged forgery and cheating. In view of submission of the investigation report it cannot, at this stage, be conceded that the allegation is preposterous and that no offence is disclosed against the accused petitioner and others under sections ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....inst the accused persons and submitted charge-sheet against them after concluding investigation. The case record has eventually been sent to the learned Sessions Judge for trial where a case has been registered and thereafter the case record has been sent to the learned Additional Sessions Judge for......de by the authorised agents of the public in course of official duty and respecting facts, which were of public interest or required to be recorded for the benefit or the community. A seizure list, a post mortem report, a confessional statement recorded under section 164 of the Cr.P.C. or any statem......ot sustainable in law. In support of his contention he has referred decisions in the case of Moin Ullah and others Vs. State, 40 DLR 443 and Muslimuddin and others Vs. State, 1987 BLD (SC)1 = 38 DLR (AD) 311. From the evidence on record we find that the missing of Akimul has been ascertained at a..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....lants. It is now well settled by authoritative pronouncement by Apex courts that Inquest Report is admissible in evidence and the statements can be looked into. In the case before us, no GD Entry was registered and First Information Report was lodged detailing the commission of crime by accused pers......40. In Bangladesh (State) Vs. Paran Chandra Baroi 1986 BCA (AD) 225 dead body of Nikhil Ranjan Baroi was found lying on the southern side of a river in a sugarcane field. In GD Entry with a police outpost there was no reference of any accused investigating officer immediately came to the place of oc......C.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Ismail Munshi alias Jambu Vs. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......Board of Revenue the organizational setup of the Collectorate of Customs, Customs House. Chittagong has been shown in lineal order wherein the organisational hierarchy has been maintained. That the post of Appraiser in that organisational hierarchy has been shown at Serial No. 16 and the post of I......of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Government of Bangladesh 44 DLR (AD) 111; Junnur Rahman Vs. Bangladesh S..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....hould not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitioner company is a private limited company registered under the Companies Act, 1994 with the object to carry on, amongst others, the business o......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......tiated by malice in law. AIR 1966 Cal 151. Hence clause (2) of the said SRO dated 2‑12‑1999 is of no legal effect being void. It is observed in the case of Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201 that if any act is committed on a legally extraneous or obviously misconceived ground it wou..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ut any influence on swearing affidavits before Notary Public, Chittagong on 27‑3‑2001 which was counter‑signed by Magistrate First Class, Chittagong on 27‑3‑2001. Thereafter, Kabin Nama was registered with Marriage Registrar. Shailakupa Union Police Station, Banskhali, Chittagong on 27‑3......t contain any specific provision for Anticipatory Bail. By Ordinance XLIX of 1978, provision of Anticipatory Bail has been provided on insertion of section 497A in the Code. The inserted section 497A postulated that when any person had reason to believe that he might be arrested on an accusation of ...... Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (AD) 242 = 4 MLR (AD) 291; Md. Ayub Vs. Md. Yakub, 19 DLR (SC) 38; Balehand Jain Vs. State of Medhya ..Category: Criminal Law | Date: | Hits: 79
....er-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subordinate Judge, 4th ......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......…………..Respondents
Judgment
June 21, 2009.
Cases Referred To-
Rawshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others, 59 DLR (AD) 165; C.Q.M.H Md. Ayub Ali Vs. Bangladesh and others, 47 DLR (AD) 71; Bangladesh Vs. Md. Shajahan..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....ommon Judgment. 2. Facts stated in Writ Petition No. 2293 of 1994 in short, are that the petitioner Russel Vegetable Oil Limited is a company incorporated under the Companies Act, 1913, having its registered office at 195 Motijheel Commercial Area, Dhaka. The petitioner set up an Oil Refinery Ind...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; Mohammed Brothers Vs. Collector of Customs, 48 DLR (AD) 58; Collector of Customs, Chittagong ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....f law and fact is involved these two reference applications are being disposed of by this single judgment. 2. It is the case of the appellant that Bangladesh Rural Advancement Committee which is a registered society under the Society Registration Act, 1860 preferred the said two applications agai......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......irement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former post with all arrear salaries and other allowances as admissible to him in law.
2. The petitioner......n has been annexed as Annexure-B to this petition. The petitioner was posted to the Serajgonj O & M Division, BWDB on transfer from Dhaka Food for Works Division vide Board’s Memo No. 1347- WDB(ADM) B-B-1/1p2/89 1st part dated 1-10-90 as Sectional Officer, Section-2 under Sub Division-1, Seraj..
Category: Employment/Service Law | Date: | Hits: 72
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
.... Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before redemption of......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......………………..Petitioners. Vs. Md. Ziauddin Khan & others………………….....Respondents Judgment May 15, 2007. Case Referred To- Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Adv..Category: Property Law | Date: | Hits: 60
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... Bank Bangladesh Ltd. and its Khulna Branch as plaintiffs (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......dalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Shaheb Bazar, Rajshahi and others, 15 MLR (AD), 96; Sujit Kumar Mondal and another Vs. Bangladesh (and others), 13 BLC 391; Sheikh Nazmul Haque..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....t be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at 71 Dilkusha Commercial Area, Dhaka and having one of its branches at Chapai Nab......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....or Irrigation and Water Development inaugurated the University. A sum of Taka 4,00,000.00 was also paid to the owner for construction of another building adjacent to the University. The deed was also registered and submitted to the Ministry and to the Grants Commission. The University also purchased......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
....ner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in the Court of Additional Assistant Judge, Chandpur seeking declaration that the registered Saf Kabalas being 1107, 1108 and 1109 dated 30-1-86 of Laksham Registry Office are forged...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....he investigation of the case and submitted charge sheet on 20-8-83 under sections 364/302/201 read with section 34/109 and 120B of the Penal Code and after submission of the charge-sheet the case was registered as GR Case No.1 of 1983. When the case was pending in the Court of Sessions Judge, Noakha...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......……………Petitioner Vs. Sessions Judge and others………………………..Respondents Judgment November 18, 1998. Cases Referred To- 19 DLR 255; 3 DLR (FC) 518; 49 DLR (AD) 32; Md. Shafiullah Vs. State 19 DLR 255; (1890) 24 QBD 423; (Vide Halsbury’s Laws of England H..Category: Criminal Law | Date: | Hits: 56
.... party No. 1 Md. Abul Kashem nude a complaint under section 25(a) of the Employment of Labour (Standing Orders) Act, 1965 against the petitioner for determination of benefits as per law. The case was registered as complaint case No. 221 of 1996. The Labour Court upon hearing the parties by judgment ......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231...
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
.... basis of the agreement in favour of the plaintiff. The learned Advocate submits that for effecting a gift for immovable property by a Hindu the same may only be made by an instrument which must be a registered one and no oral gift is permissible. The learned Advocate referred to section 123 of the ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....mittee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Brothers, a registered importer and is engaged in the business, inter alia, of import of Sodium Saccharin. The p......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
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