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Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......g measuring about 1 (one) acre of land which is more than enough to expand the Upazila Complex if, at all, is necessary. 7. The petitioner, being aggrieved by the acquisition proceedings under I-A case No. 6 of 1991-92 started by the respondents has preferred the writ petition and obtained the in..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......d thereby deprived the Government of having huge revenue earning. 3. On the basis of the said FIR Dupchachia PS Case No.17 dated 23-10-2007 corresponding to GR Case No.137 of 2007 was started. The case was thus endorsed to one Mr. Md. Abdul Baset, Assistant Director, Anti-Corruption Commission to..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......party No.1 has not complied with the notice. Hence the suit. 3. The suit was contested by the defendant No.1 and 2 by filing written statement denying the material averment made in the plaint. The case of defendant No.1 is that the disputed property belonged to Late Haji Ashraf Ali Chowdhury. He ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... except in certain exceptional circumstances, such as non consideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......f self-assessment. 7. In reference No. 159 of 2007, he submitted his income tax return for the assessment year 1997- 98 claiming income of Taka 98,380 on basis of self assessment. 8. In all the cases, the Deputy Commissioner of Taxes was of the view that the assessed was the head of an undivid..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......lace and health could have had, intercourse with his wife at the necessary time, the presumption will not be rebutted by proof that she also had connection with other men, as the law will not in that case allow a balance of evidence as to who was most likely to be the father of the child…………..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......ate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of the East Bengal State Acquisition and Tenancy Act. 2. Facts of the case, in short, are that the plaintiffs, who are the deites installed by the fore-fathers of the seb..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ...... petitioners involvement as a sister concern company is ex-facie illegal and without jurisdiction and allegation brought under section 202 of the Customs Act, 1969 has no manner of application in the case of the petitioners. In elaborating his submission the learned counsel further contends that on ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......one of the accused persons of CR Case No.132 of 1991 pending in the Court of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of complaint filed by opposite party No.2 alleging that she ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... in different contexts. When an accused is discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was n..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......in the concerned area. The night guard of college was arranging for smoking ganja almost every night and she was directed to take action against him but she did not take any steps. It was the further case of the defendants that the plaintiff was directed to submit the account of the college fund bef..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts arrested him and implicated him in the above criminal case. The vehicle was also seized by Kotwali Police. 4. After seizure of the vehicle, the Nationa..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......of Criminal Procedure be strictly followed, then the necessity of installing a Druta Bichar Tribunal may not arise. But in this Ain a further yardstick has been given i.e. for public interest certain cases are to be tried by Druta Bichar Tribunal. …………………….(15) The Druta Bichar T..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......f 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Kakoli and others. 2. The case of the plaintiff is as follows: The plaintiff had imported a consignment of machinery, acces..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......e not deny the power of the appointing authority but he submitted that the same power has to be exercised following the provision of law. Since the aforesaid provision of law clearly sets out that in case the incumbent has not acted properly or acted in a manner prejudicial to the interest of the or..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......w that the result was not impossible and that the election commission's interference was uncalled for. The Appellate Division agreed with the High Court Division on this finding. 6. In the instant case the petitioner who has received cent percent votes, that is 876 votes which is the total valid ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cree-holder Bank (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor) entered appearance in the said Artha-Jari case by filing power and on 17-9-2006 filed an application for dismissal of the Money Execution Case..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......f Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance on the decision of the Revenue Officer can be well ventilated by an appeal under..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ry Body like the Board of Intermediate and Secondary Education, Comilla, in absence of any Service Rules of its own, may follow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Ref..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......িত পুরা ২,২৮ একর সম্পত্তি (অত্র আম মোক্তার নামা দ্বারা আম মোক্তারকৃত)। 4. It is the case of the plaintiffs that, suit land originally belongs to Meher Ali, whose name was recorded in C..Category: Property Law | Date: | Hits: 80
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