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Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
.... have perused the revision application along with the contract, the plaint and other papers relied upon by the learned Advocate. The contract dated 29‑9‑1998 as entered into by the parties is not disputed. It is also not disputed that the contract contains an arbitration agreement. The suit was ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... petitioner's plaint, Annexure‑B to this revisional application, it appears that the suit plot is referred therein as former settlement Plot No. 19 and present settlement Plot No. 313, which is the disputed land described in schedule "Kha". But schedule "Kha" states that the Plot Number is old 19 ...... 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. ..Category: Property Law | Date: | Hits: 61
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
.... Registration Certificate, Road Permit, Insurance Certificate. On furnishing bond of Taka 1,00,000 on condition that the accused petitioner will produce the same if and when asked for. It is also not disputed that subsequently, the accused petitioner including the accused No.2 Md. Tajul Islam filed ......riminal Revision No. 78 of 2003 before the learned Metropolitan Sessions Judge and the learned Additional Metropolitan Sessions Judge by the impugned order dated 26‑7-2003 rejected the revision upholding the order dated 8‑4‑2003 passed by the learned Metropolitan Magistrate. It is against th..Category: Criminal Law | Date: | Hits: 45
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......ge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of the case are that, after holding preliminary enquiry by Bureau of Anticorruption one Selina Akhter, Inspector District Antico..Category: Criminal Law | Date: | Hits: 56
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......Selim and Salam Kha. In the cited case there had been no eye‑witnesses to the murder of Nikhil Ranjan Baroi. There is nothing on record that witnesses were examined by Police Officer at the time of holding Inquest Report. It cannot be, thus, suggested at all that by the Inquest Report prosecution ..Category: Criminal Law | Date: | Hits: 54
....ported in 49 DLR (AD) 161 wherein it has been held that no rebuttable evidence could be adduced to show that original owner Yahiya was present in Bangladesh and he occupied, managed or supervised the disputed building when President's Order 16 of 1972 came into operation."
5. We have perused the ......engali left the country in 1971, his whereabouts could not be known after the liberation of Bangladesh on 16.12.1971 and that the Government has been in physical possession and management of the case holding since 1972 and enlisted the same as abandoned property and allowed Syed Aftab Uddin, a Deman..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... 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. ......ttorney-General who appeared on behalf of the Collector of Customs in that case, relying upon a decision of another case reported in 48 DLR (AD) 58 submitted that the High Court Division was wrong in holding that the writ petition was maintainable. But their Lordships in the Appellate Division in de..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......tion. Accordingly, the learned Magistrate removed the obstruction with the help of police force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowe..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....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. ......y the assessee in the present cases and when there is non-compliance of this provision the taxing authority was right in assessing the income tax on the respondent and the Tribunal committed wrong in holding that the assessee is not hale to any taxation. 4. Syed Ishtiaq Ahmed, the learned Counsel..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
.... further found that the parties to the two suits are also different and the two suits are of different nature, one being a simple suit for partition and the other one being for a declaration that the disputed sale deed is illegal, in operative and not binding upon the plaintiff. Being aggrieved by t......o manner of application to the present case. The learned Assistant Judge by his impugned order dated 28-3-94 rejected the petitioner’s application under section 10 of the Code of Civil Procedure holding inter alia that the issues involved in the two suits are not directly and substantially the ..Category: Property Law | Date: | Hits: 57
....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.......ate appearing on behalf of the petitioner, has placed before us a decision of Mir Alauddin Ahmed Vs. Province of East Pakistan reported in 26 DLR 27 wherein it has been held that report of an officer holding inquiry is to be treated as a judicial order and reversal of such decision is permissible by..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....Mr. Mozaffar Hossain to place before me the evidence of the 5 witnesses examined by the contending parties. There is no dispute in this case regarding the completion of registration on 2-12-97 of the disputed kabala under section 60 of the Registration Act and the filing of the pre-emption case on 1......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the ..Category: Civil Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....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. ......te of mortgage deed and the suit has been filed within a period of 60 years. Accordingly both the courts below committed a gross error of law in construing the President's Order No. 88 of 1972 and in holding that the mortgage deed was executed in 1936 and section 95 of the State Acquisition of Tenan..Category: Property Law | Date: | Hits: 60
....on having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, title, interest and possession of the Waqf Estate over the disputed hat, Bazars and jalmahal vide the Annexures-E, E1 and G mostly wrongly discharged the Rule ...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order dated 30-9-92 passed by the Additional District Magistrate, Chandpur ..Category: Criminal Law | Date: | Hits: 67
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....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. ......davit-in-reply are reiteration of those made in the Writ Petition only with an added statement that the application of the petitioner resting with the authority for long has not been rejected and withholding decision upon petition is bereft of any justification. The petitioner also by filing its sup..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... result of that the petitioner has undergone imprisonment for about 9 (nine) years and, as such, in the instant case the principle laid down in 19 DLR case should be applied. This contention had been disputed by Mr. Md. Ismail. He, on the other hand, contended that the principle enunciated in the ca...... 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...Category: Criminal Law | Date: | Hits: 56
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....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. ...... as appellant has preferred this appeal. 5. Mr. Md. Nurul Mostafa, the learned Advocate for the appellant, submits that the trial Court misconstrued the bainapatra Ext. 1 and committed an error in holding that the bainapatra has not been written at the instance of the executant Marani Paul. The l..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......nti-Corruption is given on the basis of an order passed by the learned Metropolitan Magistrate, Dhaka sending the petition of complaint to the District Anti-Corruption Officer to take lawful steps on holding proper enquiry and the District Anti-Corruption Officer has got the lawful authority to issu..
Category: Anti-Corruption Laws | Date: | Hits: 191
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