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Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....stand void and be of no effect." 16. He has also referred to the Indemnity Ordinance of 1975, being Ordinance No. LX of 1975, where restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought and the Ordinance was promulgated in the ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......e question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..

Category: Criminal Law | Date: | Hits: 50

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....n Title Suit No. 218 of 1951 and that the parties in the present Title Suit were the same. Therefore, the Court of appeal below held that the plaintiffs could not file the suit twice against the same persons for the self-same relief. The Court of appeal below also held that Title Suit No. 218 of 195......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......¦â€¦â€¦Opposite Parties Judgment July 9, 2006. Cases Referred To- Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ..

Category: Property Law | Date: | Hits: 27

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......on of the orders of the Rin Salishi Board stayed by the Additional Deputy Commissioner (Revenue). The plaintiff has been in possession as before. The defendant Nos. 15 and 16 being influenced by some interested corner denied the title of the plaintiffs in the suit land and threatened them with dispo......rt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Puspak Kumar Roy and another……….Defendant-Petitioners Vs. Eldrin Khan and others.............Plaintiff-Opposite Parties. Judgment November 22, 2005....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..

Category: Property Law | Date: | Hits: 34

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....certain cases documents are forged and manufactured to file fictitious suit but if weight is to be given to such claim, then the Government must act its part by making enquiry to find the responsible persons and taking appropriate action against them for such dishonesty to avoid the recurrence of su......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......hin 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..

Category: Property Law | Date: | Hits: 40

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....icants who won the lottery, 20,000 applicants have been supplied with the SIM Cards at a declared price of Taka 1800 and demand of Taka 1200 more for the same SIM Cards from the similar categories of persons including the petitioners is highly discriminatory and the plea of the respondent No. 6 that......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....d father-in-law into the kitchen and chopped them to death. She recognised Ayub Ali by the light of hurricane lantern. She raised hue and cry and on hearing cry, Rashid (PW 8), Ahmed (PW 5) and other persons came. After killing the victims, Ayub told that the work was finished and thereafter they le......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ...... These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..

Category: Criminal Law | Date: | Hits: 38

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

....rty No. 1 Shafiqul Alam in respect of an offence under section 302 of the Penal Code. 2. Petitioner lodged an first information report with the Sathia Police Station on 13-11-99 against 24 accused persons including the opposite party No. 1 over the assassination of his brother Tofizuddin on 13-11...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......nt to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....s under her and they defaulted in the payment of rents or breached any term of the contract of tenancy. For instance, one may become owner of a premises by purchase, or otherwise in the occupation of persons who never acknowledge him (her) landlord and could resist her from evicting them for Want of...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......n the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

....ondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in the first infor­mation report may brief......ot have supported the prosecution case. Of course adverse inference will be drawn only if there is withholding of evidence. In the instant case it has been found that natural and in­dependent and disinterested witnesses have been pur­posely withheld; so the adverse presumption can be had against t......hwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..

Category: Criminal Law | Date: | Hits: 30

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......titioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......haka in the early part of 1982. His father was buried at Dhaka. In August, 1952 the petitioner was sent to England by his father on an international Pakistani passport issued at Dha­ka for receiving education threshes passport was re­newed in 1963 from the office of the High Commis­sioner of Paki..

Category: Immigration and Citizenship Law | Date: | Hits: 188

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....t about 1 A.M. his wife Sajeda Kha­tun told him that some body removed the bulb which was burning out side the building. At this Khondker Nurul Islam (P.W.4) came out by opening the door and saw two persons standing there thought them to be some boys of the neighborhood and asked them as to what th...... list Ext. 3 and the lungi was marked material Ext.II. 16. P.W.5 Khizir is a teacher by profession and close door neighbour of Nurul Islam and as such he can be treated to be a most natural and disinterested witness. He along with others took Nurul Islam to Chuadanga Hospital. He also stated that......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

.... August, 1997 to July, 2000 and thus the mills duly paid the gas bills and that there was no question to be a defaulter. Before hearing of the injunction petition the gas company headed by some 10/12 persons went on 7-8-2000 to the mills site and in the name of servicing the machineries entered into......eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......n and Distribution Company Ltd…………………………….Petitioner Vs Habib Oil Mills (BD) Ltd....…………….Opposite Party Judgment July 30, 2001. Lawyers Involved: Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petition......eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ..

Category: Civil Law | Date: | Hits: 115

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....or determining minimum rates of wages.- (1)Where the Board proposes to recommend minimum wages, it shall give notice by publishing the terms of the proposed recommendation in the official Gazette, to persons likely to be affected thereby, in order that they may have opportunity to file objections or......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33....... 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...

Category: Labour and Industrial Law | Date: | Hits: 96

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....me being in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the award under the agreement has......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17....... Ed. This Case is also Reported in: 54 DLR (2002) 17.......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17...

Category: Civil Law | Date: | Hits: 101

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....d. In the result 417.40 acres of land became surplus for the said project. But even then the project Authority illegally kept the surplus land in their possession and leased out the same to different persons for the purpose of cultivation of paddy. In the backdrop of the aforesaid circumstances the ...... requisition and they did not receive any compensation money and that their title remained unaffected; that after the decision of the Government to derequisition the land vide (Annexure-E and H) some interested persons with malafide intention tried to squeeze money from the petitioners but having fa......In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....f above Article is violated, the Election Tribunal shall dismiss the election petition for non‑compliance of the aforesaid Articles. He again submits that the present petition is filed against some persons who are not the candidate of the election thereby and the petitioner violated the provision ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...

Category: Election Law | Date: | Hits: 85

Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)

.... Mahmud and Abdullah Lokman about the matter, then on their behalf Md. Habib gave the undertaking that the entire bank dues would be repaid. The complainant further alleged that all the above accused persons in collusion with each other in order to defraud the bank, removed 13670 cartons worth taka ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..

Category: Criminal Law | Date: | Hits: 39

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....school on the plea that the suit lands were recorded with other land in SA Khatian No. 33 in the name of Kasiruddin Chowdhury and Karimuddin Chowdhury. The plaintiff further stated that the aforesaid persons had no right, title, interest and possession in the suit land as those persons died long bef......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......s restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...

Category: Property Law | Date: | Hits: 21

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....ted the suit by filing written statement and ultimately title suit was dismissed for default on 7- 2-95. The petitioner had no tenancy agreement with M/S Jaleel Brothers of late Shamsur Rahman or the persons claiming under him as his heirs. Since the petitioner was not given vacant possession by the......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......gainst the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

....for a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the order of conviction and sentence passed by the trial Court and acquitted the accused persons. It is against this order of acquittal the complainant petitioner moved this Court and obtai...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...

Category: Criminal Law | Date: | Hits: 30