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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....y in respect of the same for a period of two years ending on 31-12-1996 at a monthly rent of Taka 12,000 for the building situated therein and Taka 40,000 for the vacant place of the suit premises in total Taka 52,000 to be paid by the first week of every month. In the said agreement it was contem­......the expiry of the agreement, the settled principle of law is the agreed rent which was being paid by the defendant tenant to the landlord till the tenancy was terminated the same shall prevail in the absence of any further determination and that shall be the rent for the purpose of section 18 and 19......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...

Category: Tenancy Law | Date: | Hits: 190

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....ant in presence of an Engineer of the Project along with a written delivery letter dated 08.11.2000. On the next day (09.11.2000) the complainant paid to the accused-petitioner Tk.10,000/- out of the total price of Tk.25, 000/-. Subsequently, the complainant paid Tk.14, 250/- on different dates. But...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......itioners, being in the service of Republic, had to go to Administrative Tribunal as stipulated in Article 117 of the Constitution and the High Court Division wrongly decided the matter when it has no jurisdiction to hear and decide the same. He next submits that the respondent Nos.1-29 as writ petit..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......ng of V.P. Case being No.127 of 1992 and starting of case being No.5 of 1992-93 for declaring the property as Lawarish under section 92Ka of the State Acquisition and Tenancy Act was illegal, without jurisdiction and not binding upon the plaintiff. That suit was decreed by the trial Court but the ap..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....from other districts. 16. In view of the said evidence the case laws relied up by Mr. Kamal-ul-Alam as referred to above have got no manner of application in the instant case. The petitioners have totally failed to prove the fact that they are heirs of the original owner. Section 42 of the Specif......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..

Category: Procedural Law | Date: | Hits: 114

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

.... innocent and he has been falsely implicated in the case. He next submits that the ingredients of section 4(1) of Ain Sringkhata Bighnakari Aporadh (Druto Bichar) Ordinance, 2002 amended in 2004, are totally absent against the petitioner. He points out that prosecution miserably failed to prove the ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......dge as appellate Court and a last Court of fact arrived at a finding as quoted above which is no doubt an erroneous finding and such finding was possible by the learned District Judge only because of absence of assessment and evaluation of the dep­osition as recorded by the trial Court from the wit......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......such holding, even, if sold in execution of any money decree in any money execution proceeding any alienation by the judgment debtor does not come within the purview of the doctrine of lis pendens in absence of the proof of service of notice under Order XXI, rule 54 of the Code upon the alienor or t......mptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a sub­-registry office which had no jurisdiction to register the same. In other words, their case was that some factious lands were incl..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

.... 9. Examination of decision rendered and conclusion reached by learned Subordinate Judge indicates that learned Subordinate Judge did not apply her mind in resolving controversy and there had been a total lack of judicial approach. No reason had been assigned except that the case had been laid with......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......l and by Judgment dated 2‑11‑1999 allowed it and restored Case No.5 of 1998 on setting aside order dated 2‑2‑1999. 3. Pre‑emptor petitioner, thereafter, approached this Court in invoking jurisdiction envisaged under section 115 of the Code pressing into service ground that appellate Cou..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......T Board and another reported in 48 DLR (AD) 20. 14. In all the cited cases their Lordships held that in each and every contract entered into between the Government and a private individual writ jurisdiction cannot be invoked because the remedy lies in damages. Modern Government has multifario..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....he illegal and fraudulent activities of respondent No.2 increased by leaps and bounds as he, grew older and he started behaving whimsically which has now gone to the extent which the petitioners find totally unacceptable. Respondent No.2 because of his old age, has lost his mental balance and has ma......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......namely, Md. Soheb Vs. Uttara Bank Limited (43 DLR, 329) where it was held by this Court that when the papers and documents filed by the parties are sufficient to settle their rights and interest, the jurisdiction of the Company Court is sufficiently wide to resolve the question of rectification. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....cluded the petitioner as one of the surplus officers of a post that had been abolished. 9. Further, the said order issued under the same Memo with issue No.96 stated that until the 7 officers were totally absorbed they would be entitled to draw their salaries/allowances from their working place u......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......f the circular he changed his mind and he assessed the petitioner to pay capital gain by simply invoking the said circular. As such, Mr. Asrarul Hossain submits, it is a case of acting either without jurisdiction or in excess of jurisdiction. Mr. Hossain has also relied upon the cases of Messrs. S. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....faith in presence of witnesses paid Tk. 12,00,000/-more to the ac­cused at complainant's house at 981, OR. Nizam Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at com­plainant's said house by executing a 'Chuktipatra' (agreement......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139