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Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....ted 16.11.1966 A.D. Safar Ali also gifted western 51 decimals of the suit C.S. Plot to his son defendant No. 2 by executing another heba-bil-ewaz dated 18th Agrahayan, 1356 B.S. and also gifted non-disputed 29 decimals of land of the suit C.S. plot to his grand daughter defendant No.17 by executin...... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...Category: Property Law | Date: | Hits: 30
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100....... accept the alleged result declared by the Presiding Officer, has no basis in law and must be struck down. 11. For all the reasons given above we hold that the petitioner has made out a case for holding a fresh poll at centre (a) only, but has failed to make out any case for interference with r..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he General Manager who was their terminating authority under the said Regulations as well and that they were confirmed employees of the Janata Bank being members of the clerical staff. It is also not disputed that before the plaintiffs went on strike on 11.9.81 their services were declared as essent......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....sses. He submits that P.W. 2 Golam Hossain duly corroborated the statement of P.W. 1 the petitioner that P.W. 2 told him that the opposite parties drove out the labourers of the petitioner from the disputed land on 23.6.1982. The learned Munsif while rejecting the application under Order 9 Rule 13......ng witnesses and what was the paper on which he put his signature. Taking into consideration these aspects of the statements of D.W. 2 and deposition of P.W. 1 and P.W. 2. I have no hesitation in holding that no summons was served upon the petitioner and it was shown to have been served by hangi..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....edly, this is a case under section 395 and 397 of the Penal Code in which the police submitted charge-sheet against the present appellant Angur along with two other accused persons. It is also an undisputed fact that the learned Assistant Sessions Judge by his order dated 30.6.81 in effect tendere......500/- in cash from him. He further deposed that in the Test Identification Parade he identified appellant Angur as one of the dacoits. We will presently show that the prosecution has not proved the holding of the T.I. Parade by examining the Magistrate and the identification of the appellant in th..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
.... who are required to do what they have omitted to do and failure on the part of the officials and the Authority to perform what they are required under law to perform is wholly unconnected with the disputed questions of fact involving in this case. Mr. Ahmed argues that Annexure 'A' issued by the ......ng to Mr. Ahmed they were required under law to do does not stand and the Returning Officer also does not appear to have omitted to do under Rule 29 of the Election Rules, for appointing any date for holding re-election. Therefore, we find that the officials or the Election Commission did not fail i..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....f Quo Warranto cannot be issued against him. Furthermore, the allegation as to disqualification as defined under subsection (2) (g) of section 7 of the Ordinance, has of course, been based on undisputed question of fact otherwise no order or direction can be issued by the High Court Division. ......n. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law— (b) on the application of any person, make an order- (ii) requiring a person holding or purporting to hold a public office authority he claims to hold that office." 6. Mr. ..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......ead with section 151 of the Code of Civil Procedure for rejection of plaint and on hearing the parties the Court as per an order dated 11.03.2007 allowed the application for rejection of the plaint holding, inter alia, that Sonali Bank Ltd. as lender of enterprises of Meghna Group of Industries co..Category: Procedural Law | Date: | Hits: 81
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
.... 30th of June 1967. Against the order of assessment the assessee preferred an appeal before the Appellate Assistant Commissioner and intimated the Income Tax Officer that it was prepared to pay the undisputed demands and in fact, deposited a sum of Rs 400 praying further that the balance of the tax ......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....e district of Barisal. 2. Mr. Mostafa, the learned Advocate appearing for the accused-petitioners, submits that the accused-petitioner are residents of Bhola PS under the District of Bhola and the disputed land is situated within the jurisdiction of Bhola. It has been alleged that there is no pla......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......cha and DCR and have been paying rent since 1387 BS and obtained dakhilas in their names. Thereafter, the petitioner constructed a three-storied building in the land and the same has been recorded as holding No. 42/2/A, Dilu Road by the Corporation, Dhaka and the petitioner and her husband also muta..
Category: Property Law | Date: | Hits: 22
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......ner union are not engaged in the training and research work; and yet the Respondent No.2 by its judgment and order dated 26-7-94 gave permission for canceling the registration of the petitioner-union holding that the Atomic Energy Commission is not a profit making concern and not being the industry,..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....d against the petitioner under sections 156(1), (14), (61), (62), (90). 6. The petitioner Company in the Writ Petition annexed various documents to establish the fact that after importation of the disputed goods by the petitioner they have in due course utilised those goods for manufacturing garm......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413......., this direction will not preclude the enforcing agency or the local administration from taking any action to ensure law and order situation or to give any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed...
Category: Property Law | Date: | Hits: 25
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ugh the application for registration filed by the defendant before the Trade Mark Registry was pending. On appeal Karachi High Court upheld the order of temporary injunction passed by the trial Court holding that the defendants cannot be allowed to take advantage of their own wrong and the prayer of..Category: Intellectual Property Law | Date: | Hits: 200
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......st him. Thereafter, the regional Audit Officer prepared charges against him and appointed an inquiry officer and filed a departmental case being No.60/2000-2001 against him. The inquiry officer after holding inquiry, submitted an inquiry report on 17.06.2002. On conclusion of the inquiry, the petiti..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....e of the police in collusion with PW 3 and accused-appellant Tota due to enmities finds support from the above. We have already mentioned that the death of three unfortunate persons have neither been disputed nor denied. But it is also admitted that there is no ocular evidence in this case. PW 3 him...... over the dead body of Abdus Sattar Dakua, sent the same to the morgue, arrested accused Selim and Tota, forwarded them to Court for recording their confessional statements and submitted charge-sheet holding investigation. He stated that SI Azizur Rahman prepared inquest over bodies of Mofazzal and ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......use of action to file the aforesaid suit against the defendants. 5. The further case of the defendants, in short, is that the plaintiff bank had floated a tender to demolish a building situated at holding 90/91, Motijheel Commercial Area, Dhaka. The defendants and others participated in the tende..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs institut..Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ed in accordance with settled principles and not arbitrarily". 24. The legal principles on the basis of which the writ petitions were found not maintainable in the cases cited by Dr. Kamal are not disputed by us. But since the facts of the cases cited by Dr. Kamal are different from those in the ......Abdul Ahad Chowdhury as Chairman, Central Command Council, Bangladesh Muktijodha Sagsad filed a writ petition and obtained a Rule Nisi challenging some actions taken by respondents Nos. 1‑8 towards holding of election of the said Sangsad being engaged by its Chief Patron. Rule in this case was dis..Category: Information Technology Law | Date: | Hits: 217
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