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AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......d for hearing of the contempt matter arisen from, amongst others, on an application for transfer of the Writ petition. The punishment was upheld by the Supreme Court of Pakistan (18 DLR (SC) 124 upon holding that there is no provision in law for transfer of a case from a Bench of the High Court exce..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....bandoned Property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as Abandoned Property merely because the same is disputed by the claimant. The minimum requirement to satisfy section 5 of the aforesaid Ordinance is......e of contract) but the said decree was set aside in Title Appeal No. 274 of 1998 by the learned District Judge, Dhaka by declaring the same illegal, void and not binding upon the Government, and also holding that deed No. 18675 dated 20-11-1993 given in Title Execution Case No. 61 of 1933 arising ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....wed the review petition, reversed the decision of the appellate Court and the trial Court and allowed the plaintiff's prayer for temporary injunction restraining the defendants 1-5 to lease out the disputed property elsewhere till disposal of the original suit. 4. Mr. Abul Kalam Chowdhur......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......3) to pre-emptees (herein petitioners) at a consideration of Taka 3,000. 3. The pre-emptor's case, put in a nutshell, is that, he along with vendors and others are the co-sharer tenants of the holding described in RS Khatian No. 171; that the pre-emptees made an oral agreement with the vendor..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....as 'loss on shares and debentures' along with 12 other items in lump under the head of "Other Expenditure", lacking all necessary particulars. No proof of such claim was ever produced. It is also not disputed that none of the shares and debentures in respect of which capital loss was claimed and ded......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ion dated 4-1-2000 the petitioners filed written objection stating,inter alia, that the appellants-opposite parties did not pray for comparison of the signature and thumb impression put in the disputed documents in the trial Court and that the learned trial Court decided the documents to be g......to decide as to whether it should itself compare the questioned signature or handwriting to come to a decision or send them for an expert opinion. 29. The High Courts of the subcontinent were holding divergent views on the power of comparison by the Court. At the earliest, we find the Appe..Category: Property Law | Date: | Hits: 32
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......with. 8. Admittedly, a departmental proceeding was drawn up against the petitioner under Rule 138 (c) and (d) of the Bangladesh Water Development Board (Employees) Service Rules, 1982 and after holding inquiry the petitioner having been found guilty of the charges brought against him, the resp..Category: Employment/Service Law | Date: | Hits: 76
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......hereinafter referred to as the TRI) formed a joint venture company on 15-6-95 under the name and style, 'Sheba Telecom (Private) Limited (hereinafter referred to as the Company) with the equity share holding of 51% and 49% respectively. The company was engaged in the business of installing, mainta..Category: Business or Commercial Law | Date: | Hits: 178
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
.... to compare as he had assumed himself the role of an expert. 12. Under second paragraph of section 73 of the Evidence Act, the admitted signature, writing or finger impression with which the disputed signature, writing or finger impression may be compared by the Court but such a comparison ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......orted goods would prevail over all other provisions of the Act including sub-section (7) of section 25 (levy of tariff value) and section 30A (value and effective rate of duty) of the Customs Act. In holding such view, it relied upon a number of decisions including that of A Hannan. 23. In th..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....r hand, submits that the petitioner has connection with a militant group banned by the Government and, as such, he is not entitled to be appointed as a lecturer in Arabic. He further submits that the disputed questions of facts are involved in this writ petition and that resolution of those facts re......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......ht to represent the minor when opposite party No.1 was nominated by the deceased as the next of kin and beneficiary of the estate. Secondly, she submits that the Court of appeal below erred in law in holding that the order issuing the certificate is a nullity in the absence of any objection raised b..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... the matter to the learned Chief Justice so that a special bench is formed to hear this Rule but the learned Chief Justice by order passed on the same day, directed this bench to dispose of this Rule holding that there is no need to constitute a special bench. In the aforesaid circumstances we have ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... a joint trial is desirable in order to avoid hardship and embarrassment to the accused. The learned Assistant Judge overlooked this provision of law and unnecessarily wasted Court's valuable time in holding trial of two cases. Similarly, the investigating officer (PW 14) and the public prosecutor f..Category: Criminal Law | Date: | Hits: 90
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....lication for cross-examining plaintiff Md. Asgar Ali but the learned Senior Assistant Judge rejected the said prayer on the ground that since plaintiff Md. Asgar Ali deposed only on his executing the disputed power of attorney empowering Nur Mohammad to conduct the suit on his behalf and he stated n...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......3) of the Companies Act, 1994. 2. The background in which the present application was filed is as under: Tahmid Ahmed, a shareholder-director of the Company, filed the aforesaid application for holding the Annual General Meetings of the Company for the years from 1982-1997 after condoning the ..Category: Company Law | Date: | Hits: 222
....tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803.......e 13(2) only being given in case of first medical examination before registration and not in case of medical examination done under clause 13(3), High Court Division erred in discharging the rule holding the application as not maintainable to follow such medical examination and the appellant..
Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and Norendra Chandra ......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......he sale proceeds, but without any result. On the verbal order of the Administrator the plaintiff made a mosque on the suit land out of his own fund and with the help of local 'Musallis' and have been holding prayers and other religious service. 4. Further case of the plaintiff is that Defendant N..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....4 of 2004 and obtained a Rule Nisi and also an ad-interim order of release on payment of the duties and other charges on the basis of the invoice value in cash and furnishing bank guarantee for the disputed duties and taxes. 3. It is further stated that the petitioner is a commercial importer a......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...Category: Fiscal/Taxation Law | Date: | Hits: 95
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