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Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

....bmitted charge sheet against FIR named accuseds along with absconding accused Keyamuddinm alias Razu and eventually the case was sent to Nari-o-Shishu Nirjatan Special Tribunal No. 3 Dinajpur and was registered as Special Case No. 173 of 1997 and the accuseds were put before the Nari-o-Shishu Nirjat......r as informant lodged First Information Report with Hakimpur Police Station implicating the accused appellants alleging, inter alia, that he along with patrol party came out from Hilli Camp Border outpost for preventing smuggling and guarding the border area and while on patrol duty at Fakirpara Dha...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..

Category: Criminal Law | Date: | Hits: 84

AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)

....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......tion calls for consideration is, whether the impugned order was passed by the respondent No. 3 in accordance with law. 8. We find from the record that the petitioner, after retirement from the post of DIG Police), was employed further in the same post on 11-3-2001, on a contract basis for a ......dgment April 26, 2007. Cases Referred To- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh 46 DLR (AD) 37. Lawyers involved: Maniruzzaman for Bashir Ahmed, Advocate — For the Petitioner. ..

Category: Employment/Service Law | Date: | Hits: 76

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....without objection and the statement of sale figure is marked exhibit-2 in favour of the appellant. Perused the certified copies of the appellant 5 sale deeds numbering 6519, 2978, 2979, 6518 and 2733 registered in Fatulla Sub-register Office for the land of the same descrip­tion, same vicinity and ......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......n that view of the matter, we find no substance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....ter. Being aggrieved by the aforesaid assessment order of the Assistant Commissioner of Taxes the applicant preferred an appeal before the learned Appellate Additional Commissioner of Taxes which was registered as Appeal No. 684 of 1991-92 and the Appellate Additional Commissioner of Taxes on princi......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member......id. The complainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice through daily ‘Inquilab’. The notice was issued through registered post with AD and the complainant received notice which was acknowledged on 23.03.2006. In spite of g......mplainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice through daily ‘Inquilab’. The notice was issued through registered post with AD and the complainant received notice which was acknowledged on 23.03.2006. In spite of getting not..

Category: Criminal Law | Date: | Hits: 45

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....onged to ex-landlord M/s. Anath Bondhu Guha and sons, which was originally recorded in C.S. Khatian No. 60. The predecessor of the plaintiff Nos. 1-7 took settlement of the suit land by executing two registered Kabuliyats dated 7th August, 1946 on payment of rent and since then the plaintiffs have p......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....t No.1 who tried to record his name in place of the name of Shurdhani Sheel, defendant No.2. On his asking the defendant No.1 disclosed that Shurdhani Sheel transferred 2.34 acres of land by way of a registered sale deed bearing No.4524 dated 01.08.1992 to the defendant No.1. Then the plaintiff No.2......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ....... In view of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..

Category: Property Law | Date: | Hits: 29

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

....d. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three registered deeds of sale dated 9-3-88 and 14-3-88 and delivered possession. They have been in posses...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...

Category: Property Law | Date: | Hits: 27

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

....ellant and 4 others under sections 365/387/380/342 of the Penal Code. The case was sent to the Special Tribunal, Chuadanga for trial. The Special Tribunal received the case record on 8-­3‑1997 and registered the case as Special Tribunal Case No. 76 of 1997 and took cognisance thereon and held tri....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......pellant Vs. State………………………………..………………..Respondent Judgment April 8, 2002. Cases Referred To- Akhter Hossain Vs. State, 29 DLR (SC) 101; 45 DLR (AD) 13; Mozammel (Md) Haque Vs. State, 43 DLR 614; Asimon Begum Vs. State, 51 DLR (AD) 18; Dulal How..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again in favour of the appellant, Mrs. Ambia Khatun for Taka 12,000 by executing a deed of sale on 21-3-1974 and registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes and the appellant which living ......me house Ambia Khatoon has raised the plea of purchase by way of a forged document obtained through false personation and accordingly the Tribunal as well found that the appellant. Ambia Khatoon an impostor through improper means at least by means as stated by P.W.1 Noor Jahan Begum, the wife of ori......ents Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa Kamal Vs. First Court of Settlement 48 DLR (AD) 61; Government of Bangladesh Vs. Md. Jalil 48 DLR (AD) 10=15 BLD (AD) 175=49 DLR (AD) 26. Law..

Category: Property Law | Date: | Hits: 30

Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)

....est in the defendant Nos.4 to 6 by 3 kabalas dated 31-1-1964. Plaintiff's father Asgar Ali purchased the share of Abdul Gafur by a kabala dated 26th of Jaistha in 1333 BS. The kabala was not however, registered by the plaintiff and his brothers are in possession of their purchased land Plaintiff's f......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......nd no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...

Category: Property Law | Date: | Hits: 29

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....f the victim rushed there and recovered her with the help of Cantonment police station. 3. Subsequently the case was sent to Rupganj PS since the alleged occurrence took place under Rupganj PS and registered the same accordingly. On completion of investigation the police submitted the charge-shee......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ain @ Ali Hossain Bhuiyan ……….Petitioner Vs. State ……………….Opposite Party Judgment December 12, 2001. Case Referred To Sonali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate â€..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

....eged was not served upon Azizur Rahman but from the service return it is evident that it was served affixing the copies of the summons at the outer door of Azizur Rahman and the notice of the suit by registered post which has been shown to have been served obtaining the signature of Azizur Rahman bu......t served upon Azizur Rahman but from the service return it is evident that it was served affixing the copies of the summons at the outer door of Azizur Rahman and the notice of the suit by registered post which has been shown to have been served obtaining the signature of Azizur Rahman but has not b......Petitioner Vs. Mariamunnessa and others….………..Opposite Parties Judgment July 24, 2001. Cases referred to- Upendra Chandra Rishi and others vs Sufia Begum and others 42 DLR (AD) 285; Amirun Nessa and others vs Gulam Kashem and others 42 DLR 499; Munshi Abdul Gani and anothe..

Category: Property Law | Date: | Hits: 44

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....ng about 96 decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala tr......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......, a suit for declaration simplicitor is not maintainable. In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..

Category: Property Law | Date: | Hits: 39

Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)

....titioner submits that Ratan Chandra Karmakar, predecessor in interest of Hem Chandra Karmakar had nothing to lose because his interest was declared by the compe­tent authority and it is supported by registered docu­ment which is more than 50 years old, and hence the petitioner had no reason to ref......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...

Category: Procedural Law | Date: | Hits: 66

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

..../147/148/323/364 of the Penal Code. 3. After submission of the charge sheet the Upazilla Magistrate transferred the case to the Sessions Judge, Narail and it was received by him on 12.12.85 and he registered the case as Sessions Case No. 64 of 85. Since then the case is pending before the Session......r searching Police ultimately recovered the dead body of Belayet Khan and other from under the water hyacinth of Baronal Beel. After in­quest over the dead body of the two deceaseds and having those post mort med the police submitted charge-sheet against the accused persons under sec­tions 302/201......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...

Category: Criminal Law | Date: | Hits: 30

Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)

.... For all these reasons we do not find any sub­stance in this rule. The rule is, accordingly, dis­charged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......teel Rerolling Mills Ltd. of which respondent No.2 is the Manag­er and Respondent No.3 the Managing Director. He joined the service in 1966 as a Furnace helper. On gradual promotions, he rose to the post of the Furnace-in-charge. While working as such he was sud­denly suspended on 27.3.85 by Respo...... April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chairman, Labour Court, Chittagong and others, 33 DLR(HD) 1, 33 DLR(AD) 12; Ayesha Salahuddin vs. Chairman, Second Labour Court and another, 32 DLR(AD) 68. Lawyers I..

Category: Labour and Industrial Law | Date: | Hits: 124

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......Huq, P.W.5, 6, 9 and 12 were not eye witnesses to the occurrence. P.W. 19 Mr.N.C. Biswas recorded the statement of P.W. 17 and accused Shahjahan under section 164 Cr.P.C. P.W. 20 Dr. Kaisaruddin held post mortem examination on the dead body of the deceased Kanchan, P.W. 21 Kutubuddin was the in­ves...... August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The State, 29 DLR (AD) 221. Lawyers Involved: Menhajuddin Ahmed Khan with M.A.Mannan and Md. Zahirul Huq- For the..

Category: Criminal Law | Date: | Hits: 27

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ......ith the learned Advocate for the petitioner that it contains some specific allegations against respondent No.1 about abuse of powers. The respondent No.1, at the relevant time held the responsible post of Secretary, Ministry of Works. Officers of the Bureau of Anti-Corruption are empowered under...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, ......e civilians the heirs of President Ziaur Rahman. Mr. Haque has argued also that the lease deed in question was executed and registered as per rule 26 of CLA Rules, 1937 and that this rule 26 does not postulate a condition that lease by private agreement must be for a reason involving public interest......Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kasturi Lal Lakshmi Reddy Vs. State of Jammu and Kashmir, AIR 1980 SC 1992, 17 DLR (SC) (196..

Category: Property Law | Date: | Hits: 88