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Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

.... In order to appreciate the submissions advanced by the learned Counsels 1 have gone through the revisional application, impugned order, application for proposed amendment, plaint (fur­nished at the time of hearing) and other materials on record and given my anxious consideration to their submissio......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... a public-spirited citizen espousing causes of others, has been facilitated by the absence of any Constitutional provision as to who can apply for a writ. In England, various tests were applied. Some-times it was said that a person must be 'aggrieved' or he must have 'a specific legal right' or he m......case of the Secretary, Ministry of Finance Vs. Masdar Hossain reported in 52 DLR (AD) 82 (hereinafter referred to as Masdar Hossain's case), the Government has failed to introduce a separate pay scale for the members of the Judicial Service. The initial pay scale of a District Judge being at gr..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....led freedom fighters through proper listing and ensuring payment of benefits and allowance to them. The injured Freedom Fighters applied for their enlistment as disabled freedom fighters at different times during 1997 and 1998 and the authority, after proper scrutiny found the petitioners as Genuine......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....r (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of hearing of the case to enable him to get a lawyer from Comilla Bar and erred in not granting time to enable the appellant to file a petition under section 28 of the Local Government Ordinance, ......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....at levy of taxes and rates are to be made in accordance with the Model Tax Schedules framed by the Government under section 35 of the Ordinance. Directions given by the Government in this behalf from time to time are binding upon the Municipality concerned. The case of the appellant was entirely bas......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

.... The Government granted the licence required under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amend­ed several times at the instance of the Govern­ment before the licence was granted. The chief business of the ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

....n. The informant saw the occurrence from 8/10 cubits away and went along with his paternal uncle Lal Mia, cousins Mukul Master, Iqbal Mia, Nobi Mia and Badal Mia in order to save his brother. At that time accused Chootto and Parvez shot at them with local made firearms, he (the informant) was injure...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..

Category: Criminal Law | Date: | Hits: 122

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....lopment Leasing Company as plaintiff has filed Bankruptcy Case No.5 of 2003 against opposite party Nos.2 and 3 for declaring the Directors of the Company as bankrupt. Petitioner filed application for time for filing written objection. Learned Judge fixed 13-9-2005 as it appears for service return bu......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....cision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held: "Since the date of receipt is a question of fact to be ascertained at the time of trial, non­disclosure of such fact in the complaint petition cannot render the proceeding l......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....­tion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all fur­ther proceedings of the above mentioned Case was stayed and t......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

.... forcibly entered into the "Chowchalas baithakkhana" by breaking open a lock in spite of protest from some persons present on behalf of the appellant who was not pre­sent at the spot at the relevant time and that on returning home at about 12-30 P.M. the appellant found the respondents in the huts........ Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....reparatory to retirement shall actually retire on the expiry of his leave. Since the leave was granted for six months which expired on 31.7.73 the proceeding against the appellant was pending at that time and charge was framed on 3.4.73 under P.O. 67 of 1972 and he was suspended on 25.7.73. The High......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ed 07-9-2006 by which the property of the Waqf was included in acquisition. A subsequent application was made challenging the acquisition under LA Case No.138/61-62 on the ground that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ..

Category: Property Law | Date: | Hits: 106

M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)

....the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were not directed to pay the adjournment cost of Tk.200/- within any specified time. 5. Being aggrieved by this order of the trial court this petitioner preferred the above men......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..

Category: Procedural Law | Date: | Hits: 75

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....It appears that the only point which has been agitated before us from the side of the petitioners was considered deeply by all the courts below. Admittedly, the case land was agricultural land at the time of its transfer to the pre-emptee. The pre-emptee after his purchase of the case land construct......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..

Category: Property Law | Date: | Hits: 98

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....with his gang, created reign of terror at Magurkhali Bazar which was recorded in a General Diary in the respective police station; that the accused Kartick gave the informant an ultimatum of one week time demanding Tk. 50,000/- as chanda by making threat upon life of the informant, that the informan......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

.... of the Penal Code. 7. On 19.5.2009, the appellant surrendered before the trial Court. On that date, he was sent to the Dhaka Central Jail for serving out the sentence. 8. The appeal was out of time by 463 days and accordingly, Criminal Miscellaneous Case No.5686 of 2009 was filed before the H......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...

Category: Criminal Law | Date: | Hits: 133

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

....issued earlier and directed the Government to restore possession of the suit property to the defendant by 28th June, 2001 with a direction to file an affidavit-incompliance to that effect. In the meantime RAJUK being empowered by the Government issued an auction notice being No.14/2000-2001 publishe...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....333 and 1337 B.S. by dint of Amalnama and rent receipt executed by the landlord. From the aforementioned testimony, it reveals that the P.W.1 was born in the year 1334 B.S. Thus it stands that at the time of settlement he was neither married nor it was possible on his part to take settlement in the ......itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....umar Kuri agreed to leave it on demand. During the war of liberation, Onnada Sunduri went to India with plaintiff No.2 and 4 and died there in refugee Camp. Santa Kumar Kuri was also in India at that time and his house in Bangladesh was also looted away. After the war of liberation Santa Kumar Kuri ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..

Category: Civil Law | Date: | Hits: 103