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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......s 66(2)(d) and 67(1)(d). It is therefore argued by the learned Counsel that the provisions in the aforesaid Articles of the Constitution cannot be construed in such a way as to allow any premium on a person who is otherwise convicted for a criminal offence involving moral turpitude and according the..

Category: Constitutional Law | Date: | Hits: 202

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

.... he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in accordance with law. Inquiry contemplated under rule 100 is restricted to the question of possession only and even though......e party. In this connection Order 21 rules 100, 101 and 103 of the Code of Civil Procedure are relevant for the purpose of disposal of the matter, which are reproduced below: “100. (1) Where any person other than judgment-debtor is dispossessed of immovable property by the holder of a decree fo..

Category: Property Law | Date: | Hits: 82

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......er the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till th..

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......iya Sangsad were sitting with the Treasury Bench in one enclosure and BNP and Jamaat members of the Sangsad were sitting in a separate enclosure Respondent No.5, Hossain Mohammad Ershad, also wrote a personal letter to the petitioner in his own handwriting on 24-6-96 congratulating him on his becomi..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......ion, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Government has taken a policy but the same is not being followed by the concerned persons in the office and that the petitioner by dint of her hard work managed two meals a day for h..

Category: Property Law | Date: | Hits: 97

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......ce was required for keeping a dagger, a dagger was not an arm. He has further argued that knives and kiris are not included in section 4 of the Arms Act and, as such, keeping those in possession by a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that ther..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......aka by judgment and decree dated 29-5-1997 dismissed the suit. In recording dismissal the learned Senior Assistant Judge as the trial Judge held that it was not proved that plaintiff was the allotted person on suit property and plaintiff got title on the basis of allotment and possession and title o..

Category: Property Law | Date: | Hits: 83

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......hat the corporation is not a company but a local authority and in arriving at such a funding they have lost sight of the definition of assessee as contained in section 2(2) of the Act which defines a person and the company is included in the definition of person under section 2(9) of the Income Tax ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......edical College Hospital. 6. Police arrested the petitioners Nos. 3-11 from or near the place of occurrence on the night occurrence and after investigation submitted charge sheet against 12 accused persons including the 11 petitioners under sections 448/323/302/114/34 of the Penal Code on 30-7-96...

Category: Criminal Law | Date: | Hits: 33

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......withdrew Tab 85,900.00 on 15-11-79 under cheque No.642354. Subsequently, all the relevant vouchers in connection with the collection of the cheques in question were dishonestly removed by the accused persons from the bundles of vouchers reserved by the bank in their bid to destroy the evidence of fr..

Category: Criminal Law | Date: | Hits: 104

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... made an application under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex parte ad-interim injunction on ..

Category: Civil Law | Date: | Hits: 148

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......me leaving his dead son in the hospital and ascertained about the occurrence from the people that Salim, petitioner Lalu and another Matin Mia had killed his son. He also learnt that the said accused persons including the petitioner stabbed another boy named Azad. Pursuant thereto Mirpur PS Case No...

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..

Category: Property Law | Date: | Hits: 71

Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......on against the accused petitioners without having any materials on record and that such type of allegations do not actually constitute any offence. It is submitted that the complainant is a notorious person in the locality. Once he was arrested in connection with a sensational murder case of BUET st..

Category: Criminal Law | Date: | Hits: 100

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ouse. These are not disputed. 47. A deed of sale prepared and executed after much thought and deliberation and finally concluded by registration is a solemn act transferring right and title to the person whose name appears as transferee in the deed. The presumption carries with the registration n..

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......effect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a conflicting decision in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed bec..

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. .......2-4, also joined them and they started for the place of occurrence dividing themselves in 3 groups and approached the same from 3 different directions. The said dacoit having got scent of the police personnel in the area started running away when deceased Sub-Inspector Amzad caught hold of him. At ..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......over family dispute. He then lodged first information report against them. 3. Police after investigation of the case submitted charge-sheet against the three first information report named accused persons including the appellant, who was absconding. They were put to trial in the Court of Addition..

Category: Criminal Law | Date: | Hits: 41

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Agreement with the petitioner company on 12-7-2001 (Annexure B). 3. Clause 2.3 of the Licence Agreement provides that until the fourth anniversary of the Effective Date, MOPT shall ensure that no person other than BTTB or its successors and the operator builds, owns or operates a Local Fixed Net..

Category: Information Technology Law | Date: | Hits: 321