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MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any f......ity, but the denial of any special privileges by reason of birth, creed or the like in favour of any individual and also the equal subjection of all individuals and classes to the ordinary law of the land administered by the ordinary law Courts.”
5. In the “Limitation of Government Power” b......m ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......Officer-in-Charge, Gopalganj and others reported in 41 DLR (AD) 30 re paragraphs 28, 29, 38, 74 and 76 wherein it has been held:
28. From the respective submissions of the parties in this case the question before us is whether the guarantee of the Constitution, in Article 27, that “all citizens..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......lations, 1960. He submits that the first supersession by Abu Saleh Mohammad Nasim is a temporary one as the petitioner was not served with the notice of supersession. Secondly, the petitioner being unquestionably senior to respondent Nos. 3 and 4 there was no reason not to follow the Principle of Se..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ion. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......fused to interfere with the decision of the learned Sessions Judge. The appellant then moved this Court for leave and leave was granted to consider whether the learned Sessions Judge was competent to question propriety of the Government decision to withdraw the case against the appellant and whether..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......roceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......aken cognizance on this petition. It should be noticed that the previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Juris..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khag......ed. 4. On transfer the suit was heard by Mr. A. R. Chowdhury, Additional District Judge, Chittagong. Four witnesses including plaintiff respondent No.1 were examined by the propounder. The Will in question, dated 4th Augrahyan, 1328 B.S. corresponding to 19.11.1921 was produced, proved and marked..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... V.P. Case No.6176 and he paid rent to the Assistant Custodian, Enemy Property and obtained receipt thereof. The defendant contended that the suit is bad for defect of parties and the complicated question of title is also involved which cannot be tried by the Court of Small Causes. The defendant..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... claim made by the petitioner bank the defendants made a counter‑claim on payment of ad-valorem Court fees on fixed and ascertained amount. It is contended that the petition filed by the petitioner questioning the maintainability of the counter‑claim is misconceived and untenable and the Artha R..Category: Civil Law | Date: | Hits: 116
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ter of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......fan duly registered under the Patents and Designs Act, 1911, being Design No.00661 dated 4‑1‑89. A copy of the certificate showing the picture with description of nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design t..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Majid through their predecessor‑in‑interest Md. Yusuf Ali and got exclusive possession in 0.80 acre of land of plot No.154. The defendant No.6 transferred the said land along w......y injunction for restraining the defendant opposite party from executing any document in respect of the suit property, constructing any building or digging any earth and changing the character of the land of the 'Ka' schedule property till the disposal of the suit claiming title to the suit property......n: 50 DLR (HCD) (1998) 434.......led by them before the learned District Judge for staying the operation of the order of status quo was filed under section 151 of the Code of Civil Procedure. In that view of the matter the pertinent question that calls for determination by this Court is as to whether the impugned order of stay was ..Category: Civil Law | Date: | Hits: 93
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....f Munsif, 2nd Court and the SCC Judge at Serajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Satish Chandra and others from whom the plai......the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Satish Chandra and others from whom the plaintiffs have purchased the suit land. After their purchase the plaintiffs asked the defendant No.1 to deliver possession of the suit......s Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4118 of 1991. Judgment Syed Ami......e Code it would be clear that the Small Cause Courts have the power of review under Order 47 rule 1 of the Code of Civil Procedure. The learned Advocate further submits that the review application in question was a competent one and the learned SCC Judge legally exercised the jurisdiction and rightl..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......o use it to suppress methods of advocacy which are merely offensive is to use it for a purpose for which it was never intended." 27. The law of contempt of our country is based on Common Law of England and as such the observation of the Privy Council as quoted above has got great persuasive value...... I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......ve asked for the constitution of the bench from the Chief Justice. I have nothing more to express but regrets. So far, however, the conclusion is concerned, the cotemner's objection on jurisdictional question must, therefore, necessarily succeed. Badrul Haider Chowdhury, J.- This is an unfortunat..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......r as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......airman, 1st Labour Court and another, (1976) 28 DLR 178, that an application under section 34 of the Ordinance was maintainable.
Special Leave was granted by the Appellate Division to consider the question whether the application under section 34 of the Ordinance was maintainable in the facts and..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......e that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahnasheen lady. The plaint case is that the suit land belonged to Atar Ali and his brother. On Atar Ali's death his interest was inherited by his wid......t, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......s upon the recipient of the document, the appellant. The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspicious, as he evaded the question, and would not answer directly. He was the lone witness, who is supposed to be the person w..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... account. The Manager granted him overdraft facility. The Regional Manger took exception to these and therefore the Bank on 23-5-75 asked for security by way of Mortgage of the Cinema Hall with land and other equipments worth over Tk. 5 lacs in favour of the Bank. By 30-1-80, the petitioner ha......ddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......n of the principal amount plus something extra which is interest. The Regional Manager took exception because the Bank Manager had violated some rules and regulations. That may or may not be. It is a question of evidence. But what would be the charge against the petitioner? At the highest that has b..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......t Bell Liquors Ltd, 1922 Act 128; R Vs. Panel on Take over and Mergers, ex-parte Datafin PLC (1987 2QB 864); Reg. Vs. Criminal Injuries Compensation Board, Ex parte Lain [1967] 2Q.B. 864; Bank of Scotland Vs. Investment Management Regulatory Organisations Ltd. 1989 SLT 432; R Vs. International Stock......m leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......b, which is affiliated or recognized by the respondent no. 1. The petitioner is not a member of the respondent no. 1. Even Comilla Riffle Club, of which the petitioner is a member, has not raised any question about the affairs of the respondent no. 1. Mr. Imran Chowdhury of Comilla Riffle Club was a..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......artment (2003 1 WLR 2724); (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL ER 249); R Vs. Ministry of Agriculture Fisheries and Food, ex-parte Homble Fisheries Ltd (1995 2 ALL ER 714); Rawland Vs. Environment Agency (2005 Ch,1); R Vs. Devon CC ex-parte Baker (1995 1 ALL E R 73); R Vs. Ne......up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
...... while his next limb of was erected on the notion of equitable estoppel.
Unfortunately, again, none was available to refute the submission the petitioner’s learned advocate proffered.
18. The questions, we are to resolve, are (1) whether the respondents’ actions went hand in gloves with la..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... of Subedar Md. Zakir Hossain, a RAB team raided the appellant's house and arrested him at about 1.20 a.m. and recovered fifteen militant (জেহাদী) books and three audio cassettes from his possession. In his petty long deposition, he stated nothing else showing involvement of the appellan......third person Md. Rezaul Karim from his house at village Charboarmary within the police station of Godagari, Rajshahi and following his statement they recovered 3978 pieces of detonators from a nearly land owned and possessed by one Iliasur Rahman alias Khyapa. 3. The ejahar gave rise to Godagari ...... not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....ea that it was wrongly vested as abandoned property - whereupon the government divested the said property, executed a registered sale Deed in her favour on 21-6-1980, and accordingly restored her possession. The said Lady, thereafter, executed an Agreement for Sale on 10-8-1985 through her const......be directed to mutate the said property in the name of the petitioner by receiving the transfer fee. 2. Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (herei......30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......h has appeared on behalf of RAJUK and vigorously argued issued against issuance of any declaration and/or direction as per the terms of the Rule. 5. Mr. Moudud Ahmed submits that the property in question admittedly belonged to the said Austrian Lady under a registered leased deed executed by ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....e assessee the result of any private inquiries made by him, he must communicate to the assessee the substance of the information so proposed to be utilized to such an extent as to put the assessee in possession of full particulars of the case he is expected to meet and should further give him ample ...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......tment and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... and the cost of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Wh..Category: Fiscal/Taxation Law | Date: | Hits: 151
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