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Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....ision of section 93A and 93B of the said Act in view of provision of section 6 of the General Clauses Act. They further submitted that claim of the petitioners that some lands are still unutilized is disputed question of fact and the allottees who are in possession of those lands having not been mad......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In t..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411....... All the appeals are directed against the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United comm..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... ad interim injunction restraining the defendant from blocking the alleged passage but on appeal, the order was stayed but before the appeal could be heard, the defendant raised a wall blocking the disputed passage. In revision, the learned Judge of the High Court Division granting a mandatory inj......the case of The National Bank of India Vs. Yakub Mia 7 DLR 606, in a suit for ejectment the landlord erected a wall during the pendency of the petition for temporary injunction filed by the tenant. Upholding the order of the learned Munsif, directing demolishing of the wall, Akbar, J held as follows..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......is Exhibit Kha also shows that permission was granted for permanent lease. In view of such clear provision of law and the evidence on record, the Court of appeal below fell in serious error of law in holding that the lease for a term exceeding 5 years even with sanction of the Administrator cannot b..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....the contemner to accept rent and electric bills in usual course. 10. As against that the case of the contemners is that one Momena Begum, daughter of Abul Hossain, was the original allottee of the disputed shop and after completion of all formalities, lease deed was executed and she was inducted ......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....the expression as available in 19 Ka, 19 Kha and 19 Gha. 30. In 19 Ka the expression as available under the heading "মামলা নিস্পত্তির মেয়াদ" it is not disputed that the same provision is meant only for the trial Court or tribunal where trial is suppos......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......forfeit the security and no show cause notice was necessary for that purpose. He further contends that although no show cause notice is necessary but the Government issued show cause notice and after holding a proper enquiry the petitioner having been found guilty of violation of the terms of the co..Category: Civil Law | Date: | Hits: 74
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....question facing us is, whether the Taxes Appellate Tribunal was justified to dismiss the appeal before the Appellate Joint Commissioner of Taxes on the ground of limitation only. 13. It is not disputed that sub-section 3 empowers the Appellate Joint Commissioner of Taxes to admit an appeal ev......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......s Annexure-'D'. The petitioner again submitted written reply claiming to be totally innocent in the matter. Copy of the reply dated 12-2-2004 has, been marked as Annexure-'E'. The respondents without holding any enquiry in presence of the petitioner and without affording any opportunity to the petit..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....un and others reported in 53 DLR (AD) 55, it has been stated that since no notice as contemplated under section 5(1)(a) of the Ordinance was issued to the respondents or any other person inclusion of disputed property in the Ka list of the abandoned buildings is without lawful authority. 15. The ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... Rule. 3. The respondent No. 2 Government of Bangladesh has filed affidavit-in-opposition denying all allegations made in the writ petition. The specific case of this respondent is, that the disputed plot was allotted to one Syed Md. Yunus, a refugee from India by then Government of East Pa...... and 12-4-1984 for mutating their names in place of the previous owner. On receipt of the applications the Assistant Commissioners held an inquiry through their local Administrative Officer who after holding inquiry submitted a report on 25-4-1985 stating that the petitioners are in possession of th..Category: Property Law | Date: | Hits: 33
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
.... case, the preemptor examined three witnesses while the opposite parties examined four witnesses. Documents produced by the preemptor were marked Exhibits 1 to 6. Exhibit 4 is a certified copy of the disputed kabala. 9. The trial Court found that before the case for preemption was filed on 13......16 dated 12-10-65. He also purchased 1.70 acres of land by 2 kabalas dated 18-11-66 and 2-2-73 from the same owner, which were adjacent to the case plot. By purchase he became a co-sharer in the case holding being khatian No. 89(66). 4. After purchase, the preemptor got his land mutated in hi..Category: Property Law | Date: | Hits: 28
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....quote him: "There is no doubt that the plaintiff in his plaint might ask for an alternative relief, that is, he might ask that he might be given a declaration of his under raiyati right in the disputed lands under the defendants 1 and 2. But his omission can hardly be a sufficient justificati......442 and delivered possession. Record of rights was accordingly prepared in the names of said recorded tenants and the plaintiff in SA khatian No. 2190 in plot No. 6163. Said land was also recorded as holding No. 47 Lal Chan Mokim Lane in the office of defendant No. 4, the DCC. 5. Then, on the..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......ted 5-5-99 in Writ Petition No.2878 of 1998 and their Lordships in the Appellate Division having disposed of the leave petition by their judgment dated 17th March, 2002 dismissed the leave petition upholding the judgment of the High Court Division passed in Writ Petition No. 2876 of 1998 holding as ..Category: Civil Law | Date: | Hits: 67
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42....... of the Constitution of the People’s Republic of Bangladesh, have challenged under what authority respondent No.1 in Writ No. 953 of 1998 and respondent No. 3 in Writ Petition No. 3251 of 1997 were holding the office as Members of Parliament after being elected on 12-6-1996 in the 7th Parliament. ..Category: Administrative Law | Date: | Hits: 356
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....Upazilla Magistrate being satisfied that there is a serious apprehension of breach of peace drew up a proceeding under section 145 of the Code of Criminal Procedure and in the same order attached the disputed land and appointed the Upazilla Revenue Officer, Cox's Bazar as official receiver. 3. ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....er qualified himself as a Chartered Accountant. He continued to stay in England and came to be gainfully employed there as a Chartered Accountant. With his own earnings in England he acquired the disputed Plot No.NE(G)-II of Gulshan Model Town from the Dhaka Improvement Trust by a registered lea......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....year but the L.C. must be confirmed by the L.C. advising Bank outside Bangladesh and the date of deferred payment will be effected from the date of landing. 38. In the instant case it is not disputed that goods were landed and supplied from Tokyo by the seller namely Yama Moto Co. of Japan ......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....h further direction not to disconnect the gas line or interfere in the business in any way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudica......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
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