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Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

.... possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was prepared in his name. In course of time the entire land was purchased by one Hariram Dhar in an auction sale about 60 years ago and sin......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....earned Advocate further submits that in their application, on the other hand, they asserted that they wanted to be added as appellants to protect the interest of their deceased father and at the same time they asserted that their father was Borgadar of the suit land under the Bainchitala Junior Madr......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...

Category: Property Law | Date: | Hits: 55

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

.... besmeared with a stigma for the alleged objectionable activities without giving her an opportunity to controvert the allegations so made against her. It is contended by the petitioner that it is the time-honoured principle of natural justice that no one should be condemned unheard. It is asserted b......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....n of the offence. However, the Magistrate has no power to investigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order fo......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ity and is of no legal effect and/or such other or further order or orders passed as to this Court may seem tit and proper. The Rule is made returnable within 2(two) weeks from date. In the meantime, let the operation of the impugned প্রধান কার্‍্যালয় ইস্......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....ar-ul-Haq Vs. Income Tax Officer Bahawalpur: the Supreme Court of Pakistan also adopted aforesaid case of Maharana Mills Ltd. It held that- ''This section empowers an Income-Tax Officer at any time within four years from the making of an assessment order, of his own unction to rectify any mis......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

....hich the incriminating articles were recovered is a heap of cowdung and that the place is owned by the accused and that the seizure list witnesses and the members of his force all were present at the time of recovery of the arms and ammunition and that there was a gathering of 15/20 numbers of peopl...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....he co-pre-emptor. Secondly, the summons shown to have served cannot be treated as good service, so according to him the application under section 96(4) of the Act was filed by a the pre-emptor within time and considering such facts the learned Judge of the trial Court allowed pre-emption. In support......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

....s, learned Advocate assisted by Mr. HM Borhan, learned Advocate appearing on behalf of the petitioner, has made his submissions. But no one appears on behalf of tile opposite party Nos.1 and 2 at the time of hearing of this revision. 8. It is by now well settled vide the decisions held in the cas...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... 2006, and other on 28th October, 2006 inviting applications for appointment to some posts without regularizing the writ petitioners’ services in the revenue set up who have been serving for a long time. Some of the employees of LGED have been transferred to the revenue set up but the writ respond......have been working in respect of those development projects will be eligible for consideration for absorption in the revenue set up, and the other employees and officers either employed on monthly pay scale basis or on daily wage basis in respect of other development projects can not claim as of righ..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

....tition for Leave to appeal before this Division. 5. Mr. Shaheed Alam, the learned Counsel appearing on behalf of the petitioners submits that the value of the land has increased due to passage of time and it is the decision of the Government that the respondent Samity must pay the higher price f...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....urther submits that the law and order situation of the country, specially that of Barisal Town, is not at all safe inasmuch as there is apprehension of breaking down of law and order situation at any time where the petitioners may face inconvenience inasmuch as their lives are in danger, since they ......as been threatened by the other side in open Court to be picked up from the Court with no hope to return and there is also pressure on his lawyer not to defend him, it is thus difficult to assess the scale of threat to his life or its existence of non‑existence. We have already mentioned earlier t..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....eign print sarees as described in the seizure list. Subsequent to the preparation of the seizure list, signatures of the witnesses were obtained but the owner of the shop was not found present at the time of seizure. The informant after depositing the seized articles with the Customs Office lodged t......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...

Category: Criminal Law | Date: | Hits: 73

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....asis (Wage sheet Annexure C) with access to the subsidised canteen facilities (Annexure D) of the Authority. The petitioners further claim that the respondents verbally assured the petitioners at the time of their initial appointments that they would be permanently absorbed within a specified time. ......itioners with regard to practice is not tenable. 26. Admittedly, the petitioners had been working for the last 10/15 years (with some intervals) on daily payment basis. They were not given any pay scale or festival allowances which are provided to regular employees of the Authority. During this l..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....nnection or consent of Rina Alain in respect of issue of Exhibit E (2). It is true that disbursement as shown on 17‑3‑88 violated clause VII of sanction letter dated 19‑6‑88 Exhibit C. At the time the suit property was mortgaged against another loan and no letter of consent was obtained from......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...

Category: Civil Law | Date: | Hits: 109

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....conscious condition. PW 1 stated that the appellant was shifted to the hospital for treatment. PW 2 stated in cross-examination that as the appellant was sick, he allowed him to sit on a chair at the time of recording, his statement and that the appellant was then undergoing treatment. 8. This co...... AIR 1972 SC 535, it has been observed "it is true that if the threat to the person or property which the accused was entitled to defend was real and immediate he was not required to weight in golden scales the kind of instrument and the force which he used at the spur of the moment". This right of ..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....e suit for declaring the defendants bankrupt. 18. Same date the plaint was received and registered as Bankruptcy Suit No. 27 of 2000 as is evidenced by order No. 1 dated 25‑4‑2000. At the same time, the Court fixed 7‑5‑2000 for hearing on maintainability of the suit, which was ultimately ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....rayangonj City Corporation Election, the writ-petitioner preferred an appeal being Serial No.17 of 2011 before the Divisional Election Commissioner, Dhaka (writ respondent No.4) within the stipulated time. Writ respondent No. 4, rejected the appeal affirming the order of the Returning Officer dated ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..

Category: Election Law | Date: | Hits: 250

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

....8-1-2007 by different cheques. In both instances the understanding was that the money would be paid back by the petitioner in the month of March, 2007. But the petitioner did not pay the money in due time and upon demand by the respondent No.1, issued two cheques dated 1-4-2007 and 10-4-2007 for Tak...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....5. Defendant No.1 subse­quently affirmed an affidavit on 24-2-2005 in support of the gift. Defendant No.1, in fact, created the gift with a view to depriving the plaintiff. Defendant No.1 in the meantime divorced the plaintiff. Hence the suit has been filed. 3. Pro-forma defendant No.3 contested......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81