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Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....icting and sentencing him as mentioned above. 8. Being aggrieved by the said Judgment and order the convict has filed this petition under 561A and obtained the instant rule as because the statuary time limited for preferring an appeal has expired. 9. Learned Advocate Ms. Nusrat Jahan represent......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....re of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' fundamental rights guaranteed under Articles 27 and 31 of the Constitution." 4. At the time of issuance of the Rule this Division directed the respondents to treat the petitioners "Consul......er branch of argument is that the government has appointed the petitioner through QCBS method under the Public Procurement Act, 1006 and the Public Procurement Rules, 2008 (which is used only for the appointment of consultants) the petitioners should, for all material purposes be treated as a 'Consu..Category: Fiscal/Taxation Law | Date: | Hits: 152
....t No.3 has appeared and filed an affidavit-in-opposition on the facts stated therein. In the said affidavit the respondent-bank has contended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for t...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 107
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rder dated 15.10.2003 on the reasons that the suit land is a beel in nature and that the plaintiff did not produce any documents to show that defendant No.5 was owner of the suit land at any point of time. As per provision of section 20 (2) (Kha) of the State Acquision and Tenancy Act, the land vest...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....ing to Taka 13,500/-(thirteen thousand five hundred) only on 26.4.1977. He, however, assured the plaintiff to execute another sale deed in respect of remaining five decimals of land within very short time after evicting his tenant therefrom. In spite of repeated demand by serving several legal notic......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....pires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and was not individually or jointly liable for the deficiency of stock. The learned Judge, afte...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....rt in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to examine the evidence on record t......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....e in page No.1 of the file N/s5(Q) was served upon the possessor, petitioner Muklesuddin for surrendering possession”. The Tribunal disbelieved Ramjan Ali’s presence in Bangladesh at the relevant time as no citizenship certificate, non-option certificate, voter list or any other document in supp....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guarantees. The delivery was to be completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplied a small part of the goods under contr......bitrator; the plaintiff it appears, apprehends that the Secretary of the Ministry concerned may not take an impartial view of the matter, and for the reason plaintiff is trying to make out a case for appointment of a new arbitrator in place of the Secretary. It is to be seen whether the Court is emp..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....enancies shows in clear terms that the defendant took settlement of the tenure and not of raiyati right, and an such he cannot acquire occupancy right in the tenure by cultivating the land for a long time nor he can acquire any occupancy right by virtue of his being a settled raiyat in that village.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. The Death Reference and the Criminal Appea......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
.... was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the Railway authority took back 31 decimals of land and leased the s......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....ina Akhter (P.W.1) on 28th March, 1992 at about 1 am. It is alleged that the dacoits fastened the informant, assaulted her husband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the ba......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....n no cash money was required to be paid by the licence holders but when the licences were presented before the postal operator for renewal, the licence holders were required to pay money, that at the time of issuance of tax token no money was required to be paid but that “only when the same is pre......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....heir services by Biman did not go to the Labour Court. From the affidavit-in-opposition filed in the writ petition, it appears that the same objection was taken before the High Court Division. At the time of hearing of the Rule, the objection was agitated and in support of the objection, the case of......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....d the moment the period of the ‘প্রকল্প’ would be over. It was also a condition that before completion of the project, the petitioner could be terminated/relieved of his service any time by giving him one month's notice or giving him one month's salary. Annexure-‘A1’ shows that......Phase of the project and the petitioner was released from his service without issuing ‘one month’s notice or making payment of one month's salary’ as required by the terms and conditions of his appointment. After receiving the inquiry report, the Director General of the Directorate of Women an..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....;C) dated 06.05.2002 issued by the Deputy Registrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X7-3195-EB-140X11-4375 under the National Pay Scale, 1997. At the time of appointment of the petitioner, the post of PA/Stenographer was classified under বাংল...... in the writ petition. 4. In the writ petition, it was stated, inter alia, that in 2002, the writ-petitioner (hereinafter referred to as the petitioner) appeared in the competitive examination for appointment as a Personal Assistant/Stenographer (hereinafter referred to as PA) of the High Court D..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....e Managing Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given the modified time scale to which he was entitled. He made repeated written representations to the authority conce......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated 16.04.1987 and he made payment of the value of the plot during his life time. Before handing over the plot to him he expired in a hospital in Chittagong on 19.06.1994 leavi......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
....ing the Appeal for hearing by waiving deposit of 25% of the demanded or imposed penalty under Section 42 of the VAT Act read with section 196 and 2nd proviso to section 194 of the Customs Act. At the time of hearing of the Appeal on 5-2-2007, the petitioner filed an application to accept the Memo of...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
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