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Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....eferred the case of BKN Pillai Vs. Pillai and anoth­er, AIR 2000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any proceedings in a suit and all necessar......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....of the present Ordinance, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made t......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....h­standing anything contained in these Rules, the Purashava may lease out collec­tion of Octroi of or Octroi post barrier or group of such posts barrier for a period for not exceeding one year at a time on such terms and conditions, not being incon­sistent with the provisions of these rules, as i......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....gla­desh to be a sovereign People's Republic and thereby confirm the declaration of independ­ence already made by Banga Bandhu Sheikh Mujibur Rahman, and do hereby affirm and resolve that till such time as a Constitution is framed, Banga Bandhu Sheikh Mujibur Rah­man shall be the President of the...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....d in 30 DLR (1978) at Page 109. 3. From the judgment of the High Court Division it is clear that appellants before the High Court Division in these two Criminal Appeals were not represented at the time the appeals were beard. The Division Bench disposed of those appeals in the absence of the lear......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....h credit account accrued by mortgage along with other two accounts. Notice of the suit had been duly served upon the defendant but with an ulterior motive, the defendant did not appear in the suit in time. The suit was fixed on 8-9-1987 for ex parte disposal. On that date, the defendant filed a peti......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....en statements denying all the material allegations of the plaint and contended, inter alia, that he never entered into any agreement for the sale of the suit property to the plaintiff at any point of time. It has also been contended in the written statement that defendant No.1 is his elder brother a......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....jahar with Ramna Police Station on 23-9-92 under sections 468/471/420/109 of the Penal Code, stating, inter alia, that the offences under the aforesaid sections had been committed by the accused some time in June, 1984. 4. After due investigation a charge-sheet was filed on 30-8-93 against the pe......heir official duty. 17. It would be absurd and preposterous to hold that the above section is designed to give protection to persons from prosecution, for offences committed by them prior to their appointment as public servants. 18. In the case of Ataur Rahman Vs. State reported in 19 DLR (SC)..

Category: Criminal Law | Date: | Hits: 71

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......t and accordingly, the defendant No.2 gave a notice to that effect which was published in the daily newspaper on 18-8-97 and the defendant No.6 was ultimately selected for that post and she was given appointment letter and she joined the post. Their further case was that order of dismissal of the pl..

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......ision in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring th..

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 ......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...

Category: Criminal Law | Date: | Hits: 86