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Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....Rajbari in Title Appeal No. 162 of 2001 reversing those dated 4-9-01 passed by the Subordinate Judge, Court No. 1 at Rajbari in Title Suit No. 23 of 1995. 2. The plaintiffs instituted the suit for partition. Defendant Nos. 1 to 8 and 30 who are opposite party Nos. 1 to 9 herein contested the suit......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....ction of law in failing to take cognisance of the offence as required under Regulation 2(2) of the Martial Law Regulation No. 1 of 1982 contributing to the passing of the impugned judgment and order apart from the ground of mala fide, coram non judice and without jurisdiction. 9. The learned Assi......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

.... 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte judgment and decree dated 30-7-95 passed In Other Suit No. 151 of 1999 by Second Commercial Co......id not belong to Taherul Anwar and Nelufar Anawar. He denied that he created the power of attorney in collusion with Anwara Begum. 29. PW 5 Nargis Sultana deposed to be an Advocate. She held local investigation as an advocate Commissioner after service of notice upon both parties. She submitted h..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....om Original Decree Nos. 505 & 506 of 2000. Judgment Md Abdur Rashid J.- We heard both appeals together and now dispose of them by this judgment as the issues raised therein between the same parties are the same. 2. First Appeal No. 506 of 2000 arises out of Other Suit No. 17 of 1997. Lu......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

.... there was no warrant in law to treat their employment as permanent and the labour cases were therefore liable to be dismissed. 5. The Labour Court having recorded the evidence adduced by both the parties and hearing the arguments advanced by the learned lawyers of the parties passed the impugned......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....e of the chest of deceased Amzad causing fatal injury. The deceased fell do.wn on the ground when the assailant started fleeing towards the east from the place of occurrence and the informant and his party chased him but he could not be apprehended because it was dark. The victim was then taken to S......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

.... occurrence the appellant beat his deceased wife. The prosecution sought to connect the appellant with the death of his wife only on the circumstance that the deceased wife was done to death at later part of the night in the hut of her appellant husband. 22. In the case of State vs. Md Shafiqul I......a cot. Then he going to Kaokhali Police Station informed the matter to the police, on the basis of which UD Case No. 2 dated 27-2-1984 was recorded and endorsed to Sub-Inspector Abdul Jalil Molla for investigation, who making inquest of the dead body of the deceased sent the same to the morgue for p..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... any such reconditioned industrial capital machineries may be imported under commercial basis with commercial object. The learned Deputy Attorney-General could not show anything to substantiate that apart from the impugned order these two provisions of the Import Policy Order, 2003-2006 have been re......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement. 5. According to the terms of t......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... in these two Writ Petitions and, as such, they were heard together and are being disposed of by this common judgment. 2. Both the petitioner-companies assemble refrigerators after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that suppl...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....attle Hat. Again there was no bidder. In this situation the respondent No. 6 again fixed 13-4-2005 for submission of tender for the 4th time for leasing out the said Cattle Hat. This time six bidders participated in the tender and of them respondent No. 7, Md. Rasel Ahmed, was considered as the high......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

....nst the Ministry of Land and Lacca Tura Tea Estate and others for declaration of title and recovery of khas possession in respect of the said land along with other lands. The said suit was decreed in part declaring title only in favour of the father of the petitioner in respect of the second schedul...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

....-General—For the Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passe....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...

Category: Fiscal/Taxation Law | Date: | Hits: 104

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....reversing that dated 24-2-97 of the Deputy Commissioner, Rangamati Hill District in Civil Suit No.17 of 1995. 2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directo......upervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Project. An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was state..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....d the consideration money for purchase of the suit land covered by the Exhibit 1 for his wife the plaintiff No.1 and P.W.5 Naderuzzaman, husband of the plaintiff No.2 paid the consideration money for part of the suit land covered by the kabala Exhibit, 1 (a) Kabala Exhibit 1 and 1(a) were registered......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

.... Vs. State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, sp......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

.... were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit being Title Suit No.90 of 2000 in the 2nd Court of Assista......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

....hrul for recording their confessional statement under section 164 of the Code of Criminal Procedure. He denied suggestion that he submitted false charge-sheet after being gained over by the informant party. 20. Mr. MA Quddus, the learned Advocate for the appellant submits that there has been depa......e taken to the hospital. Thereafter, the informant went to the police station on the same date and lodged first information report at 10-30 PM. 2. Inspector Md. Jahurul Islam Chowdhury took up the investigation of the case and visited the place of occurrence. Sub-inspector Md. Shamsul Alam Fakir ..

Category: Criminal Law | Date: | Hits: 35

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

.... He cites the decision in the case of Haider Ali Vs. the State, 47 DLR (AD) 46 and that of Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493. 9. Mr. Garib Newaz, learned Advocate for opposite party No.1 (defendant No.1) submits that the suit as framed is not maintainable under the proviso to......cate Commissioner was appointed to ascertain the present position and nature of the suit land, namely, whether there is any paddy in the land and also the number of structures standing thereon. After investigation, the Advocate Commissioner submitted his report on 11-5-1999 with a sketch map. The re..

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

.... by law or the contract to recover the loss in this case. The officers responsible for not taking appropriate steps under the contract to prevent the loss should be proceeded against. 9. Before we part with the matter, Mr. Hasan Arif, the learned lawyer on behalf of Mongla port and Harbour Master......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212