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Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......uit by filing written statement denying all the material allegations of the plaint. The learned Judge of the Artha Rin Adalat No.1, Dhaka after hearing the parties and on considering the materials on record decreed the suit by its Judgment and decree dated 21.10.1999 (preliminary decree was signed o......reparable loss and injury. The leave petition was, however, dismissed but with the following observations- “In the facts and circumstances of the case if the petitioner's allegation of non-service of summons of the suit is correct his remedy in a separate suit is not barred, provided his ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......owdhury, the learned Counsel appearing on behalf of the petitioner submits that the High Court Division passed the impugned judgment and order upon misreading and misinterpreting the materials on record and relevant law. He points out that the Chairman of the Labour Court while passing his jud......(SHSOKU) in 1991. Due to his trade union activities the petitioner fell into dis-favour of the General Manager and Personal Manager (writ respondent Nos.2 and 3) of Sonargaon Pan Pacific Hotel. His service was terminated due to trade union activities, which he challenged by filing a Complaint Case..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......on. Abdul Kader Sarder got 1.88 acres of land in his eight annas share. After that, he died leaving behind a son, Alef Sarder and a daughter Saju Bibi. Alef Sarder surreptitiously got the entire land recorded in his name in the R.S. khatian excluding the name of his sister Saju Bibi. Kasiriuddin Sar......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......ed in the meantime) have filed this civil petition for leave to appeal. 8. We have heard Mr. Israfil Hossain, the learned advocate for the petitioners and Mr. Khaled Ahmed, the learned advocate-on-record for the respondent and gone through the judgments of the trial court and also of the High Cou......rif Ahmed. The statements made in the application for succession certificate, in short, were as follows:- 3. Sheikh Sharif Ahmed was an employee of Bangladesh Red Crescent Society. While he was in service he died due to brain hemorrhage on 05.06.2000 leaving behind one wife Mst. Nurunnahar the op..Category: Civil Law | Date: | Hits: 154
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ve not deprived the detenu of his right to make any effective representation against his detention. As a matter of fact on behalf of the detenu a representation was made by the petitioner which is on record. 8. In the instant case it would be absolutely clear that the detention of the detenu is a......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......94 with the order of detention vide Memo No. 45/(S)‑5‑C‑S, dated 12.5.93 (Annexure-'A') passed by the District Magistrate, Jessore, detaining the detenu for a period of 30 days from the date of service thereof. The ground of detention dated 12.5.93 was also served on the detenu on 25.2.94. The..Category: Criminal Law | Date: | Hits: 86
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....to be considered. Where the assessee both manufactures or converts and sells that in another place, the question is whether the profit should be proportioned and part of the profit would accrue where goods are manufactured and part where the goods are sold. 17. In the case of Commissioner of Taxa......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......s, for that matter the Income Tax Appellate Tribunal, was justified in deleting disallowance of expenses for fees for plan approval, engineering, etc. and the amount for the essential co‑ordinating services and expenses and debited in the account of the assessee in Bangladesh." 4. Reference app..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....een Muraduzzaman and the Government:— "9. That the Contractor shall be responsible for the proper conduct and honest behaviour of his staff and coolies while working on property containing Govt. goods. 10. * * * 11. * * * 12. The Contractor shall indemnify the Government against all......tted the offence committed by Habibur Rahman, the Officer-in-Charge of the Godown and are liable to be punished as abettors under Regulation 11 read with Regulation 9. However, let as examine the records of the case rather closely so as to find if there is any basis for the contention of the lea......any document relating to the pecuniary interest of 'the Government' or to prevent the infraction of any law of the protection of the pecuniary interest of the Government, and every officer in the service or pay of 'the Government' or remunerated by fees or commission for the performance of any p..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......n of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the land in suit comprises a plot of land being C. S Plot No.310 measuring '80 acre, which was recorded, along with CS. Plot No.311 measuring .08 acre, as Koljote of one Mainuddin, the predecesso...... the interest of Mainuddin, as it was a protected interest under section 160 of the Bengal Tenancy Act. In case, however, such an interest is held to be an encumbrance it had not been annulled by service of a notice, as required under section 167 of the Bengal Tenancy Act. The story of granting ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....e of the learned Judges of the High Court, they might not have set aside the order of the learned Subordinate Judge fixing against the hearing of the suit on the question of its maintainability. No good reasons have been pointed out by the learned Counsel for the Respondents for not giving an oppo......ppellants in the said First Miscellaneous Appeal, got the said appeal dismissed for non-prosecution on the ground that it had become infructuous and that the learned Judges of the High Court, after recording the order of dismissal of the appeal, proceeded to make the following observation in their......e said First Miscellaneous Appeal, which was placed before us by the learned Counsel for the petitioner at the hearing of this petition, that before the appeal was made ready for hearing as regards service, Mr. Nizamuddin Haider, learned Counsel for Respondents No.1 and 2, who acted as the Advocat..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......………………….Respondents Judgment June 6, 1977. Result: The petition is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advo......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....ng rates and taxes for essential services and shall comply with and carry out all municipal or local requirements as to drains, sewers and sanitary arrangements of the premises and keep the same in good repair and in a proper and sanitary condition.
19. That the Tenant shall not sell, charge, m......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......levied under any law for the time being in force upon the demised property and/or upon any building or structure that may be erected thereon in respect thereof including rates and taxes for essential services and shall comply with and carry out all municipal or local requirements as to drains, sewer..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......the dacoits taking a shabol in his hand and could recognize one of them named Mokles. Their neighbor Yakub Ali Member made a blank fire with his gun, hearing which the dacoits fled away taking a tape recorder and bi-cycle, but subsequently left the bi-cycle at the courtyard of their house. They (dac...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....eging, inter alia, that he was running with business of kerosene and diesel in a shop consisting of two rooms at Kunderhat beside Natore-Bogra highway. He used to reside in southern room and keep his goods in the northern room of the shop. He kept twenty-two kerosene barrels at courtyard of the shop...... tortured him in custody and compelled him to make the statement before the Magistrate under threat of life. 5. Thus the defense case is that the appellants were innocent and their statements were recorded under inhuman physical torture and threat of life. The further defense case as it transpire......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......terim bail threatened the members of his family but discharged the rule and cancelled the ad interim bail not on the ground of the alleged misuse of privilege of bail. We have also noticed from the record that the prosecution failed to produce prima facie material in support of its case of misus...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......issed. 9. We have considered the submissions of the learned Counsel on behalf of the contesting parties and perused the impugned judgment of the High Court Division and other connected papers on record as well as the relevant Law namely Jagannath University Ain, 2005. 10. The moot question b......annath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on the property of the College as well as on the service conditions, the continuity and status of the Professors, Vice Principal, Assistant Profess..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......g night. 4. Investigation of the case was firstly entrusted on SI SM Abdul Gani who visited the place of occurrence, prepared the sketch map with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and seized alamats. Af......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......e seriously prejudiced, inasmuch as tender was invited for leasing out the fishery afresh which is scheduled to be held on 20-8-2009.
In order to appreciate his submissions I have gone through the record and given my anxious consideration to his submissions.
4. On going to materials on record ......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......tition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and the CS record was correctly prepared in their names. They were the owners of the suit land measuring 5.26 a...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......obtaining loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defendant No. 1 was, however, examined on commission as DW 1. ......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
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