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Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....ch 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil Revision N......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.......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)
....Government of Bangladesh and others………….Respondent Judgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazuddin Ahmed, Deputy Attorney-General with Bazlur Rahman Channa, A...... 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.......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)
....vision (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Shahnewaz Karim (Md.)…………………………………Petitioner Vs. State……………………..............Opposite Party Judgment April 13, 2009. Result: ......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......ondition as it was at the time of its seizure and to produce it before the Court as and when required. No property should be given to a person who is not entitled to its possession at the time of its recovery and who has not committed any offence in respect thereof to make its possession unlawful…......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)
....titioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with Ali Mustafa Khan and Md. Al-Mamun Advocates - ......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.......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)
....inance 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.......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.......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)
....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. ......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......ellant has been implicated in this case falsely and that he is innocent and that the prosecution case is one planted by the informant to secure to himself PPM. Further case of the accused is that the recovery of the incriminating articles were not made from his possession or control. 7. The learn......, and further directing that both the sentences shall run concurrently and that the period during which the accused was in jail custody shall be deducted from the term of sentence and that the seized arms and ammunition be forfeited in favour of the State. The case matter in the FIR, in a nutshel..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus Samad, Advocates - For the Petitioner. Mihir Kanti Majumder, Advocate - For Opposite Party Nos.5-6. Civil ......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. ......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
Category: Employment/Service Law | Date: | Hits: 118
Category: Employment/Service Law | Date: | Hits: 147
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
.... Ed. This Case is also Reported in: 56 DLR (2004) 607.......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.......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
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....eported in: 56 DLR (2004) 602.......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.......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)
....make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......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. ......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....e 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.......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......ound, the suit before the Artha Rin Adalat could be stayed for the suit of the Civil Court. 46. Jurisdiction of Artha Rin Adalat. Artha Rin Adalat was created with particular objective, mainly for recovery of bank dues. To achieve the purpose, Artha Rin Adalat was made deemed to be a Civil Court ......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
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....04 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......us the impugned judgment as well as the copy of the plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession not being releva......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....n Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......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......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....esource Division, Ministry of Finance and Planning Vs. Nasrin Banu, 47 DLR (AD) 155; 2001 BLD (AD) 36; Bangladesh Vs. Habib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation......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 ...... the meaning of section 9(1)(i) of the Act and the allegations made in the plaint do not constitute an act of bankruptcy; and (d) that the Bankruptcy Court has no jurisdiction to pass a decree for recovery of money. 20. As learned Additional District Judge raised various questions under the Ac......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)
.... 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. ......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. ......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)
....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.......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....... 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)
.... 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. ......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. ......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