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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....her seat. The petitioner was at the material time the Secretary General of Jatiya Party. In the said general election Jatiya Party owned 30 seats in the Parliament and Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury a......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....satisfied after making such inquiry as he thinks fit, that a person is an unauthorised occupant, he may issues in the prescribed manner, a notice directing such person to vacate the land, building or part thereof in his occupation within a period of seven days from the date of service of the notice....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......l living in the basti and her elder son is now plying rickshaw van and the younger one is working as a helper of a truck and they are staying with her in the basti and that in the meantime she took a loan from one Non-Government Organisation namely Manabik Shahajja Sangstha and is working in a sweat..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....he defendant- appellant-petitioner namely, Mr. Abdur Razzaque Mollah is an inhabitant of Bagerhat District and by profession a Barrister-at-Law practicing in London since long. The plaintiff-opposite party No.1 namely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contracto......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......n living at Bagerhat and as he had earlier acquaintance with contractor Md. Qayum Mollah; he sought his assistance and that the contractor also agreed to it. Mr. Abdur Razzaque Mollah thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....tion by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why judgment and decree dated 26-1-1998 passed by learned Additional Distr......iness under the name and style Messers General Exporters and had been using the suit property for residential purpose. Rent of the suit premises was fixed at Taka 90 per month and plaintiff continued payment of rent upto the month of February 1972. Plaintiff failed to trace out the landlord after th......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
....including the case property and published notices inviting tenders, as such, admittedly on acceptance of the tender of the petitioners, only a contractual relationship was established between the two parties and their corresponding rights and obligations being only contractual, the extraordinary rem...... that the respondents accepted the tender of the petitioners by issuing the Memo dated 9-4-1984 but the petitioners completely failed to perform their part of the contractual obligation in making the payments in favour of the Governments in accordance with the terms and conditions, specifically spel......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ka 2,02,690 on 9-1-84. It is apparent that the plaintiff did not make the deposit according to the direction given in the letter dated 5- 9-83 of defendant No.2. Thus the apparent dispute between the parties seems to rest on the mode of payment. Subject to the disposal of the suit on merits at the t......gas to the factory premises of the plaintiff and for compensation of Taka 91,40,000 and such other reliefs. According to the plaintiff, after due compliance of the requirements and formalities and on payment of security deposit for obtaining the gas line and connection in the factory premises agreem......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....e Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the legality of those orders. 5. In R......pted from taxation as they are local authority within the meaning of local authority as contemplated under section 3(28) of the General Clauses Act, 1897. Thus they are entitled to get exemption from payment of income tax by virtue of the provisions of section 4(3)(iii) of the Act and being aggrieve......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......visions of section 138, we find that where any goods imported by reason of inadvertence, misdirection or untraceability of consignee the Commissioner of Customs may allow export of said goods without payment of any duties to the exporter. In the Fax message it was admitted that the exporter ship wro......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... Abdul Quayum with Md. Moqbul Hossain, Advocates — For the Opposite Parties. Civil Revision No. 2391 of 1994. Judgment M M Ruhul Amin J. - This Rule was issued calling upon the opposite party Nos. 1 and 10 to show cause as to why the impugned judgment and decree dated l2-4-94 passed by...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the 11 accused petitioners calling upon the State opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 p......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
.... to the Main Branch of Janata Bank at Pabna, although it was the Roster duty of accused Ibrahim Hossain Sarker The relevant documents in connection with the collection of money were also given to the party by hand in violation of the definite office instructions and custom of the bank for sending th......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....allotted and on 27-7- 95 the lease deed was registered. Name of Jabbar Kadri could not be found in respect of the suit land. They claimed that the claim of defendant No. 1 was not correct. 10. The parties lead evidence in support of their respective cases. The learned Subordinate Judge dismissed ...... was allowed to continue as such. On 27-6-94 on behalf of Mirpur Housing Estate possession was also delivered to the plaintiff. After mutation of his name the plaintiff possessed the suit property by payment of rents, taxes, etc. 5. On 27-1-95, when the plaintiff asked defendant No. 1 to vacate f......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
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. ......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. ......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......operty, Defendant Nos. 3 and 4. Taherul Anowar, and Nilufar Anowar got their names mutated in respect of schedule-1 (Kha) property and possessed by raising boundary wall surrounding said property and payment of rents. 4. Then, said defendant Nos. 3 and 4 entered into an agreement to sell the prop......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..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.......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.......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. ......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......, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous imprisonment for one month more. Both the appeals arose out of s......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..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. ......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
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