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Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....petitioner though has been in possession of 1.88 acres of land excluding the decretal land .87 acres of land for which he paid separate court fees and have been in possession duty paying rents to the Government and his name was also recorded in RS Khatian is being deprived by the impugned order. It ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..

Category: Property Law | Date: | Hits: 34

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....land as those persons died long before SA Khatian. In spite of wrong preparation of SA Khatian the school is still in possession of the suit land and that the school authority submitted Return to the Government in respect of the suit land under President’s Order No. 98 of 1972. 4. In the suit t......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J Shahjahan Ali Khan (Md) and others……………Petitioners Vs. Government of Bangladesh and others..................................Respondents Judgment Oct......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

.... the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S......he first instance on Cr.P.C. by which the District Magistrate of Lahore authorised Inspector Ram Pratap to investigate the case against Gian Chand, Storeman, in the office of the Military Engineering service, Lahore Cantonment. It was, however, later conceded by Mr. Ram Pratap that the books were no..

Category: Anti-Corruption Laws | Date: | Hits: 232

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

....l of the case in view of sections 5 and 6 of the Ain in violation of Articles 27 and 31 of the Constitution and that the aforesaid provisions of the Ain conferred unbridled and arbitrary power to the Government to transfer any case without recording any reason and that there is no guideline in the A......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..

Category: Criminal Law | Date: | Hits: 50

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......le. He further denied that they have negotiated the documents mala fide or that they were merely collecting agent of the supplier. 7. In his cross-examination this witness stated that he is in the service of the plaintiff since 1976 and he represents Habib Bank, and that all the documents in thei..

Category: Business or Commercial Law | Date: | Hits: 202

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Abu Jafar Md. Nurul Islam...................Petitioner Vs. DG, Department of Environ­ment, Government of Bangladesh and others.........Respondents Judgment July 15, 2003. Cases refer......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ..

Category: Environmental Law | Date: | Hits: 226

Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)

....torney‑General further submits that the question of tariff value also came up for consideration in the said Writ Petition No. 1479 of 1999 wherein it was held by a Division Bench of this Court that Government has legally determined tariff value for vessels and other floating structures for breakin......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)

....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......st the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 filed Miscellaneous case under Order 9 rule 13 CPC on the allegation of suppression and non-service of summons and being unsuccessful filed appeal which was also without any fruit and that on ..

Category: Civil Law | Date: | Hits: 66

Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)

....f the defendant-petitioners appeared to be that the plaintiff without approaching the Arbitration Committee and the Appellate Authority as provided by Clause 12 of the Service Regulations of the Non- Government Secondary High School Teachers, Order l979 the Dhaka Board directly filed the suit in the......ions brought against him and asserted that these were totally false and frivolous. Thereafter defendant No.4 by his Memo No. 63/89 dated 11-9-89 informed the plaintiff that he had been dismissed from service with effect from 11-9-89 on the basis of the resolution dated 3-9-89 adopted by the Executiv..

Category: Employment/Service Law | Date: | Hits: 72

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....1. ......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

......Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents Judgment June 29, 1999. Case Referred To- Faridsons Ltd and others Vs. Government of Pakistan and another, 13 DLR 233. Lawyers Involved: Jamiruddin Sircar with AKM S......e. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as no terms and conditions of his service as a Special Public Prosecutor is governed or regulated by any law and statutory Rule and, a..

Category: Employment/Service Law | Date: | Hits: 108

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....o develop the same vacant space as a park and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucl......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..

Category: Environmental Law | Date: | Hits: 259

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

.... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72.......tion 3 of the said Act provides for assessment and payment of VAT at the rate of 15% on the import of goods at the stage of import, goods produced in Bangladesh at the stage of making or manufacture, services by the person at the, time of giving the service and in other cases by the supplier. Luxury..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......e People’s Republic of Bangladesh. Besides this fact the Settlement Court in their judgment also found the inclusion of the case house in the list of abandoned house as illegal. 4. In spite of service of notice upon the respondents no affidavit-in-opposition has been filed denying the asserti..

Category: Property Law | Date: | Hits: 28

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....pondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC......r fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in order to ensure welfare of the families of the freedom fighters, in particular to recruit them in the service of the Republic, pub­lished a notice in the Daily Bangladesh Observer dated 8-12-2000 (Anne..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....perty Ordinance, 1982 and argued, that when payment of compensation as provided under section 10 has been made or is deemed to have been made the property stands acquired and vested absolutely in the Government free from all encumbrances as envisaged under section 11 of the Ordinance. 8. Section ......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..

Category: Property Law | Date: | Hits: 30

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....rt may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....ds were fractured. He was under treatment for about 5/6 months and after recovery he joined in his office at Mymensingh Branch in the month of November 1989. In spite of specific instruction from the Government that on the Victory Day the national flag would be hoisted on all Government and Semi-Gov...... in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vide Memo No. HO/ADMN/DD/91/6-B dated 5-1-1991 issued by the petitioner-defendant No.3 is il..

Category: Employment/Service Law | Date: | Hits: 69