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CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

.... represented by the Secretary, Minis­try of Works & others…………………..Respondents Judgment July 29, 1993. Result: The Rule is discharged. Cases Referred to- Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of......9 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the petition) shall also not be declared to have been passed without lawful authority and to be of no legal effect. At the time of issuing the Rule Nisi the operation of the Judgment order of the Court of Settlement was sta......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....lso Reported in: 45 DLR (HCD) (1993) 740. ......y the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result......dent of the said Salimullah Muslim Hall, has a formidable and sufficient interest to see that the name Salimullah Muslim Hall which continued since 1928 and became a historic name by the pas­sage of time is not changed, and that too without any rhyme or reason as there was no demand or agitation fo......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...

Category: Civil Law | Date: | Hits: 63

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....rder as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......nts are hereby directed not to disturb in any manner the petitioner's peaceful possession of the said plot in question and the existing structure constructed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. E......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....ntation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ngladesh Ltd. 55‑56 Motijheel C/A Dhaka for import of 40 Metric Tons of Iron and Steel Rerollable Scraps from UK under HS Code No.7204.49.10 as per Import policy order as applicable at the relevant time. The goods in question were properly inspected by a Preshipment Inspection Agency who issued Cl......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....……………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties Judgment June 22, 2004. Result: The Rule is vacated. Case Referred to- Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130......Title Suit No.31 of 1999 allowing the amendment of the written statement is hereby set aside and the prayer for amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (......nstituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land appertaining......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51...

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....wn the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......ama. While they were living as husband and wife on 28‑1‑1985 the original defendant divorced her and on 12‑2‑1985 fraudulently created a Kabinnama showing her marriage with him for the second time and less amount of dower. They continued to live together as husband and wife as before and she......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

.... Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers Involved: Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.36......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......stant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mym......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode Ranjan Das and ......osite party No.4 Raisuddin to have transferred his interest to one Abdus Sattar, the deed of sale dated 13‑3‑1976, though registered on 19‑3‑76 was earlier to the deed of exchange in point of time and has preference over the deed of exchange. In this connection, he also cited a decision in t......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....) 36. ......nd returned at about 10‑00 PM. She then went to sleep without having any food and awoke up at 1‑30 AM and started hot talks with him, at one stage she hit him and his 2½ years old child, at that time she was shouting. He had to leave their 2½ years old child to the care of the maid and slept i......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..

Category: Criminal Law | Date: | Hits: 96

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....ts are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......cuna; II. Whether the writ petition itself suf­fers from incurable defect, inasmuch as the writ petitioner impugned order Nos. 1, 13 and 49 passed by the Artha Rin Adalat, although at no point of time he was a party to the suit. After his application to be added as a party was rejected by order ...... orders passed by the Artha Rin Adalat, inasmuch as any bank, in order to recover a loan, would file an Artha Rin Suit in the Artha Rin Adalat and the suit filed by a bank in the Artha Rin Adalat for recovery of loan does not impute any knowledge upon the bank as to whether the Artha Rin Adalat suff......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......rrived at the conclusion that "the impugned judgment and order suffer from misconception and mis-appreciation of law, inasmuch as, the plaint does not con­tain the facts regarding offer, acceptance, time and place of the baina and also the names of witnesses as required................. Further ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....gh Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......996. 2. The respondent No.1, as plaintiff, insti­tuted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of posses­sion of the suit land described in the schedule to the plaint. 3. The case of...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ..

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....ondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......lam, Kazal Rakshit, Aparup Rakshit, Arun Rakshit, Barun Rakshit, Amit Rakshit and Saroj Guha as accused. During investigation of the case accused Dipak Datta Bhola was arrested. His confession led to recovery of the severed head of the deceased. Then accused Dipak Datta Bhola, Jahangir Alam and Md. ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......nce on record, the learned Judge of the Tribunal found the condemned accused persons guilty of the offence punishable under sections 302/34 of the Penal Code and awarded death penalty and at the same time appellant Monjur Ahmed alias Monju and another absconding accused Sotyajit alias Haripada Pal w......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....ppeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......served that the appellant failed to prove that he was not present at the place of occurrence when his mother was murdered, that the appellant did not try to rescue his mother, that his absence at the time of victim's inquest, post-mortem examinations the Sharadha ceremony and his abscondence for one......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

.... Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. Oziullah, Advocate - For the Opposite Party. Civil Revision No.1886 ......ship the landlord did not grant him rent-receipts regularly and in good faith he did not insist on it. As a matter of practice he used to give receipts against payment of rent for several months at a time, although he paid rent to his landlord regularly. It has also been alleged by the defendant tha......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..

Category: Property Law | Date: | Hits: 64

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

.... 50 DLR (HCD) (1998) 29. ......on is the same as if no suit was filed at all principles involved are twofold. In the first place, it contemplates that a still-born suit should be properly buried at its reception so that no farther time is consumed and unnecessary expenses incurred on a fruitless litigation. Secondly, it gives tha......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

....ginal Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. R...... that he had to file an application under section 15(2) of the Payment of Wages Act, 1936 to recover the gratuity to which he is entitled under the Memorandum of Agreement but was denied of it at the time of final payment made to him. It is only under this section a claim can be lodged to the Labour......al order, authorise; Explanation.— The word “services” in this sub-clause does not include the supply of tools and raw materials required for the purpose of employment. (f) deductions for recovery of advances or for adjustment of over-payments of wages; (g) deductions of income-tax pa....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..

Category: Labour and Industrial Law | Date: | Hits: 255

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....ioners Vs. Hasina Begum and another…………….Opposite Parties Judgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9 BLD (AD) 13. Lawyers Involved: ......ct. 8. It may be pointed out there that if no appeal is preferred from the side of the State in a police case the informant cannot be gaged in moving the Court in revision as “with the change of time and criminal justice time has come and experience also demand that High Court Division will hav......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..

Category: Criminal Law | Date: | Hits: 83