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Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......n of the disputed land to the petitioners. 3. The rule is being contested by the respondent Nos.1 and 4 by filing separate affidavitsin‑opposition denying material allegations. Their common case is that Wazir Bibi had no Khas possession in the disputed land and she had only rent receiving ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......cted against the judgment and order of conviction and sentence passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) ..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......to question of law arising out of the order of the Tribunal under section 66(1) to the High Court Division the court is required to decide the question under section 66(5) of the Act upon hearing the case. In order to decide the issue we may profitably quote sub‑section (5) of section 66 of the In..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......rifuddin. Appellant No.7 Mofazzal Hossain was charged under section 325 of the Penal Code for causing grievous hurt to P.W.6 Khatibuddin. 3. The incident which gave rise to the instant Sessions case occurred in a paddy field bearing plot No.2718 within mouza Damihari on 8.9.86 at about 9‑00 ..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......rred by section 32 of the Arbitration Act and therefore, the plaint was liable to be rejected under Order 7 rule 11 of the Code of Civil Procedure. In support of his contention he has referred to the case of Afaq Ahmed Ansari Vs. Zamir Hossain Ansari reported in PLD 1955 Sind 282 and also the case o..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....e appreciated if matters of settlement of hat, bazaar, fisheries, khas land etc. are kept in view. The Government acts in these affairs in pursuance of some statutory power and any such contract when rooted in statute the Government discharged its sovereign function. While doing, so, if there is a b...... for a period of 2 years commencing from the date of the possession of the premises." The term 9 is: ‘‘The lease deed shall be executed and registered as early as possible, but in no case later than one month from the date of issue of the latter communicating the acceptance of the t..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......s, in view of such clear provision of law, absolutely irrelevant, although however the learned Munsif has found in favour of existence of economic distress on some other grounds. The opposite parties case is that after the transfer he and other members of his family were left with only 1.01‑1/2 ac..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......pondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in his capacity as a voter and member of the public of No. 10, Rakhalbr..Category: Election Law | Date: | Hits: 216
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......reparing any Gradation List on the basis of inter se seniority and totally ignoring the petitioner's seniority over all such promotees except No.14.
3. The Government of Bangladesh contested the case by filing a written statement.
4. After hearing the parties and considering the evidence and..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......tings for the years 1985 and 1986 were held validly, illegally and the resolution of the Board of Directors as stated in paragraph 7 of the petition refers to the Hon'ble High Court's decision in the case reported in 39 DLR 1987, 1. Referring to that decision Mr. Zakir Ahmed has submitted that law i..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......l Tribunal Case No.30 of 1984 convicting the appellant Kazi Ibrahim alias Ibrahim Kazi along with others, under section 19A of the Arms Act read with Special Powers Act, 1974. 2. The prosecution-case is that the complainant Aftabuddin, Assistant Leader of Jatiya Rakkhi Bahini (JRB) lodged the e..Category: Criminal Law | Date: | Hits: 97
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......ected to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petitioner is the wife of the detenu. It is stated in the pe..
Category: Criminal Law | Date: | Hits: 100
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......f 1988 whereby he stayed operation of the order of transfer of the Respondent No.2, an employee serving under the petitioner, the Bangladesh House Building Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, t..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......Justice A.R. Chowdhury allowed the revisional application, set aside the Judgment and decree passed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of eviden..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......ng Kong Shipping Lines and defendant No, 2 the agent of the defendant No.1 and defendant No.3, the Trustees of the Port of Chittagong the present appellant for realisation of money. The plaintiffs’ case was that M/s. Md. Haji Gani Ltd. imported 512 drums and 769 drums of Soyabean Oil under bill of..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......xecution. The appeal was dismissed on 21.3.80. The respondent No.3 obtained a Rule in Civil Revision Case No.975 of 1980 from the High Court Division and obtained a stay of execution of the Execution case. The Rule was discharged on contest with costs on 19.1.84. The petitioners were taking steps fo..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......tre was originally listed as a polling centre but it was subsequently taken out of the list and was again included in the list at the last moment. So no polling took place at this centre. His further case was that polling at Ramerkanda High School centre was disturbed. The said Writ Petition was con..Category: Election Law | Date: | Hits: 215
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......he Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public Works filed the application under Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ...... that the suit was not maintainable and that no valid notice under section 106 of the Transfer of Property Act was issued upon the defendant and, as such, the suit was liable to be dismissed. Further case of the defendant-petitioner was that the defendant was not tenant under the plaintiff of the su..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......irs were duly substituted in the Execution Case No.70 of 1964 by the Assistant Judge, Cox’s Bazar. On 27-5-1992 the heirs of the decree holder filed an application for proceeding with the execution case and the Assistant Judge, Cox’s Bazar allowed the prayer of the decree holders by his order da..Category: Property Law | Date: | Hits: 94
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