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Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......roperty is not an abandoned property within the meaning of PO 16 of 1972. The Court of Settlement further held that the signature of the vendor Md. Younus Ali does not match the signature of the said person as apparent on the mortgage deed. The Court of Settlement also agreed with the submissions of..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247....... Banu was not known during liberation of Bangladesh and, as such, the property was rightly included in the abandoned list. The predecessors of the petitioners have created 4(four) sale deeds by false personation and forging the signature of Habiba Banu. 4. Mr. MA Quddus Sheikh, the learned Ad..

Category: Property Law | Date: | Hits: 33

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... issuance of the SRO dated 9-6-2005, but the said company did not deliver the SIM Cards to the petitioners before that date. The principle of imposition of VAT does not depend upon the selection of a person or company. VAT is collected when the actual service is rendered or when the invoice relating..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......rty No. 1 Shafiqul Alam in respect of an offence under section 302 of the Penal Code. 2. Petitioner lodged an first information report with the Sathia Police Station on 13-11-99 against 24 accused persons including the opposite party No. 1 over the assassination of his brother Tofizuddin on 13-11..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......s under her and they defaulted in the payment of rents or breached any term of the contract of tenancy. For instance, one may become owner of a premises by purchase, or otherwise in the occupation of persons who never acknowledge him (her) landlord and could resist her from evicting them for Want of..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......19 of the Ordinance reads as follows: Where any sum or aggregate of sums exceeding taka fifty thousand is claimed or shown to have been received as loan by an assessee during any income year from any person, not being a banking company or a financial institution, otherwise than by a crossed cheque d..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......n. Such right to approach any such authority either by writing or otherwise cannot be denied. Only when an action is taken or omission occurred upon such application or prayer that injures anyone the person feels aggrieved may have a cause of action against such action or omission. Such declaration ..

Category: Property Law | Date: | Hits: 32

Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......o find out the true meaning of the disqualification clause under Article 66(2)(c) of the Constitution it is advisable to refer to Article 66 of the Constitution, which reads as under: “66. (1) A person shall subject to the provisions of clause (2), be qualified to be elected as, and to be, a me..

Category: Administrative Law | Date: | Hits: 356

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

.... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......ondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in the first infor­mation report may brief..

Category: Criminal Law | Date: | Hits: 30

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tioner who was admittedly the owner of the property was not present in Bangladesh or be­cause his whereabouts were not known or because he has ceased to occupy, supervise or manage the prop­erty in person, but because the disputed property is owned by the petitioner who is a citizen of Pakistan af..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......by passing the impugned order abat­ing the criminal Case and acquitting the accused though the section provides that further proceedings in respect of the trial shall stand stopped and the ac­cused person released. The learned Advocates further submitted that the learned Magistrate has acted withÂ..

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......credit and the Bank of Tokyo having paid the same to the seller, the opening party of the L/C namely the Janata Bank in Dhaka is obliged to the Bank of Tok­yo to pay the said amount or to pay to the person who would be the bona fide holder of the said bills of exchange in due course and a Commercia..

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ing hue and cry and opened the door and came out and found appellant Mizanul Islam @ Da­blu running away from the door of his father's room towards the gate of the northern wall and also saw another person to run away and recognized appellant Dablu by a electric light. He went into his father's roo..

Category: Criminal Law | Date: | Hits: 61

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ...... August, 1997 to July, 2000 and thus the mills duly paid the gas bills and that there was no question to be a defaulter. Before hearing of the injunction petition the gas company headed by some 10/12 persons went on 7-8-2000 to the mills site and in the name of servicing the machineries entered into..

Category: Civil Law | Date: | Hits: 115

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......or determining minimum rates of wages.- (1)Where the Board proposes to recommend minimum wages, it shall give notice by publishing the terms of the proposed recommendation in the official Gazette, to persons likely to be affected thereby, in order that they may have opportunity to file objections or..

Category: Labour and Industrial Law | Date: | Hits: 96

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17.......me being in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the award under the agreement has..

Category: Civil Law | Date: | Hits: 101

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....period he was working as a contractor under the petitioner. The contractor did not, however, make any mention in the complaint that he was found to have executed the work in perfunctory manner by the Inquiry Committee appointed in this behalf by the petitioner and accordingly, the petitioner blackâ€......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......rrear bill has usurped the character of fine and it is realisable under section 396(1)(a) of the Code of Criminal Procedure. 3. Section 7A of the Telegraph Act, 1885 reads as follows: “If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the ..

Category: Criminal Law | Date: | Hits: 37

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......f above Article is violated, the Election Tribunal shall dismiss the election petition for non‑compliance of the aforesaid Articles. He again submits that the present petition is filed against some persons who are not the candidate of the election thereby and the petitioner violated the provision ..

Category: Election Law | Date: | Hits: 85

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

....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.......school on the plea that the suit lands were recorded with other land in SA Khatian No. 33 in the name of Kasiruddin Chowdhury and Karimuddin Chowdhury. The plaintiff further stated that the aforesaid persons had no right, title, interest and possession in the suit land as those persons died long bef..

Category: Property Law | Date: | Hits: 21