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Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....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. ......o act independently is not well conceived one in that the Arbitrator is competent to revise the amount of compensation as assessed by the Deputy Commissioner to the extent of 10 percent and that if a person is aggrieved by the decision of the Arbitrator he can very much prefer appeal before the Trib..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......ty as the absolute owner inducted therein tenants and kept a portion in his possession. During the period of liberation war of Bangladesh some members of his family were kidnapped by a group of armed personnel and subsequently they were reportedly killed. The petitioner inherited the property as a s..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......ion of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the plaintiff or any person nominated by him. 4. Defendant No. 1 also entered into another contract with pro‑forma d..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....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. ......in, and the Notification are violative of fundamental rights guaranteed under Articles 27,31,32 and 35 of the Constitution and that sections 5 and 6 of the Ain have given scope to pick and choose any person and that the impugned Notification in question is arbitrary, discriminatory and mala fide exe..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. ...... the bill of exchange they did not file any document showing payment to the supplier, that the bill of exchange is the order by the supplier on the importer to pay a certain sum of money to a certain person to cover the value of the goods exported, that he did not remember whether in the plaint he s..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......rmant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152, present..Category: Criminal Law | Date: | Hits: 34
....stion the neighbouring people, particularly Mr. Rezaul Karim, resident of holding No. 53/3. Senpara Parbata, Shamima Laila and others gave their consent for such installation. The report given by the Inquiry officer was a concocted and created one and before holding the alleged inquiry no notice was...... any grievance from the inhabitants of the locality in respect of the said factories they would have certainly taken necessary actions against those factories.
6. An application was filed by three persons, namely, Ferdous Ara Khanam 58/A, New Senpara, Parbata, Shamima Laila 58/1, Senpara Parbata ..
Category: Environmental Law | Date: | Hits: 226
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......ahmanbaria and the accused was only a carrier. 18. PW 5 Sree Khokan Chandra Banik stated in his deposition‑in‑ chief that occurrence took place on 31‑7‑1998 and he was told by a man that a person was detained by the public along with three bags of Phensidyl and he went to the place of occ..Category: Criminal Law | Date: | Hits: 43
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. ...... follows: “It is settled law that where the fraud alleged is of such kind as to attack the suit itself and not merely the regularity or sufficiency of the service or the proceedings, a suit by a person on whom no summons was served, for setting aside the ex parte decree is maintainable. It is a..Category: Civil Law | Date: | Hits: 66
....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.
......s-
“To enjoy the protection of the law, and to be treated in accordance with law and only in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, li..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......etitioner had to file a petition before the trial Court about the brutal attack upon the informant SM Zillur Rahman and P.W.5 GM Anwar in the Court on 14-5-98. Due to persistent threat by the accused persons on bail to the P.Ws not to come nor to depose in the case, the petitioner had to arrange sec..
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....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. ......n divided into 52 small plots with 60m wide road in between the two blocks showing the proposed building of Pallabi Police Station and a community centre and remaining plots to be leased out to 31/32 persons thus completely degrading the quality of environment necessary for the health and well‑bei..Category: Environmental Law | Date: | Hits: 259
.... 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.......as such the same is arbitrary, malafide and without any lawful authority. He further submitted that without clear and unambiguous words by implication any provision of law, tax cannot be imposed on a person.
3. It appears that the petitioner company imports milk powder in bulk packs from abroad a..
Category: Fiscal/Taxation Law | Date: | Hits: 93
....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.......President’s Order No.16 of 1972 and including of the same in the list of abandoned house while it does not fall within the mischief of abandoned building/house violates fundamental rights of such a person to hold a property. The petitioners, as it appears, are in possession of the case house from ..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... 14. In the course of his submission Mr. Mahmud further argues that since the PSC is a constitutional body with the responsibility to conduct tests and examinations for the selection of suitable persons for appointment in the service of the Republic they must act fairly. He submits that the res..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....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.......of land before the completion of the process of acquisition in the LA Case. The respondent No. 3 by notice published in the daily "Janakhanta" dated 12-11-1997 invited applications from the intending persons for allotment of plots in the Uttara Model Town excluding Sectors 1-9. In the said notice, t..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. ......decree as prayed for. 21. Section 15 provides for acquisition of right by prescription namely, "and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement and as of right, without interruption, and for twenty ..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......is no evidence that the plaintiff-opposite party No. 1 ever performed managerial, administrative or supervisory power. He further submits that mere designation is not sufficient to indicate whether a person is a worker or not. Nature of work performed is determining factor whether a person is a 'wor..Category: Employment/Service Law | Date: | Hits: 69
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not..Category: Civil Law | Date: | Hits: 87
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......he Election Tribunal on an election petition shall be final subject only to sub-section (4) of section 30 of the Ordinance. Sub-section (4) of section 30 of the Ordinance gives a right of appeal to a person who feels aggrieved by a decision of the Election Tribunal within thirty days of pronouncem..Category: Election Law | Date: | Hits: 99
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