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Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ted that although, the judgment of the High Court (reported in AIR 1980 MP 188) was set aside by the Supreme Court on the ground of acquittal of the appellant but other observations of the High Court specially with regard to meaning of the word ‘convicted’ in section 8 remained undisturbed. In o......-8-2000 reduced his sentence from 7 years to 5 years and imposed a fine of Taka 5,48,70,800; in default to suffer 2 years more. The petitioner thereafter preferred a provisional criminal petition for leave to appeal before the Appellate Division against the aforesaid judgment of the High Court Divis..Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
.... specific provisions which would meet the necessities of the case, such provisions should be followed and inherent jurisdiction should not be invoked. In other words, the Court cannot make use of the special provisions of section 151 where a party had his remedy provided elsewhere in the Code. The t......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....bmissions without properly appreciating sections 10A, 20 and 72 of the State Acquisition and Tenancy Act. Section 1OA came into force on 24- 5.1960 by section 2 of Ordinance No. IX of 1960. This is a special provision in favour of a Mutawalli of Waqf Estate regarding collection of rent due from a Wa......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....s government. Furthermore, as a result of such political alliance between Awami League and Jatiya Party, respondent No.5 was shifted from his solitary confinement in Dhaka Central Jail to a sub- jail specially created him which was located next to Jatiya Sangsad Building in Sher-é-Bangla Nagar and ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....ss of recovery possession of land belonging to government or local authority from the trespassers. The learned Deputy Attorney-General, referring to Ordinance XXIV of 1970 submitted that the law is a special law promulgated for recovery of the lands belonging to the Government and the local authorit...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....rovisions of section 25 does not arise at all. Section 30 provides that when a search is made under provisions of Code of Criminal Procedure, such search should be made in presence of such an officer specially appointed by the Government. In the instant case, we find that a search was not made under...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....tulate all types of declarations but only a declaration that the plaintiff its “entitled to legal character or to any right as to any property and it warrants this kind of relief only under certain special circumstances. Relief enshrined under section 42 of the Specific Relief Act is a discretiona......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
....urt has got no manner of application in the present case. He further submits that if the petitioners have got any grievance, the proper forum is before a Civil Court in a civil suit but not under the special jurisdiction of the High Court Division under Article 102 of the Constitution. He next submi......ot identified and made parties in this petition, we refrain from imposing any cost but the ends of justice demand that they should not be allowed to get away with their apparent misconduct as such we leave the matter with the concerned authorities to take stern disciplinary actions against those off..
Category: Others | Date: | Hits: 96
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially order-sheet of Sessions Case No. 633 of 1996 arising out of Gulshan PS Case No. 19 (1) of ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......drafting a proper plaint. 25. In Ismail vs. Fida Ali, PLD 1965 SC 634 = 17 DLR (SC) 531 the Supreme Court of Pakistan on the oral prayer of the learned Counsel for the plaintiff-respondent granted leave for withdrawal of the suit against the defendant with permission to file a fresh suit. The sui..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......st time, she appeared in the appeal and got herself added as respondent No. 3. 26. The above Rule was issued upon opposite party Nos. 1 to 9 (defendant Nos. 1 to 8 and 30) only. Without taking any leave from the Court, said defendant straight away filed an affidavit-in-opposition. 27. As defen..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......took place when other Suit No. 151 of 1992 for specific performance of a contract dated 27-2-81 was still pending. By such purchase the plaintiff became transferee pendente lite. He purchased without leave of the Court. 68. The phrase ‘lis pendens' which is Latin means 'Utlite pendente nihil in..Category: Property Law | Date: | Hits: 71
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....I connotes a period of trial. On successful completion of the probation the employee is confirmed in the appointment held by him. It also means "testing of a person's capacity, conduct or character, especially before he is admitted to regular employment." The expression 'probationer' as defined unde...... alleging, inter alia, that although they were appointed on a temporary basis against temporary posts or positions as Godown Darwan, Godown Chowkider or Godown Keeper but since they were allowed sick leave, casual leave, daily allowance, etc. and also allowed them to continue in service even after t..Category: Employment/Service Law | Date: | Hits: 85
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....esence in the scene. Thus the prosecution failed to prove that on the night of occurrence the appellant was living with his deceased wife in the same hut and the death of the deceased wife was within special knowledge of the accused husband. Therefore, the appellant was not under an obligation to ex......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
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