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.... 372.
......d as being inconsistent with Articles 27 and 42 of the Constitution of the People’s Republic of Bangladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, ..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Jud...... behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of service of the Defence personnel and, as such, this pet..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
.... on 2.1.81 the Public Prosecutor filed a petition, with a prayer for according consent for withdrawal of the case in respect of the appellant and another co-accused Yunus Jamadar on the ground that Government has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) J......ted 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 of 1981). Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order 21.9.82 passed by a Division Bench of the High Court Division, Jessore Bench, in Criminal Revi..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
.... the proceeding against the appellant which has been narrated above. 10. It is common ground that the "prescribed authority" in the case of the Zilla Parishad is the Commissioner under the Local Government Ordinance, 1976. Section 80 provides that no Court shall take cognizance of any offence u......For the Appellant. B. Hossain, Advocate-on-record - For the respondent No.1. Ozair Farooq, Advocate-on-record - For respondent No.2. Criminal Appeal No.22 of 1982. (From the judgment and order dated 27 August, 1982 passed by the High Court Division in Criminal Revision No.444 of 1980). ..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ion against the propounder for making an application for Letters of Administration. In our opinion there is no scope for speculation in search of suspicion." 9. Being aggrieved by the judgment and order of the High Court Division the defendant-appellant moved this Court and obtained leave to co..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit premises in V.P. C......ocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civil Appeal No.120 of 1982. (From the judgment and order dated 11.1.1982 passed by the High Court Division in Civil Revision No.1479 of 1979). Judgm..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......rney‑General ‑ For the State. Criminal Appeal No. 903 of 1997 Judgment Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28‑4‑97 passed by the Special Tribunal Judge, Court No.1 Narayangonj in Special Trib..Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... of 1992. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortga..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....and collection of excise duty. In the year of 1961 by amendment a new sub‑section namely, sub‑section (4) was added to section 3 of the Central Excise and Salt Act, 1944. It provided that Central Government may in lieu of levying and collecting duties of excise on excisable goods under section 3...... improvement in technical, managerial, labour and financial factors of individual mills." So the Government constituted a high powered committee giving the outlines for making the guide‑lines in order to levy and collect the excise duty on the factories. The Committee submitted its report and s..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......er started filing several suits both under the Trade Marks Act and Patents and Designs Act, with applications for the issuance of an injunction against the respondent, and having failed to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancella..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....obility gifted the said land to the opposite party No.3 the Girls High School, for extension of women's education in the locality and with the help and supervision of the Facilities Department of the Government construction work of school building was going on covering plot Nos. 155, 153 and suit pl......Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 3960 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... Begum, Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......il Revision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... Court was closed from 18th to 26th February, 1983. So his absence on 28th February is for understandable reason and whether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such inn......Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate on Record - For the Respondent. Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of ..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......
(From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973)
Judgment
Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting summarily an application made by the appell..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......gh Court. 8. On the exercise of the power of remand, we get clear indication from a reading of S.103 of the Code which has clothed the High Court with the power to determine also issues of fact in order to avoid remand of cases as far as possible. In this view of the matter, we cannot entertain..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....f Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by way of violating the Government order and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last d......Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgm..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609)......d between them on 09.04.2009, for the lease of the aforementioned floors for a period of 12 years and therefore, the agreement signed pursuant to that decision, is without lawful authority. 12. In order to carry on business in the demised premises the respondent no.1 has to obtain trade license f..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”
2. The petitioner’s avermen..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Session ..Category: Criminal Law | Date: | Hits: 95
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