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Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ties for the last 27 years from the demised property is baseless inasmuch as that neither such a condition was imposed in the registered lease deed nor the petitioner has ever held any meeting of the party at her residence. That the statements made in the impugned notices to the effect that in the C......f survey and demarcation, as prescribed by rule 20, or with the auction of the lease, as prescribed by rule 22, or with both, and may lease any site by private agreement, at such rate of rent, and on payment of such premium, as the Central Government or the appointed authority may approve in each ca......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
.... the respondents, who are the member of Haris Group, along with others 15/20 terrorists, encircled the victim and fired bullets by pistol and cut-rifles indiscriminately on the hand, legs and various parts of the body of the victim in order to kill him and on receiving about 7/8 bullets the victim f......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....with foreign Arbitration Award and not with foreign arbitration proceeding. It means that once an arbitration proceeding in a foreign country is completed the arbitral award, on an application by any party, will be enforced by execution by a court, of this country under the Civil Procedure Code, in ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....000, the earlier order was vacated and the execution case continued. The decree holder then filed an application for passing an order for civil imprisonment of the judgment debtors. After hearing the parties, the court passed the impugned order on 20-7-2000, allowed the prayer of the decree holder a......ha Rin Adalat may execute its decree. Under section 56 of the Code of Civil Procedure, civil Court cannot pass an order for detention in the civil imprisonment of a woman in execution of a decree for payment of money. In view of the language used in section 6 ka of the Artha Rin Adalat Ain, 1990 the...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
....d not be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitione...... the nature and character of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the pledged goods on repayment of loan the services of the godown keeper of a particular godown ever came to an end in the ...... and character of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the pledged goods on repayment of loan the services of the godown keeper of a particular godown ever came to an end in the past automa..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....nder Section 561A of the Code of Criminal Procedure, in Criminal Miscellaneous Case No.5880 of 2007. 2. The facts of the case, in brief, are that the Executive Engineer of the Roads and Highways Department, Shimrail, Narayangonj, filed a Complaint Case, alleging that the petitioner as the lessee ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ..Category: Criminal Law | Date: | Hits: 43
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....Moon Trader which is engaged in the business of constructions of Multi-storied building, roads, bridges, river control and development works and also project works in the country. The writ petitioner participated in the tender issued by the respondents and got work order on 23.4.2001 for Spur No.1 o......t Board Vs. Shamsul Huq 51 DLR (AD) 169 that the High Court Division in its writ jurisdiction was not a court for recovery of money and had therefore no jurisdiction to give a direction as it did for payment of money unless the amount claimed was an ascertained sum. 6. We are not impressed by the......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ..Category: Others | Date: | Hits: 82
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....Act. They further submitted that claim of the petitioners that some lands are still unutilized is disputed question of fact and the allottees who are in possession of those lands having not been made parties these Rules are not maintainable. They further submitted that requisition made in 1965 and p......ns of Acquisition and Requisition of Immovable Property Ordinance, 1982 as per the provision of amended section 79 of the said Act and the respondents having not published any gazette notification on payment of full compensation within the period of one year from the date of decision of the Governme......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Petitioner of the Civil Revision Petition is plaintiff and opposite parties are defendants in the suit. 3. The Code of Civil Procedure will be hereinafter referred t......g for lease of suit Hat in his favour for the year 1406 BS adjusting the loss incurred by him in the year 1405 BS. Defendant No.8 gave an undertaking to take lease of suit Hat for the year 1406 BS on payment of lease money amounting to Taka 32,39,901.00 which is above than the said Taka 31,39,901.00...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... meet payments due from them for subsequent purchase against the sale of the shares of Paper Processing and Packaging Ltd. which turned to be a great burden on them. 4. DSE in the meanwhile made a part payment of Taka 41, 38,439 on 13-2-2000 through respondent No. 6. Thereafter, respondent No. 6 ......le of various securities including the sale proceeds of 61,580 shares by 12-1-2000, excluding the Hartal and Holidays. Even after the expiry of 6 days from the date of maturity of the above amount no payment was made to the petitioner. Accordingly, the petitioner on 18-1-2000 informed respondent No....... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
.... is the Chairman, BIWTA, 141-143 Motijheel C/A, Dhaka. Writ respondent No.10 is the Director General, Land Records Survey directorate, Tejgaon, Dhaka. Writ respondent No.11 is the Director General, Department of Environment, Paribesh Bhaban, E-16, Sher-E-Bangla Nagar, Agargaon, Dhaka. Writ responden......y on the land area at Rupshi Mouza under the control of Narayanganj River Port for a period of 1(one) year effective from 01.09.2009 to 31.08.2010 with the option to renew for another year subject to payment of fee for renewal of licence in advance. The said licence has been granted vide Nathi No. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....Md. Kolimullah and others............Opposite Parties Judgment October 18, 2001. Lawyers Involved: Nur Hossain Chowdhury, Advocate‑ For the Petitioners. Not represented- the Opposite parties. Civil Revision No. 2571 of 1998 with Civil Revision N0. 2572 of 1998. Judgmen......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
.... Dr. Rafiqur Rahman with MA Baki, Advocates– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence......ectricity bill in usual course. The Rule was served on them on 3‑6-1999 and they entered appearance on 28‑6‑1999. Thereafter the petitioner approached the opposite parties on 6‑7‑1999 for payment of monthly rent and electricity bill but they refused to accept the same and thereby disobey......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....others Vs. The State wherein it is held that‑ If it is proved that the deceased was last seen alive in the company of the accused in the absence of any other reasonable explanation as to the safe departure of the deceased from the company of the appellant no conclusion other than the guilt accused......ion money. In the evening at 7‑00 PM accused Abdul Jabbar Bhola, Sobhan and Shamsul took away her husband with an assurance to register the sale deed on the next day and for making final account of payment. He did not return home in the night. On the next day in the morning her daughter saw the de......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
.... respondents by or under any law. 4. The learned Labour Court on consideration of the materials and evidence on record by the impugned judgment found that there is no controversy between the parties over the use of electrical energy and machineries for making the rooms centrally air-conditi......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....learned Chief Justice, whereupon the matter was placed before the learned Chief Justice for an appropriate order and the learned Chief Justice was pleased to pass an order on 17-4-2007 directing this particular Bench to hear and dispose of the matter. 5. Upon receipt of the said order dated 1......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....13 of 2000 (hereinafter referred to as the SCC suit) in the Court of Senior Assistant Judge and the Court of Small Causes. Sadar, Mymensingh for eviction of his monthly tenant, the defendant opposite party, from the suit premises as described in the plaint on the ground of default in payment of mont...... Judge and the Court of Small Causes. Sadar, Mymensingh for eviction of his monthly tenant, the defendant opposite party, from the suit premises as described in the plaint on the ground of default in payment of monthly rent. The defendant-opposite party appeared in the suit on 10-1-2001 and prayed f...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....ence denied it. PW 7 examined the victim. He did not find any mark of violence and any sign of rape except teeth mark on breasts. There is no medical evidence before us regarding the offence of later part. Moreover brothers of victim who recovered her, were not examined by the prosecution. So, we ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......e was established under section 37 of the VAT Act.
9. It appears from the record as stated hereinbefore, that the petitioner without depositing supplementary duty submitted VAT-11 form showing payment of supplementary duty of Taka 43,84,398.56 along with payment of requisite amount of VAT aga......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
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Category: Fiscal/Taxation Law | Date: | Hits: 63
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