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....r he read upto class 7(seven) in this country under Police Station Kotalipara of Gopalganj District. In the year 1961 his name has been duly recorded in S.A. Khatian and the lands are still under his possession along with his co-sharers and the defendant-opposite parties although alleged that the pl......India in 1967 and thereafter, the petitioner passed B.A. (Honours) Examination in the year 1970 from R.K. Mission College therein. In the year 1972 the plaintiff-petitioner returned back to his motherland Bangladesh and was appointed Assistant Teacher of P.N. High School of Shyam Nagar Upazilla unde...... necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......
(iii) where the President is satisfied that in the interest of the security of the State it is not expedient to give that person such an opportunity.
(3) If in respect of such a person the question arises whether it is reasonably practicable to give him an opportunity to show cause in acc..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed a one-storied building on the case property and continued in possession thereof. While in peaceful possession of the case property, he made an oral gift of the s......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......et-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......e Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was that the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......urt is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......nce Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this single judgment. 2. In the Income Tax Referen..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......pt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......of a Review Panel is final and all parties concerned must take necessary steps to implement the decision passed by a Review Panel. Foreign Loan Agreement shall prevail Since the project in question is being implemented with the assistance of foreign loan, the terms and conditions of the L..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ...... are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law" respectively. We do not see any reason to deviate from the...... of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......(From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are disposed of by t..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......r of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......rima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to support his claim in respect of those shares are vague. In this situation the question as to the title of these shares cannot be decided within the summary jurisdiction of this C..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......n is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ...... Attorney General has taken us to the writ petition, the annexures, the previous judgment of this Division on the same Subject matter and submits that since this Division has settled the point on the question of absorption in the revenue budget, who had been appointed in various development projects..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... Attorney-General has taken us to the writ petition, the annexures, the previous judgment of this Division on the same subject matter and submits that since this Division has settled the point on the question of absorption in the revenue budget, who had been appointed in various development proj..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......iff to sell the suit property and he executed the Angikarnama to refund back Taka 31,000 to the plaintiff. The plaintiff in presence of some local people admitted that he did not want to purchase the land described in the schedule to the agreement dated 27-9-1982 and in fact, the same stood as a sec...... leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......igh Court Division in First Appeal No.99 of 1992). Judgment Md. A Wahhab Miah J. - In this petition, the petitioner who is the heir of the deceased defendant, Md. Yousuf Chowdhury has called in question the judgment and decree dated the 20th day of May, 2010 passed by the High Court Division i..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ...... conspiracy because there was no agreement for 'concert of action', no agreement to 'co-operate.” 34. Shetty, J in Kehar Singh (Supra) after considering some English and New Zealand decisions which were decided in the context of English Law formulated the elements of conspirac...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......urt Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......e observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ng a petition the Court will have to decide the extent of sufficiency of interest and the fitness of the person invoking the discretionary jurisdiction. 2. The Court which considering the question of bona fide in a particular case will have to decide as to why the affected party has not..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....de and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 27-10-1999 directed the parties to maintain status quo in respect of possession in the suit properties. 3. The opposite-parties as plaintiff instituted Title Suit N...... 3. The opposite-parties as plaintiff instituted Title Suit No.192 of 1990 in the Court of Additional Assistant Judge, 3rd Court, Khulna seeking for declaration of title in the plaint schedule of land measuring an area of 2.00 acres appertaining to CS Khatian No.5 of mouza Badurgacha and t......o Reported in: 18 BLC (HCD) (2013) 308. ......o ask for general or other relief which is always be given as the Court may think just to the same extent as if it had been asked for........ (23) Filing of additional written statement The question of filing additional written statement comes in whenever any new fact is incorporated and a..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....en by the respondent Nos.1 and 2. As per the said provision of law, it is incumbent and mandatory on the part of the respondent Nos.1 and 2 to appoint a Magistrate of First Class for handing over the possession and control of the mortgaged property to the Financial Institution/Bank when requested. I......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......tion under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......e Respondent No.2-4 (In writ petition No. 3877 of 2009) Writ Petition No. 3877 with 3904 of 2009. Judgment Md. Ashraful Kamal J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Pe..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......mpugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......provisions of the Code of Criminal Procedure. Or in the alternative, the exercise of such power should not be inconsistent with any of the specific provisions of the Code. It is only if the matter in question is not covered by any specific provisions of the Code that section 561A can come into opera..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......was in Dubai about 5 years and he came back in the year 1992 and while returning from Dubai, he brought one Sony TV, VCP and other valuable worth about Tk.1.5. lacs and he purchased some agricultural land and started showing Film business through TV by VCP, On 21-9-1996 after show those goods were k......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......sp; Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... Court, Dhaka dismissing Title Suit No.136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Kr......06. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran K......t at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......or the land of CS dag No.223/369 of area of land 7080 Ajutangsha. Out of this area of land, plaintiff's claim is for 473 Ajutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peacefully to the knowledge of all...Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....llowing manner : “At the very incept, Mr. Anisul Haque representing the Respondents, intimated that our order dated 14th of May 2012 has been squarely adhered to by the Respondents by conveying possession of the residual part of Block-C as well as two rooms from Block-A to our Registrar. The R......ll His Magesty has consulted them? All the Judges save Coke said: yes, yes, yes. But Coke said: no. After words the King dismissed him. But the attitude of Coke was fully approved by the people of England. The Article 94(4) of the Constitution and Rule of Procedure are implied limitation on the free......with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......he respondents, submits that the petitioner has got no locus standi to file the instant writ petition. His next submission is that the validity of the proceedings in Parliament shall not be called in question in any Court as per Provision of Article 78 of the Constitution so the instant writ petitio..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......r life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......zzaman, who recorded the confessional statement under section 164 of the Code of Criminal Procedure and we find that the confessional statement is true and voluntary. 15. Let us now come to the question of the sentence of death imposed on the condemned-prisoner. During recording of his stateme..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......e Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chunk of land of Rajuk conveyed to it for a token price in the capital city’s most coveted and expensive Gu...... to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......y this Division to which Mr. Rokanuddin Mahmud also agreed. 11. In view of the above categorical submissions of the learned Counsel of both parties, we do not consider it necessary to go into the question of maintainability of the writ petition before the High Court Division in detail and the ot..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
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