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Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers the......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers the...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....h how can it be said that the central management and control of the company is in U.K. as found by the learned District Judge. Mr. Huq lastly submitted that the quantum of the share of the share holding of a company is not the deciding factor for the management and control of the company and th......ct, when an appeal is preferred under section 48 thereof but no appeal having been provided for against the impugned one under the said provision of the Act this court has no jurisdiction to sit over the order passed by the learned District Judge and the rule is liable to be discharged on ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
.... regard reliance can be placed in the case of Angur Vs. State reported in 1989 BLD 485 = 41 DLR 66 wherein it has been held: "The accused was produced in Court on various occasions before holding of the TI Parade and it was possible for the witnesses to see him in Court. The identific......l did not press for bail for the petitioner No.1. In respect of the petitioner Nos. 2 and 3, the learned Counsel submits that they are not first information report named accused and nothing was recovered from them. He adds that only allegation against them is, that they were identified by the in..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....ence, on 22-11-2006 the complainant filed a petition of complaint being MP Case No.495 of 2006 under section 4 of the Dowry Prohibition Act, 1980 before the Magistrate, First Class, Thakurgaon. After holding enquiry the learned Magistrate by the order dated 27-2-2007 dismissed the complaint under ...... Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman Vs..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
.... against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section 18 of the Employment of Labors (Standing Orders) Act, 1965 and if it is found that in holding the inquiry the inquiry officer followed the procedure and the principle of the Rule of natu...... the alleged conduct of uprooting the root of bamboo plants 10/12 in number to be misconduct within the ambit of theft, fraud or dishonesty in connection with the employers' business or property. Moreover, another charge for investigation of his brother to beat Gongaram by the 1st party is not moved..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....sh trial as a session case. Against that judgment and order of this Court appeal was preferred, in which the Appellate Division observed, "The learned Judge of the High Court Division was right in holding that the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence un......umi and daughter Tanjera used to live in the house of his mother-in-law, informant Amena. The accused was a mason by profession. On 21-4-2004 in the morning the accused demanded dowry of Taka 2000, over which he had altercation with the deceased. Thereafter the informant went out to work as a labo..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
.... and the pre-emptee No.1 was a stranger purchaser. Admittedly, the pre-emption case was instituted within the statutory period of limitation. Admittedly, an area of 64 decimals of land comprising two holdings were transferred by the Kabala deed dated 27-3-2002 but the pre-emptor initiated the pre-em......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
.... Judgment Syed Refaat Ahmed J.- These are four Applications variously filed under Sections 81(2) and 85(3) of the Companies Act, 1994 ("the Act") that proceed on a common premise for the holding of the 20th, 21st, 22nd, and 23rd Annual General Meetings (AGMs) of United Commercial Bank......hman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and 11 of 2008) Registrar of Joint Stock Companies and Firms, Government of Bangladesh, 24-25 Dilkusha C/A, Dhaka-1000 and another...............Respondents (In M..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... of the ACC Act, 2004 and rule ১৫ঘ (1) and (5) of the EP Rules, 2007 makes it clear to us that section 26 of the ACC Act, 2007 empowers the Commission, upon receipt of any information and after holding necessary inquiry thereon if it is satisfied that any person or any other person on behalf o......ra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Minister of the Government of the People's Republic of Bangladesh. She is a business lady and an individual tax-p..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
....se of the Urdu-speaking people needs to be separated from “stranded Pakistanis” and a decision on their citizenship may be taken expeditiously. It also desired that the Chief Advisor may consider holding an inter-ministerial meeting with all relevant government agencies with the participation of......ms left their home in India and immigrated to the then East Pakistan, settled and started business in different districts. They were recognized as citizens of erstwhile Pakistan and many of them got Government Service in the then East Pakistan.
4. In course of time, many of them who came from the..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....lias transferred his purchased share in favour of Rasheda Begum by way of gift and delivered possession thereof to her and thus Rasheda Begum became the 16 (sixteen) annas owner of the suit holding. As Khatimunnesa did not pay the house rent, Rasheda Begum filed Money Suit No.50 of 1959 in......hased land on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter referred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingly; S.A. Khatian being No.197 and R.S. Khatian being No.124..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....jected the application of the defendant-petitioner filed under section 17 (1)(2) of the Artha Rin Adalat Ain and also allowed the plaintiff not to file the documents as prayed for by the defendants holding that if the suit is not disposed of within stipulated time, the suit under Artha Rin Adalat ......etary, Ministry of Law & others............Respondents Judgment April 24, 2008. Result: The Rule is discharged. Case Referred to- Bangladesh Marine Fisheries Association Vs. Government of Bangladesh, 52 DLR 273. Lawyers Involved: Shahed Alam, Advocate - For the Petitio..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the authority of the Court holding the trial and that the Labor Court only has exclusive jurisdiction to try the grievances of ......, Sadar, Kurigram impleading the petitioner Nos. 1-4 as defendant Nos. 1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
....ant Attorney-General-For the Respondents.
Writ Petition No.3470 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI
was issued against cancellation of the license for holding arms and also
seizure of the licensed pistol of the petitioner along with ammunition pursua......f Late Syed Ahmed Miah, 50/A, College Road, Chakbazar, PS-Pachlaish,
Chittagong……………………………………………….Petitioner
Vs.
Secretary, Ministry
of Home Affairs, Government of Bangladesh, Ramna, Dhaka and
others……………………………………………..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....sp; Writ Petition No.1689 of 2004. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the respondent Nos. 5, 6, 7 and 8 to show cause as to why and under what authority they are holding the posts of Senior Planners of the Urban Development Directorate under the Ministry of Ho......ourt High Court Division (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008...Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....dge, 1st Court, Dhaka against the defendant-opposite party for ejectment of monthly tenant. The father of the petitioner named Dr. Abdul Monayem Khandaker was the owner of a tin-shed shop situated at holding No.34 Siddeswari New Circular Road, Police Station-Ramna, District- Dhaka. The defendant-opp......n statement denying the material allegation of the plaint and stating, inter-alia, that the defendant was not a defaulter and that the plaintiff had no bonafide requirement of the suit shop room. Moreover, since the plaintiff had other rooms of the suit holding let out to other tenants, the pla..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... following question was originally referred for determination by this Division: i) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in passing order upholding the justification of A.J.C.T. in upholding the assessment framed by the Deputy Commissioner ......issioner of Taxes to deduct the municipal tax from the estimated income. The Appellate Tribunal upheld the assessment under section 84/93/43(4) of the Ordinance. It also held that the Ordinance shall override the Mitakshara Hindu law for the purpose of assessment. 15. In the aforesaid circumstanc..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
....adar Bhola, to any other district on the ground stated in the petition. Subsequently, another petition was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and ......nt of another place is erroneous, as from the very petition her permanent address is found to be at Bhola. The second ground of political influence does not stand under the regime of the Caretaker Government. Further, delay to dispose of the suit also does not stand, as the Presiding Officer of ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application for bail even in a case inv......, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not sh..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
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