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Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

.... shall be a charge upon the immovable prop­erty of the certificate-debtor, wherever situ­ated, to which every other charge created sub­sequently to the service of the said notice shall be postponed. Section 9 of the Act has clearly provided for filing petition denying the liability and s...... the suit property to the defendants within 30 (thirty) days. As the plaintiffs did not agree to hand over possession of the suit property as per direction given by this Division Hajee Selim, a local member of the parliament mediated the matter and in presence of Alhaj Kazi Md. Masum, Commissioner o......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

.... them the suit is not maintainable in its present form and barred by the principle of estoppels, waiver and acquiescence and that Water Development Board is a semi- Government Autonomous Body and the post of the plaintiff is an irregular temporary post. The trial Court decreed the suit. 5.......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....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 Housing and Pu......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......r Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule is discharged. Cases Referred to- Mir Ghulam Hussain Vs. Union of India, AIR 1973 (SC) 1138; King Vs. Speyer and King Vs. Cassel, (1916) 2 KB 595; A Ramachan......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....mla. UD Case No.1 dated 19-2-81 was recorded by one Jotish Chandra Mohonta (P.W. 3). The Police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20- 2-81. The informant Afaz Uddin (P.W. 1) brother of th......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....la. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20.2.81. The informant Afaz Uddin (P.W.1), brother of the......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......ch a person cannot be de­tained for indefinite period. In the said case the High Court Division observed; "The provision of Rule 16(2) is enabling provision conferring the power upon every member of law and order forces to arrest any person concerned in committing any cogniza­ble offen......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......ny property, assessee was bound as head of such undivided family to disclose income of the entire family. The assessee had no right to file separate returns in the name of wife and sons. Ownership of members of an undivided family under Mitakashara School of Hindu law shall apply in case of enjoymen......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)

....d were rooted, teeth were broken and her abdomen was torn. There was injury of the private organ of the dead body. He sent both the dead bodies to the morgue for autopsy and after having received the post-mortem report lodged the FIR on 28.08.1995 and Ghior Police Station Case No.10 of 1995 dated 29...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ..

Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ...... the charge sheet with a further reference to GD Entry and the arrest of the accused petitioner in that connection, does not in any way affect the bail matter. The said Rule 16(2) simply empowers the members of the law enforcing agency to arrest a person suspected to be involved in a cognisable offe......n that case the first information report was lodged on 19-2-2007. The allegations is under section 420/406 of the Penal Code wherein it has been alleged that accused petitioner, being a chairman of a Union Parishad, misappropriated some relief goods, namely 55 pieces of corrugated tin (ঢেউ ট...... case the first information report was lodged on 19-2-2007. The allegations is under section 420/406 of the Penal Code wherein it has been alleged that accused petitioner, being a chairman of a Union Parishad, misappropriated some relief goods, namely 55 pieces of corrugated tin (ঢেউ টিন..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......lowing day i.e. 8.3.2007 he was handed over thee Panchalish police station with report that accused petitioner is elected Mayor, President of Chittagong Metropolitan city Awami League, an influential member of Central Committee of Awami League and Divisional Awami League Co-ordinator. He is an activ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ......dingly updated providing for review of any matter related to the Clean Report of Findings (CRF) issued by the pre-shipment inspection agencies. Then, after introduction of the PSI Rules, 2002, a five member "বিরোধ নিস্পত্তি কমিটি" for resolution of disputes was ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....ne ash coloured full pant, one black half pant, underwear with blood and part of one ammu­nition from the dead body of Kamal Hossain. Post mortem was held on the said date and the doctor who held post mortem, found 5 bullet injuries on the person of the deceased. The opinion of the doctor is de......ay of Pakistan, to which the informant raised objection and there was exchange of hot words. This witness stated that there are 3/4 mosques in and around the place of occurrence but he could not remember whether anyone from the mosque came to the place of occur­rence. This witness stated that d......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....e petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the respondents sent a petition narrating grievance to the petitioner by registered post with A/D, but those petition were rejected by the petitioner. The Sramik Union of BRAC Printers......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... establishment since October 1989. His designation was 'mounter' and his last gross wages was Tk.10,865.50 per month. He was 'election commissioner' for conducting the election of the Union for 1997-1999 and 1999-2000. This respondent used to accomplish the task of the trade union in......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e deposed that a white ganji and check lungi were seized on 23-8-1993 in his presence. 33. P.W.15, Dr. Md. Saiduzzaman was the RMO of Naogaon Hospital on 11-8-1993. He deposed that he held the post mortem exami­nation on the dead body of the victim Abdur Rahman and found the following injur......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....rse of investigation he visited the place of occurrence and prepared a sketch map along with an index thereof. He also held inquest on the deadbody of the deceased and sent the same to the morgue for post mortem examination. He also seized alamats under proper seizure list and examined witnesses und......atuakhali on 24.3.2003 at 10.15 in the morning and lodged a written FIR alleging that during the last Union Parishad election accused Abul Kalam and another Habibur Rahman contested for the office of member of Badarpur Union. His (P.W.1’s) son Gazi Harun-Or-Rashid (deceased) did not support accuse....... Accordingly a rule was issued. 4. P.W.1 Mokbul Gazi appeared in the local police station at Patuakhali on 24.3.2003 at 10.15 in the morning and lodged a written FIR alleging that during the last Union Parishad election accused Abul Kalam and another Habibur Rahman contested for the office of me......rdingly a rule was issued. 4. P.W.1 Mokbul Gazi appeared in the local police station at Patuakhali on 24.3.2003 at 10.15 in the morning and lodged a written FIR alleging that during the last Union Parishad election accused Abul Kalam and another Habibur Rahman contested for the office of member o..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

State Vs. Saidul and others, 2007, 36 CLC (HCD)

.... them to Dhaka Medical College Hospital for treatment, took steps to record dying declaration of the victims, held inquest on the dead body of the victims and sent the same to the hospital morgue for post mortem exami­nation, examined witnesses under section 161 of the Code of Criminal Procedure, s......actory from outside. 3. Having received the information about the incident the informant Md. Anowar Hossain (P.W.1) along with his father P.W.2, Md. Fazlul Hoque went to the said factory and saw members of the police and fire brigade personnel. The police with the assistance of fire brigade per......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....rit-petitioners were requested to remove the unauthorised constructions, failing which those constructions would be removed and the costs for such removal would be realised from them. 28. It is preposterous to state that the present respondents have not received certain letters addressed to its o......dhani Unnayan Kartripakkha for the con­venience of the public. Md Badiur Rahman Assistant Director (Public Relations) Civil Aviation Authority of Bangladesh, Dhaka." 47. Accordingly, the members of the public are, therefore, advised not to construct any high or multi-storied buildings/m...... August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Chandigarh Admn vs Managing Society Goswami, DGSCE, AIR 1996 SC 1759; K Ramdas Shen......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....as committed by the accused and this was a false case only to harass the accused. 36. Abdus Sobhan, a Sub-Inspector of Police, was examined as P.W.12. This witness stated that on 4-3-1999 he was posted to Sharsha Police Station under Jessore. Informant lodged this case by submitting a written F......ouse of Yasin and snatched away accused Majid forcibly from the confinement. 33. In cross-examination by the defence, he stated that on the night of the occurrence he had no talk with any female member of the house. Next he stated that he was examined by the Investigating Officer after three da......ce that the accused Abdul Majid did not commit any rape upon her. 16. One Md. Abdul Jalil was examined as P.W.2 who stated in his evidence that he knew Khodeja Khatun as she was also a Member of Union Parishad. He further stated that he also knew the accused persons. On 2-3-99 at about 11-30 P.......t the accused Abdul Majid did not commit any rape upon her. 16. One Md. Abdul Jalil was examined as P.W.2 who stated in his evidence that he knew Khodeja Khatun as she was also a Member of Union Parishad. He further stated that he also knew the accused persons. On 2-3-99 at about 11-30 P.M. he ..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....dent No.3 as Principal on the ground of wanting of required academic qualifications. As per National University Regulations for appointment as a Principal, the requirement is at least second class at post graduate degree with first class in Hon's degree or first class at post graduate degree with se......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26