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Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

...., that no compensation or annuity of the hat has been assessed or paid by the Government, to the Waqf Estate and the Government never exercised any act of possession over the said hat at any point of time, that the income of the hat is utilised for which the Waqf Estate was created and that if posse......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

.... 1996 from two Constituencies of 127 Jhalakati-l and 130, Perojpur-2 as a nominee of Jatiya Party but he retained his Perojpur seat and relinquished the other seat. The petitioner was at the material time the Secretary General of Jatiya Party. In the said general election Jatiya Party owned 30 seats......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....ced with such situation the petitioner moved this Court on the next date i.e. 6th January, 1994 and obtained a Rule and the ad-interim order from this Court and the eviction operation stopped for the time being. 4. In the writ petition it is further stated that eviction operation is against the g...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

.... the House Building Finance Corporation thereafter instituted Money Execution Case bearing No.3 of 1994 for the realisation of loan money from the petitioner Mr. Abdur Razzaque Mollah. But in the meantime due to long absence of the Barrister Mr. Abdur Razzaque Mollah, plaintiff-opposite party No.1 m......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..

Category: Civil Law | Date: | Hits: 71

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

....a knife and kiris come within the definition of arms as given in section 4 of the Arms Act. In this connection, we have considered some old cases (though we have searched for some decisions of recent time but did not find any) of the Superior Courts of India and Pakistan such as the case of Sewa Sin...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..

Category: Criminal Law | Date: | Hits: 40

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....tion in making the payments in favour of the Governments in accordance with the terms and conditions, specifically spelt out in the Memo dated 9-4-1984, as such, the contract came to end by efflux of time which was only communicated to the petitioner Memo dated 23-12-1997. 6. We have heard the le......, the petitioners duly paid the arrears rents although they were not legally bound to do so. At long last, after a series of applications made by the petitioners to complete the transaction, a senior scale Section Officer absolutely illegally by his Memo No.MC(AP)-7FIN/82/313 dated 23-12-1997 (Annex..

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

.... No.2 that the matter was pending before the Minister–in-charge of Industries for consideration. Defendant No.2, however, disconnected the plaintiffs gas line on 28-12-83. The plaintiff, in the meantime, made deposit of Taka 2,02,680 in accordance with the terms of the agreement dated 9-4-77 and f......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

.... was justified in law is not allowing the petitioner exemption under section 4(2)(iii) of the Income Tax Act, 1922”. 6. In these reference applications a third question was formulated but at the time of hearing the learned Advocate for the petitioner did not press that. 7. In the other set o......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

....een passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed. 2. Learned Advocate appe...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ..

Category: Property Law | Date: | Hits: 102

Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)

....92 in refusing bail to the appellants. He also relied on some decisions of this Court. 3. It appears from the impugned order dated 2-11-98 that witnesses having not appeared prosecution prayed for time and the Special Tribunal allowed the prayer and fixed 21-3-99 for further trial and also issued......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...

Category: Criminal Law | Date: | Hits: 35

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....ge after transfer of the case rejected their prayer for bail. It is true that there is no specific allegation against any of the petitioners of causing injury to the victim or any other person at the time of the occurrence. It is also true that the petitioners’ name did not find place in the FIR. ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...

Category: Criminal Law | Date: | Hits: 33

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....the purported introduction of one Jalaluddin Ahmed holding current deposit account No.1570 and the said signature was verified by accused Abdur Rob, an Officer of the aforesaid Branch at the relevant time. The specimen Signatures of Account holder as appearing in the account opening form were admitt......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...

Category: Criminal Law | Date: | Hits: 104

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....ahman and Abdul Karim. They settled the suit land along with, other property with the plaintiff and delivered possession. The plaintiff also got allotment of the suit plot from the Government. At the time of delivery of possession defendant No. 1 was occupying the tin shed as a caretaker. He was all......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

....ributors for whole of Bangladesh for marketing, etc of Messrs Birla Tyres brand items. The plaintiffs invested huge money for sale and marketing of said tyres. Even after successful business for long time, said defendants stopped issuing proforma invoices and asked the plaintiffs not to open any let...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..

Category: Civil Law | Date: | Hits: 148

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....ive possession in those plots at the trial of the suit. The learned Commissioner yet allotted those plots to the plaintiffs. The homestead and the fruit bearing trees around the homestead were of the time of their ancestors of both the plaintiffs and defendants. All the land was in joint possession.......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....e Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the relevant time. He returned to his house from his work and hearing some noise he went out of his house and the......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....dvocate. She held local investigation as an advocate Commissioner after service of notice upon both parties. She submitted her report, exhibit 16. 30. In cross-examination, she stated that at the time the work was going on, foundation was made ready. 31. PW 6 Md. Babul deposed that, he did no......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....land. 8. Farida Rahman appointed, her father, Hamiduddin Ahmed caretaker in respect of the suit land. She instructed her father to make a two-storied building on the suit land and accordingly, she time to time sent money to her father. 9. Hamiduddin Ahmed got a plan approved by the, local Muni......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ed by Writ Petition Nos. 2605 and 1390 of 2002. Other 7 (seven) cases were filed as IRO cases under section 34 of the Industrial Relations Ordinance, 1969. All the aforesaid 9 cases were filed within time prescribed by law and, in particular, the said two complaint cases were filed within the statut......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....ubt to prove the case against the condemned prisoner. He further submits that PW 1 being the informant of this case and PWs 5-7 being 3 constables, attached to the same police station at the relevant time, went to the place of occurrence with PW 1 and village police PWs 2-4 are witnesses in this cas......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..

Category: Criminal Law | Date: | Hits: 49