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Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....to have been served on 30‑10‑65 for acquisition but was not served on them. On 17‑1‑66 another notice under section 93A(4)(b) of said Act was served on them. In 1972, the Government took over possession of said land giving very negligible price of the land. Since the acquisition the appellan......th Md. Shohrowardi, Advocates-For the Respondent No. 2. First Miscellaneous Appeal No. 229 of 2003 and Cross Appeal No. 294 of 2003. Judgment Md. Abdur Rashid J.- This owner of the acquired land presented the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Ju......dustries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh......ing the rule of two years' average available under the Ordinance III of 1965 promulgated on 22‑3‑1965 but made retrospective with effect from 15‑8‑63. 36. The Appellate Division framed the question consideration as follow, "what will be the law for the assessment of compensation for la..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......tay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......ition for examination of the witnesses expressly. But summons were issued to those witnesses on 24‑9‑2003. From this it can be presumed that the prayer was allowed by the tribunal. 12. Now the question is whether the Court below committed any illegality in allowing the examination of those wi..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....rm. By his impugned order he took into consideration the deeds of transfer submitted by the accused-opposite parties in support of their title to the disputed land. He recorded a finding of title and possession respecting the disputed land in favour of the accused-opposite parties and further observ......tially the instant petitioner as complainant lodged a complaint petition against the present accused‑opposite party Nos. 1‑9 and several others alleging that he acquired ownership in the disputed land by purchase from his paternal cousin. He improved the land and raised structures thereon and co......f the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ted to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......‑9‑2003 the case was fixed for DWs and on the same day the learned Advocate for the appellants on perusal of the case records found that due to inadvertence and by bona fide mistake some material questions have not been suggested to the prosecution witnesses and, as such, filed an application un..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....an ejahar with the police station on the basis of which Natore PS Case No. 27 dated 21‑10‑2002 has been started against the petitioner under section 19 (Ka) and 19 (Cha) (sic) of the Arms Act for possession of the rifle and the bullets though he was possessing the same under a licence which was ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......clared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......mbers of the combined force raided his house without any search warrant and seized his .22 bore rifle along with bullets and two knives along with the licence and that since the members of the family questioned the Officer‑in‑Charge as to why he was searching the house without any warrant of arr..Category: Criminal Law | Date: | Hits: 63
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chak...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......ssary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......very constitutionality of the notification publishing the price of the imported cigarette papers was challenged in the writ petition and the appellate authority has got no jurisdiction to decide such question of constitutionality of tariff value of such goods. So, the statutory remedy by way of an a..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122....... the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......he appellants submitted that the High Court Division committed illegality in holding that mere registration is not enough. He submitted that the appellant was entitled to have all the consignments in question assessed on the basis of registered value under the Import Particulars Registration Scheme ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. .....................Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Development Authority, AIR 1985 Delhi 370. Lawyers Involved: Md. Khal......ion. It is further claimed and steps have been already been taken to recover the amount as claimed by the plaintiff to have deducted from the invoices of different jute mills. 9. To appreciate the question, we must refer first to the arbitration clause as contained in the contract, which reads as..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....e facts of the instant case there is nothing to suggest that, after the declaration of title in favour of the plaintiff in 1959, any objection has been raised from any quarter regarding the title and possession of the plaintiff. It appears that at that time the decree was granted without contest. In......ioners, as plaintiff, instituted Title Suit No. 2 of 1959 in the Court of Munsif, 2nd Court, Pirojpur, now Assistant Judge's Court, Nesarabad, Pirojpur, praying for declaration of Title of the suit land. The plaintiff contended, inter alia, that the suit land measuring 0.01 acre appertaining to CS......l application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting ......uarter regarding the title and possession of the plaintiff. It appears that at that time the decree was granted without contest. In view of the above discussion, I am of the view that, there being no question of limitation under section 152 of the Code of Civil Procedure, the application for correct..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......dence should ordinarily show as to how and under what circumstances the witness came to pick out the particular accused person and the details of the part which the accused had played in the crime in question with reasonable particularity. The purpose of a test identification parade seems to be to t..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......ncluding accused opposite party No.2 Samir alleging, inter alia, that out of previous enmity on 10‑7‑1998 in the morning while the informant and his father Abdul Aziz Khan were cultivating in the land of Chand Miah, the four accused mentioned in the first information report including accused opp......ders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....nd took dilatory tactics and ultimately, did not return the same to him for which his well-wisher Md. Younus Sardar lordged a GID being No. 1664 dated 26‑7‑2002 for recovery of the truck from the possession of the accused petitioner. SI Md. Sirajul Islam of Chandgaon PS seized the truck from the......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ...... Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......her order for giving the truck in the Jimma of the Thana after canceling the previous order of Jimma given in favour of the accused petitioner as there was claim and counter‑claim over the truck in question. It is further not disputed that against this order of the learned Metropolitan Magistrate ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208....... Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......e by adducing further evidence for the purpose of securing conviction of the offender. 7. Mr. Altafur Rahman, the learned Deputy Attorney-General appearing on behalf of the State, submits that the questions of fact and evaluation of evidence on record are not within the scope of the present forum..Category: Criminal Law | Date: | Hits: 39
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......psha during the period from 25‑5‑1980 to 30‑1‑1989 in collusion with each other, created false settlement deeds in favour of accused Mizanur Rahman and others, appertaining to government Khas lands and for illegal pecuniary benefit, accused Mannan Molla, Surveyor, provided the accused with f......Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......bmits with reference to the Supplementary Affidavit filed today that in view of section 77 of the State Acquisition and Tenancy Act protecting the action of the accused petitioner, who did the act in question in exercise of his official duties, the instant prosecution against him is not tenable in l..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....nt before a Magistrate, which has not been read over to him, that there has been fight between Hannan and Ershad. He denies the defence suggestion that he has sided with Hannan in that fight over the possession of the ghat. 18. PW19 stated that on 25‑2‑98 he was pulling a rickshaw, that Khode......give evidence because of their interest in the litigation and in criminal trials, the private prosecutor could give evidence because he represented the Crown but not the accused. The common law of England was altered by the Criminal Law, Evidence Act, 1898, the accused was allowed to give evidence. ......wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......ments are receivable prove the facts stated on the general ground that they are made by the authorised agent of the public in the course of official duty under section 35 of the Evidence Act. Now the question is, whether a seizure list, a medical report and a confessional statement of accused are pu..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person upon the land of Informant PW1 pulses field by cows. Accused Babul Sikder chased Ismail Kha and threatened th......ul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......nd sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this criminal appeal. 2. Fate of Criminal appeal hinges on answer to the following questions: i) Whether the prosecution could substantially bring home the offence against accuse..Category: Criminal Law | Date: | Hits: 54
....urt of Assistant Judge, Hathazari, Chittagong seeking declaration that the defendant-respondents have no right to alienate the suit land by way of tender or in any other manner denying their admitted possession therein. After institution of the suit he filed an application for temporary injunction r....... The petitioner instituted Other Class Suit No.37 of 1999 in the Court of Assistant Judge, Hathazari, Chittagong seeking declaration that the defendant-respondents have no right to alienate the suit land by way of tender or in any other manner denying their admitted possession therein. After instit......itioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....her Class Suit No.33 of 1992 pending in Court of the Senior Assistant Judge, Ishwarganj. 2. Respondent No.1 instituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to the plaint and for declar......70 of 2000 arose out of Other Class Suit No.33 of 1992 pending in Court of the Senior Assistant Judge, Ishwarganj. 2. Respondent No.1 instituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to......ordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......rdingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... Case No. 263 of 2001 corresponding to non GR Case No. 2033 of 2001 under sections 465/467/468//469/471/506 and 34 of Penal Code pending in the court of Metropolitan Magistrate, Chittagong. 2. The question that survives for determination is, whether petitioner's, request for Anticipatory Bail can..Category: Criminal Law | Date: | Hits: 79
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