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Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....le or possession in the suit land. Moreover, opposite party No. 2 migrated to India long ago and died there. By way of pattan and purchase his grandfather and father acquired the suit land at various times from 1925 and possessed. Lastly, the suit land was recorded in the name of his father during t......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..

Category: Property Law | Date: | Hits: 31

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....elations Ordinance stating, inter alia, that he was employed by Khulna Newsprint Mills Limited as a “Sukani” in 1961 and in the application for appointment he wrote he was born in 1936 and at the time of his appointment, the Public Servant Retirement Act, 1974 was not in existence and he did not......na Labour Court under section 34 of the Industrial Relations Ordinance stating, inter alia, that he was employed by Khulna Newsprint Mills Limited as a “Sukani” in 1961 and in the application for appointment he wrote he was born in 1936 and at the time of his appointment, the Public Servant Reti..

Category: Labour and Industrial Law | Date: | Hits: 117

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....ose elections were held. It is further argued by the learned Advocate for the opposite party No.5 that the petitioner now expressing his serious objection against the list in question kept mum at the time of its preparation. It is contended by the learned Advocate of the opposite party No. 5 that th......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...

Category: Labour and Industrial Law | Date: | Hits: 99

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

.... for the petitioner, argued supporting all the grounds mentioned in the revisional application, and submits that all the 3 children of the plaintiff opposite party have become adult and major by this time and they are serving in Garment Factories and the plaintiff opposite party is also serving in a......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..

Category: Family Law | Date: | Hits: 186

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....on. Needless, to say that a homestead and huts are not always the same. Moreover, the petitioners failed to produce any evidence to support their claim that there was any homestead on the land at the time the final decree was passed. The possibility of raising some thatched huts by a judgment-debtor......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..

Category: Property Law | Date: | Hits: 29

Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

....f, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filing written statement and then 18-2-93 the next date fixed for f...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...

Category: Civil Law | Date: | Hits: 93

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....T Case No.86/86 acquitting the accused respondents of charges under sections 148/302/34 of the Penal Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ an......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....2-11-89 at about 11-00/11-30 PM the appellant again violated her against her will and the victim girl (P.W.2) recognised the accused-persons in the light of kupi which was burning in the room at that time. On 3-11-89 at noon said Anwara alias Anu Begum and their daughter Hena brought Sanwara to the ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..

Category: Criminal Law | Date: | Hits: 32

Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)

....ty’ in rule 100 as given in the above cases. 25. In the circumstances, the impugned order does not suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..

Category: Property Law | Date: | Hits: 26

Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)

....law. 9. In the circumstances we are of the view that there is violation of Rule 3 sub-rule 8 of Trade Organisations Ordinance, 1994, i.e. non disposal of the writ petitioner’s application within time and in not giving an opportunity of hearing to the petitioner and therefore there is violation ......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...

Category: Civil Law | Date: | Hits: 162

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....and questions arising under the Companies Act. Section 95 which reads as follows: “Notice of every meeting of the Board of Directors of a company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh” does not specifically provide jurisdict......les of Association of SIBL. The office of the above mentioned Directors falling vacant was confirmed in a resolution at the 64th Board meeting of SIBL held on 8-7-2001 (Annexure J). Consequently, the appointment of the petitioners as alternate directors are no longer valid. Section 101(2) of the Com..

Category: Company Law | Date: | Hits: 208

Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)

.... co-villagers took settlement from the Government and paid rents. Thereafter again the lands was diluviated and went under water in 1991. This way the petitioner was affected by diluvion his lands 11 times and lastly, in 1991-1992 when the aforesaid mentioned land was diluviated in the district of F......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..

Category: Property Law | Date: | Hits: 68

Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

....mark No. 46773 in clause-3 from the Register. 2. The facts, in short, are that the petitioner is engaged in the business of manufacturing and marketing of washing soap for a considerable length of time. With a view to distinguishing its products, the petitioner adopted a trade mark consisting of ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....black hole of history. 20. Having thus, jettisoned the legal course of constitutional charade the General de-facto ruled the country with authoritarian fists for four incessant years, during which time the Constitution was forced to a state of suspension, people were not allowed to enforce their ......purported exercise of the powers referred to in sub-paragraph (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (4) All appointments made during the said period to any office mentioned in the Third Schedule shall be deem..

Category: Constitutional Law | Date: | Hits: 482

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

....plaint too, we could not find the Government impleaded as a party or any relief prayed for against the Government. Of course, in its written objection filed on 13-8-2000 defendant No. 1 for the first time claims that the suit premises belong to the Government. Such claim does not deserve any conside......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...

Category: Property Law | Date: | Hits: 31

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....ated 30-9-1998 respectively in Writ Petition No. 291 of 1999 and Writ Petition No. 128 of 1999. 3. On the date of opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of custo......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...

Category: Fiscal/Taxation Law | Date: | Hits: 62

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

...., and has not left any manner of doubt. Section 96 (3) of the Act states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the tr...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...

Category: Property Law | Date: | Hits: 28

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....f respondent No.1 is not applicable. He has pointed out that the present writ petition is a writ of quo warranto and the petitioner challenged the holding of office of the Member of the Parliament by time respondent No. 1 on the ground that he was not qualified to contest the election and, as such, ......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...

Category: Election Law | Date: | Hits: 88

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....came refundable. It was only on 14-2-84 when her authorised representative appeared for hearing of her cases of the subsequent assessment years 1977-78 and 1978-79 that she came to know for the first time that the aforesaid sales tax deducted at source in respect of assessment years 1975-76 and 1976......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was filed out of time by 436 days. Though a prayer was made for condonation of the delay of 436 days but no Rule was ......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...

Category: Property Law | Date: | Hits: 39