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....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......already vested in the Government by or under any other law for the time being, in force, shall, by virtue of this Article and without further assurance, stand vested in and allotted to the Government free of any trust, mortgage, charge, lien, interest to other encumbrance whatsoever and the governme......s the possession of our above commerÂcial concern at an early date.
It is over 15 days since the release of our above commercial concern, but we regret that nothing has yet been received or heard from you in this connection.
We would, therefore, again request you to kindly give us immediate p......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......AcquisiÂtion and Tenancy Act. Under section 3 of the Act, with the notification made in the Official Gazette all rent receiving interests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving inte......ranted to consider the validity of the decision of the learned Single Judge. 2. The principal view taken by the learned Single Judge is that after the acquisition of rent receiving interest on and from 14th April, 1956, no rent suit could be filed by the rent receiver, only money suits could be f......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
S. M. Basiruddin Vs. Zahurul Islam ChowÂdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ns and incidents, if any, of the tenancy; (l) any right of way or other easement attaching to the land for which a record-of-rights is being prepared; (m) if the land is claimed to be held rent-free, whether or not real is actually paid, and, if not paid, whether or not the occupant is entitle.......58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judgment Ruhul Islam J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent N......e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70....... from the date of receipt of notice of deposit of the above balance amount of the consideration money in Court by the plaintiff (present respondent) in default, the plaintiff Nuruddin Ansari would be free to get the Kabala executed and registered through Court and accordingly, passed the judgment on...... schedule of the plaint against the present respondent who was defendant in the above suit and also for recovery of possession of the same by evicting the said defendant with removal of his huts therefrom. 4. The case of the plaintiff‑appellant Santosh Kumar Paul was, that he purchased the suit......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....on in Civil Appeal No.85 of 2006 by its observation that the petitioner is directÂed not to use any heavy machinery in extracting stone from the quarry causing any damage to the surrounding area and environment and this being the position, he has the indefeasible legal right to extract stone there ......judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......ling upon the respondents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his leaseÂhold right by extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, Distric......judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......al to a healthy system of administrative law. If a plaintiff with a good case is turned away, merely because he is not sufficiently affected personally, that means that some government agency is left free to violate the law, and that is contrary to public interest." 45. Before we proceed fu......as well as the civil executive officers. Therefore, civil executive officers are also within the scheme of the same Constitution and they may certainly be different in respect of powers and functions from Judicial officers. But for that reason, civil executive officers cannot be treated as inferior ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any normal vocation because of......ity and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or further order or orders passed as to this Court may seem fit an......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is perÂmitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......ing that the complainant Bank upon an application of the accused petitioner allowed the petitioner's comÂpany National Cold Storages Ltd. to pay its outÂstanding dues of Taka 94.02 lakh as interest free loan and petitioner's company was directed to pay Taka 23,50,500 in two installments as down pa......sufficient fund' and thereafter the complainant opposite party No.2 served a notice upon the accused person on 02-06-2005 with a request to make payment within stipulated period and take said cheques from the complainant opposite party No.2 but after receipt of the said notice, the accused person di......Advocate for the petitioner is perÂmitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
....d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......sheries named "Kawnai Nadi Group" and "Kawnai Nadi Chaunai Nadi Part" popularly known as "Kalapani" fisheries situated at Police Station-Dharmapasha, District-Sunamganj is a closed fishery and became free for lease with effect from 1411 B.S. The petitioner filed an applicaÂtion for lease of the fis......Group" and "Kawnai Nadi Chaunai Nadi Part" popularly known as "Kalapani" fisheries situated at Police Station-Dharmapasha, District-Sunamganj is a closed fishery and became free for lease with effect from 1411 B.S. The petitioner filed an applicaÂtion for lease of the fishery for 10 years under the......d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
..
Category: Property Law | Date: | Hits: 90
....lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......t at the rate of four annas on each ruÂpee of rent payable by him in respect of the land comprised in his tenancy with effect from the 1st day of Baishakh, 1362. Provided that when such land is held free of rent, such development and relief tax shall be levied and collected at the rate of four anna......cate of this Court has appeared in person and had addressed the Court in support of his appeal.
2. The appellant obtained the lease of a plot of land at the Dhanmandi Residential Area of the City from the Govt. of East PakÂistan for a period of 99 years commencing from the 29th day of January, ......lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......n powder form in bulk imported in bags was 40% ad valorem under SRO No.157 dated 12-6-91 tariff value of tin packed full cream and half cream milk powder per Kg was Taka 90.00 and tariff value of fat free milk powder imported in bags per metric ton was Taka 55,125.00. By SRO No.394 dated 24-12-91 cu......such vested right cannot be taken away in view of the decision of the Appellate Division in the case of Collector of Customs Vs. Ahmed Hossain and others reported in 48 DLR (AD) 199. 3. It appears from materials on record that under SRO No.155 dated 12-6-91 Customs duty for milk and cream concent......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......e birth of the child contending that the petitioner preferred to stay at the house of her father which in the town as the house of the husband was in village and accordingly left his house out of her free will on 16-2-1990 and started residing house of her father. Thereafter the defendant tried brin......nd i.e. the opposite party No.1 on 29-5-1988 and after her marriage she used to live with her husband. The husband lost his job in 1989 and he started creating pressure on her to bring Taka 20,000.00 from her father to enable him to start a business. When the petitioner refused to do so the husband ......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180...Category: Family Law | Date: | Hits: 152
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....ased Sohrab Sardar had some land disputes with his step-brother, the accused appellant Nos. 1 and 2 and these disputes had led to his murder and now that Sohrab is gone the local conditions and their environment became such that the witnesses instead of avenging the death of Sohrab had accepted the ......neralization relating to appreciation of evidence which are not all rules of law, the superior Courts should deprive the Judges of the lower Courts who have to decide on conflicting evidence "of that freedom of reasoning and action which is the first requisite of a judicial investigaÂtion". Same vi...... and 2 sofÂtened their evidence by saying that they could not recognise the accused as their faces and heads were covered with clothes P.W. 5 also stated in cross-examination that he saw the accused from behind and could not mark if the accused had their faces covered. P.W.6 was the only witness wh......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......has filed an application for reviÂsion before the Sessions Judge and that the other party to the application, that is, the party who did not move the Sessions Judge with a revisional application, is free to chaÂllenge the order of the Sessions Judge before the High Court Division by way of further......l Appeal No. 9 of 1981. (From the Judgment and Order dated April 2, 1981 passed by the High Court Division in Criminal Revision No. 402 of 1980.) Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Single Judge of the High Court Division passed in Criminal Revision No. 40 of......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... all interests of rent receivers in the estate, taluks, holdings, or tenancies including their interests in their khas lands, as covered by the said notifications, vested absolutely in the Government free from all encumbrances and the conseÂquences, as adumbrated in clauses (e) and (f) of sub-secti......ntiffs' right, title and interest in the disputed lands as Karsha tenÂants and for confirmation of their possession in the said lands as well as for a permanent injunction restraining the defendants from inÂterfering with their said possession in any manner. This suit was renumbered as Title Suit ......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... other. Sometimes the movement is gradual. At other times, the plates are locked together, unable to release the accumulating energy. When the accumulated energy grows strong enough, the plates break free. If the earthquake occurs in a populated area, it may cause many deaths and injuries and extens......osal and, as such, necessary direction should be given to the Government in this regard. He lastly submits that the Rule should be treated as continuing mandamus so that this Court can give direction from time to time.
10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on beha...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......rs, strengthening the existing automation of customs processing as well as installation of new system to ensure transparency and increase efficiency of the customs department. PSI Company must share, free of charge, all of its existing database resources, on customs related issues, maintained by its......er being without lawful authority and in violation of Public Procurement Act, 2006 (hereinafter as referred to as Act) and Public Procurement Rules (hereinafter as referred to as Rules) deducting VAT from the petitioners at the rate of 13.04% erroneously treating them as "Surveyors" and not as "Cons......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......cited with approval the case of Babu, cited above, where it was held that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 17. In Mohim Mondal Vs. The State 15 DLR 615 t......y also expressed the view that they would wish to appeal before the Appellate Division against my opinion that I could not decide on the issue of conviction. I heard lengthy submissions on this point from the learned advocates for the appellant as well as the learned Deputy Attorney General and the ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56....... benefits, (b) termination simpliciter without giving any stigma or making any accusation is not a punishment and in passing such order no reason is required to be assigned, (c) An employer is always free to take recourse to a simple order of termination in order to avoid the complex disciplinary ac...... the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh AirÂlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no leg......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... of the agricultural year next following the date of publication of such notification in the Official Gazettee, be deemed to have been acquired by the Government and vest absolutely in the Government free from all encumbrances". 26. A close reading of the provisions made in the sections 42, 43 an......evidence on record set aside the order passed by the Revenue Officer. The Additional Collector, Bakergonj by an order dated 12-7-1955 in MisÂcellaneous Case No.192/55-56 directed to realize the rent from Lamio Matbar for those lands. He also directed not to disturb the posession of Lamio Matbar in ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
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