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Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....Das while possessing the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plaintiff's predecessor by registered kabala deed No.6270 executed on 6th Aswin, 1373 BS corresponding to 23-9-66 and registere......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for en..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....itioner. The petitioner voluntarily surrendered in the Court of Magistrate 1st Class, Tangail and obtained bail and thereafter the case was transferred to the Sessions Court for trial and it has been registered as Sessions Case No. 161 of 2007 who again transferred the case to the learned Assistant ......ledge of such receipt of notices. Moreover the case of the complainant is that the legal notices under section 138 (1) (h) of the Negotiable Instruments act was issued on 2.11.2006 through registered post with AD: that it is presumed as per the provision of law that the said notices have been duly s......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None a..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....sed persons including the accused petitioner under Sections 25B and 25D of the Special Powers Act, 1974. Then the case was sent to the Court of Metropolitan Special Tribunal No.1, Dhaka for trial and registered as Metro Special Tribunal Case No.879 of 2007. 5. It is stated that the accused-peti......5. It is stated that the accused-petitioner was appointed as Inspector on 10.10.1977 by Collector, Customs and Excise, Dhaka as the Second Class Gazetted Officer and thereafter he was promoted to the post of Superintendent by order of the Government as First Class Non-Cadre Gazetted Officer. He was ......Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul Awal (Md.) and another Vs. State, 50 DLR (HCD) 483; A.S.I. Md. Ayub Ali Sarder and another Vs. the State, 26 BLD (AD) 23; F.M. Mohiuddin Rashiduzzaman Vs. Bahauddin Ahmed and another 28 DLR (AD) 181; Lumbhardhar Za..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......llip;……………………………Opposite party Judgment April 12, 2010. Result: The rule is discharged. Status of post mortem report when there is eye witness The post mortem report is not a conclusive evidenc...... can record conviction on the basis of the testimony of ocular witness leaving aside the post mortem report...........................(8) Case Referred to- State Vs. Ful Miah, 5 BLC (AD) 41. Lawyers Involved: A.Y. Masihuzzaman, Advocate - For the accused-petitioner. D..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
....e, are that, the petitioner is a company incorporated under the Companies Act, 1994 engaged in the business of manufacturing edible oils from imported Crude Plam Olein products and petitioner is duly registered with the Controller of Imports and Exports.
4. The 1st Schedule of Customs Act, 1969 (......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......evied on the basis of the duty which was in existence at the presentation of the Bill of Entry……………(26 & 28)
Case Referred to-
Esquire Electronics Limited Vs. Bangladesh, 59 DLR (AD) 91.
Lawyers Involved:
Fida M. Kamal with Mr. Ashraful Hadi, Mr. Abdullah M. Hasan, A..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....2007 and 109 of the Penal Code. Essentially, the petitioner was implicated for an offence under section 109 for aiding and abetting the principal accused. 4. After filing of the FIR the case was registered as G.R. No.881 of 2007 (Sadar) and no charge sheet has been submitted as yet. 5. Mr....... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... surrender she is a fugitive from justice………………(10) Cases Referred to- Salma Shahadat Vs. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and others Vs. Mahmud Hossain and others, 61 DLR (AD) 17. La..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....tiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreement dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest mone....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......in some inherent lacuna and defect in the evidence made available before the trial Court. ..................................(34) Cases Referred to- Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114; Abul Kalam Vs. Sunhar Ali, 46 DLR (AD) 130; Abdul Latif Vs. Aisha Bibi, 25 DLR 108; Parsoti..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ual aspects are concerned. 53. The prime ingredient of Section 409 is criminal breach of trust. Under Section 405 PC, the defining section, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly......s. Deputy Governor of Parkhurst Prison, 1988 AC 533; State of Hariana Vs. Bhajan Lal, AIR 1992 SC 604; Government of the peoples Republic of Bangladesh and others Vs. Iqbal Hasan Mahmood Tuku, 60 DLR AD 147; M.A. Hai Vs. TCB, 40 DLR AD 206; Bangladesh Vs. Haque, 16 DLR (AD) 147; Jaha Howlader Vs. C...Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ot the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more or less same Sections, which FIRs gave rise two other and distinct criminal cases, registered as Tejgaon Police Case nos. 96 and 97 respectively, which cases have also been challenged......native remedy. 28. The Indian Supreme Court in State of Hariana Vs. Bhajan Lal, (AIR 1992 SC 604), inflexibly discarding the idea that writ jurisdiction cannot be invoked in a criminal matter, expostulated seven types of situation, not exhaustive though, where the High Courts may review a crimi...... The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ot the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more or less same Sections, which FIRs gave rise two other and distinct criminal cases, registered as Tejgaon Police Case nos. 95 and 96 respectively, which cases have also been challenged...... those Sections or any other penal provision of the land. The prime ingredient of Section 409 is criminal breach of trust. Under Section 405 PC, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly......s. Deputy Governor of Parkhurst Prison, 1988 AC 533; State of Hariana Vs. Bhajan Lal, AIR 1992 SC 604; Government of the Peoples Republic of Bangladesh and others Vs. Iqbal Hasan Mahmood Tuku, 60 DLR AD 147; M.A. Hai Vs. TCB, 40 DLR AD 206; Bangladesh Vs. Haque, 16 DLR (AD) 147; Jaha Howlader Vs. C...Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ed loss to the Government. In due course the charge sheet was filed before the Court of Metropolitan Special Judge, Dhaka where by the impugned order cognizance was taken. Fifteen separate cases were registered. By the two writ petitions before us the petitioners seek to challenge the cognizance tak......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
...... of Bangladesh & others, 4 BLC (HCD) 526; Bar Council of Delhi and another (etc.etc.) Vs. Surjeet Singh and others (etc. etc.), AIR 1980 (SC) 1612; The State Vs. Sailendra Chandra Borman, 16 BLT (AD), 265; Dr. Mohiuddin Khan Alamgir, in Criminal Appeal No.4393 of 2007; The State Vs. Md. Moslemud..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... prepared on 10.4.2004 and that was signed by executing Court vide Order No.97 and the said sale certificate was sent to the Sub-registrar at Naogaon for registration. The sale certificate was duly registered and thereafter the decree holder submitted an application on 26.4.2004 seeking for gett......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
....hatun and Jahanara Khatun. The
defendant No.4-9 owned 421/2 decimals of land from their
predecessor, the defendant No.2,6,7 and 9 sold 211/3
decimals of land to the plaintiff No.1 on 23.03.79 vide registered deed No.1053.
Defendant No.4, 5 and 6 were minors. Defendant No.2 was appointed guardian......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......laration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers Involved:
Md. Serajul Haq - For the petitioners.
M. Hash..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... No.1 as securiÂty for CRAD Audit Objections raised against the petitioner (Annexure-F-1) 3. The facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. The majority shareholder of Organon Bangladesh Limited decided to discontinue ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......t: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC Senior Advocate, instructed by Md. Wahi..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......joined in Rajapur Degree College, Rajapur, Jhalakati as a lecturer of the same subject and served therein till 28.06.2006 with utmost sincerity and efficiency. Then applications being invited for the post of Principal of Abdul Malek College, Uttampur, Rajapur, Jhalakati he applied for the same and t...... a correct finding and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......oper . 2. All these Rules concern common question of laws and facts and are being disposed of by this single judgment. 3. In all these Rules the Petitioners were appointed to different posts in Barisal City Corporation from 16-4-2003 to 24-8-2006 on temporary basis by the Mayor of the......…..(64) Cases Referred to- Ashutosh Chakma Vs. Rajdhani Unnayan Kartri-pakkha (Rajuk), 60 DLR 273; Kazimuddin (Md) Vs. Bangladesh, 60 DLR 61; Bangladesh Vs. Md. Selim Reza, 2003 BLD (AD) 193 = 8 BLC (AD) 126;R.v. Sussex Justices, ex p. McCarthy, (1924) 1 KB 256, 259; Zakir Ahmed Vs...Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....cheque to the Bank concerned for encashment on 29.05.2007, but it was also dishonoured for insufficient fund. 3. Thereafter, the complainants served a legal notice upon the accused-petitioner by registered post on 25.06.2007 demanding the money in question and the accused-petitioner received th......he Bank concerned for encashment on 29.05.2007, but it was also dishonoured for insufficient fund. 3. Thereafter, the complainants served a legal notice upon the accused-petitioner by registered post on 25.06.2007 demanding the money in question and the accused-petitioner received the legal not......f action has been ousted…………………..(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....nd Md. Taher who purchased the 3.21 acres of land including the lands covered by the aforesaid four DP khatian from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26-8-1952 and have been owning and possessing the same by constru......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......ssued notice for requisition of 2.19 acre of land including the land covered by 4 khatians for the purpose of acquisition for constructing North-South Road by starting LA Case Nos.8/65-66 through the ADC (LA) Dhaka. Subsequently the aforesaid 2.19 acre of land was de-requisitioned by notice dated 24..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......ve noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, published in various news papers for appointment in the posts of Professors, Associate Professors and Assistant Professors in different disciplines in vario......submissions of the learned Advocates appearing on behalf of the petitioners merit no consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
....r further order or orders passed as to this
Court may seem fit and proper."
3. The case of the
preemptor in short is that the pre-emptee-opposite party purchased plot No.486
and 510 by a registered Kabala dated
24.9.1970 at a consideration of Tk. 1,500.00. The preemptor is holding land......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
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