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Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

....er for preemption are hereby set aside and those of the trial Court dismissing the prayer for preemption are restored. The application for preemption is dismissed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..

Category: Property Law | Date: | Hits: 28

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....e has rightly found the appellant Ayub Ali guilty of the charge and that besides the confessional statement of Khalilur Rahman who has implicated him and Ayub Ali, PW 1 has also recognised him at the time of occurrence. He further submits that the confessional statement of Khalilur Rahman is inculpa......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..

Category: Criminal Law | Date: | Hits: 38

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... DW 1, a son of defendant Shaherunnessa, that in 1969 they entered under Solaiman as tenant as an admission of both the defendants to be tenants. DW 1 Sk. Sohrab Hossain was about 34 years old at the time of examination on 13-10-02. So, he was bora some time in 1968 and he was merely one year old in...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....d orders of the Deputy Commissioner of Taxes dated 15-6-03 and 24-12-03 (Annexure-E & F). The Commissioner of Taxes by his order dated 15-5-05 rejected the application for review for being out of time under sub-section 2 of section 121 of the Ordinance (Annexure-H). 9. Mr. Mosharraf Hossain, ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..

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

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

.... the submissions of Mr. Rafiqur Rahman and submitted that the suit as framed was barred by limitation after acquisition and the Court of appeal below therefore fell in serious error in decreeing such time barred suit. 22. He also submitted that in view of the findings of the trial Court that......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)

....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......on by their judgment dated 17th March, 2002 dismissed the leave petition upholding the judgment of the High Court Division passed in Writ Petition No. 2876 of 1998 holding as under: "Since the appointment of the petitioner as Nikah Registrar was on temporary basis no right accrued in favour o..

Category: Civil Law | Date: | Hits: 67

Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)

....cy Power Rules, 2007 directing the respondent No. 1 to submit the statement of assets of his own and his fam­ily members including his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The respon­dent Nos. 1 and 2 have also challenged the ini­tiation a......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

....eramat Ali of village Paragaon P.S. Savar were accused P.S. Case No.4. (11)73. On 22.12.73 at about 7 A.M. they came to Birolia ghat for attending court at Dhaka in connection aforesaid case, At that time Tajal son of late Eklal Miah and Darog Ali (now dead) son of Sonal Miah along with 7/8 other pe...... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..

Category: Criminal Law | Date: | Hits: 30

Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ...... Rule the Second party-petitioners have prayed for quashing the pro­ceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it re­lates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that..

Category: Criminal Law | Date: | Hits: 32

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....r paid occasional visits to Dhaka and all his visits from England since 1952 were to Dhaka alone and not to any place in the erstwhile West Pa­kistan. The petitioner has never visited during his lifetime the territories comprised in present Pakistan except breaking a journey in Karachi as a transit......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....he ac­cused fixing 10.6.85 for P.Ws. On 10.6.85 the learned Magistrate directed to issue fresh summons for the P.Ws. fixing 23.6.85. On 23.6.85 the ac­cused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned M......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....r any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the juris­diction of the court, the court may direct the de­fendant, within a time to be fixed by it, cither to furnish security in such sum as may be spec­ified in the order, t......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....lu and to vindicate his prestige appellant Dablu has been false­ly implicated in this case and that confessional state­ment was extorted by torture and that the occurrence did not take place at the time and place alleged by the prosecution. 7. The prosecution side examined 16 witnesses includin......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....ting excess payment though the petitioner paid the bills from February 1994, to November 1994 with objection. The Gas Company from December, 1995 started submitting gas bills more than double and sometime triple than the actual meter reading. When asked for the reasons the Gas Company told that they......eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ..

Category: Civil Law | Date: | Hits: 115

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

....aintiff has further stated that the plaintiff company opened a CC Account No. 21 with the defendant-opposite party No. 2 subject to the condition that the defendant- opposite parties will extend from time to time credit facilities to the plaintiff-petitioner for their working capital import export c......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..

Category: Civil Law | Date: | Hits: 73

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....hael Golodetz, AIR 1960 Calcutta 47; Pratambull Rameshwar vs. K Sethia Ltd. AIR 1960 Calcutta 702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & J Co., AIR 1987 (SC) 2289; Mecca Mills vs. Bangla......self) and the arbitration also would presumably be by American citizens as arbitrators (vide the Rules) (including ‘Foreward’) of the American Arbitration Association and the actual selection and appointment of arbitrators in the present case). Prima facie then, the parties must have accepted th..

Category: Civil Law | Date: | Hits: 101

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....ce in setting aside the said dismissal order, in exercise of his power under section 151 of the Code. He further submits that in not making the prayer for restoration of the miscellaneous case within time from its dismissal, the prayer of the pre‑emptees opposite party Nos. 1 and 2 has become barr......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...

Category: Property Law | Date: | Hits: 36

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......he Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour by the respondent Company vide appointment letter dated 29‑6‑1997, evidenced by Annexure-B to the writ petition, and while the ..

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....uired to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to complete t......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....lication made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal a......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..

Category: Criminal Law | Date: | Hits: 37