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Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ......se of the Urdu-speaking people needs to be separated from “stranded Pakistanis” and a decision on their citizenship may be taken expeditiously. It also desired that the Chief Advisor may consider holding an inter-ministerial meeting with all relevant government agencies with the participation of..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....e instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently exam­ining the facts of the case similarly case (sic) to the finding that a disputed ques­tion of title was very much involved in the matter which cannot be decided in a su......lias transferred his purchased share in favour of Rasheda Be­gum by way of gift and delivered possession thereof to her and thus Rasheda Begum be­came the 16 (sixteen) annas owner of the suit holding. As Khatimunnesa did not pay the house rent, Rasheda Begum filed Money Suit No.50 of 1959 in..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....ever. 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ j......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......jected the application of the defendant-peti­tioner filed under section 17 (1)(2) of the Artha Rin Adalat Ain and also allowed the plaintiff not to file the documents as prayed for by the defendants holding that if the suit is not disposed of within stipulated time, the suit under Artha Rin Adalat ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the authority of the Court holding the trial and that the Labor Court only has exclusive jurisdiction to try the grievances of ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Division disposing a batch of writ petitions including Writ Petition No.1468 of 2002 of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs and ors. 1988, 40 DLR (AD) 170. 7. It is not disputed that the petitioner got a license being No.8093 dated 30.10.92 for holding arms. He also a......ant Attorney-General-For the Respon­dents. Writ Petition No.3470 of 2002. Judgment Mohammad Abdur Rashid J.- The above Rule NISI was issued against cancella­tion of the license for holding arms and also seizure of the licensed pistol of the petitioner along with ammunition pursua..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......sp; Writ Petition No.1689 of 2004. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the respondent Nos. 5, 6, 7 and 8 to show cause as to why and under what authority they are holding the posts of Senior Planners of the Urban Development Directo­rate under the Ministry of Ho..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....lding inasmuch as there are consistent evidences both oral and documentary, available on record to corroborate the landlord's bona fide requirement of the suit premises. Moreover, I find that the disputed suit shop is situated at 34, Siddeswari New Circular Road, Police Station Ramna, Dis­tr......dge, 1st Court, Dhaka against the defendant-opposite party for ejectment of monthly tenant. The father of the petitioner named Dr. Abdul Monayem Khandaker was the owner of a tin-shed shop situated at holding No.34 Siddeswari New Circular Road, Police Station-Ramna, District- Dhaka. The defendant-opp..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....herefore, depositing 50% of the face value of the dishonoured cheque cannot be said to be illegal in case of a pend­ing ease ended up in conviction and sentence. 12. It is contended that the disputed amendments shall apply prospectively and not retrospectively. 13. It is now well settl...... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

.... Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court tryin......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....terest of public may have some substance which is apparently a subject matter of Inter Ministerial act of the Government. In the summary proceeding under Article 102 it is not possible to decide such disputed question of facts. 15. Consequently, the rule is discharged without any order as to cost...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ...... following question was originally referred for determination by this Division: i) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in passing order upholding the justification of A.J.C.T. in upholding the assessment framed by the Deputy Commissioner ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)

....ent and order of the High Court Division dated 24-5-2005 passed in Writ Petition No.2561 of2005. 2. From the Respondents’ (Respondent Nos.1-3) side identity of the appellant was seri­ously disputed stating that the appellant is a ficti­tious person and somebody else by fabricating paper......ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ..

Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ......adar Bhola, to any other district on the ground stated in the petition. Subsequently, another petition was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....the petitioner was entitled to credit the input VAT that it paid at the time of import of the materials, spares and goods for expansion of the capacity of the furnace of its plant. 19. It is not disputed that the petitioner has got a plant for manufacture of glass containers, glass bulb shells,......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....s having not been done by her; it is difficult for a man of ordinary prudence to hold that she got constructive possession of the case property on the basis of the oral gift dated 14.12.1970. It is undisputed that the Indian High Commission did not attorn her as its landlady, rather the High Commiss......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ...... con­cluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application for bail even in a case inv..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......and 4 in their depositions have been able to prove that the occurrence took place in front of Nira Pharmacy, learned Judge without considering this aspect of the case committed gross illegality in holding that the place of occurrence was shifted from Becharam Deory to Abul Khairat road which bei..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... contest and set aside the orders of termination dated 13.7.2000 and 16.7.2000 and ordered reinstatement of the respondents-workers within 30 days from the date of the judgment with full arrear wages holding, inter alia, that the services of the respondents were terminated for trade union activities..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... vital parts death was usual. He was not aware how long the deceased remained without any treatment. The deceased was struck blows at random without aiming at any particular place of his body. Before holding post-mortem examination he also went through the inquest report. Half digested food was foun..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26