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Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rder is not only illegal as well as contrary to the provisions of Order IX Rule 13 C.P.C and also perverse and cryptic in nature and as such the same is liable to be set-aside. 9. On the other hand, Mr. Arobinda Kumar Roy, the learned Assistant Attorney-General appearing for the opposite pa...... Appellate Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Abdul Qadir and others………………………………………………Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others…………......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....9 As per decision 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 ......nemy or abandoned property after 1969 As per decision 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......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. ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....oceeding of Sessions Case No. 161 of 2007 corresponding to GR case No. 15 of 2007 should be quashed. 7. Mr. Nizamul Haque Nazim, the learned Assistant Attorney General for the state on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant cat......ed the petitioner's application by the impugned order dated 04.07.2007 thereby framed charge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
.... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul ......ijheel Police Station Case No. 27 dated 06.04.2007 corresponding to G.R. Case No.330 of 2007 under Section 25B and 25D of the Special Powers Act, 1974 taking cognizance without prior sanction by the Government against the accused-petitioner under Section 25B (1) of the Special Powers Act, 1974. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
.... the Act, the appeal was deemed to have been allowed by the Tribunal. 5. By filing affidavit-in-opposition on behalf of the Respondent No.2 the learned Assistant Attorney-General on the other hand, opposes the Rule. He submits that the appeal in question was filed on 14.10.2004 before the A......disposed of by Tribunal within 12 months. This submission is misconceived and not in keeping with the provisions of the Act particularly in respect of the interpretation of the relevant provisions governing the issue. 10. Section 42(1) made provisions for filing of the appeal. It says, ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....dditional evidence there would remain 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 ...... plaintiff in part performance of the contract followed by a registered agreement, the defendants No.2-3 cannot be ousted from their possession in as much as, they have acquired an indefeasible right over the said property and the plaintiff vendor has lost all his right to the property. It is furthe....... 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. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... 58 DLR 106; Nizamuddin Miah Vs. State, 26 DLR 350; Bashir Kha Vs. The State, 50 DLR 199. Bashiruddin Ahmed Vs. The State, 34 DLR 413; Moonda Vs. The State, 11 DLR SC 32; Hari Dayal Singh Vs. Bhajan Chandra Saha, AIR 1961 Tripura 41; Hazi Abdur Rahaman Vs. Syeedul Haque Chowdhury, 38 DLR 4; Bibhuti ......Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for Ministry of......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: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
....8 others Vs. Government 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......Sales Tax Officer, Ponkunnam and another Vs. K.I. Abraham, AIR 1967 (SC) 1823; Aminul Islam & others Vs. Bangladesh Biman Corporation & others, 2 BLD (HCD) 1; Fazlur Rahman and 38 others Vs. Government of Bangladesh & others, 4 BLC (HCD) 526; Bar Council of Delhi and another (etc.etc.) V......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.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....e system, namely the Penal Code. When a child is exempt from prosecution either under section 82 of the Penal Code or upon inquiry under section 83 of the said Code, no question of arrest, custody or handing over on bond at all arises. It was wrong for the Magistrate to expect that anyone would appl......ot be placed in detention in any certified institute in accordance with the law. Certainly the children wing in the prisons are not meant to be used for children who are kept on remand or simply kept overnight as a place of safety. . . The law requires that children kept in any confinement, must be ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....tioner in execution of the decree and the sale certificate has been executed and registered which means that the decree has been executed in part. 10. Now the only part has to be executed for handing over possession in the auction purchased land through Court. The decree holder petitioners ......n execution of the decree and the sale certificate has been executed and registered which means that the decree has been executed in part. 10. Now the only part has to be executed for handing over possession in the auction purchased land through Court. The decree holder petitioners duly too......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
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....d J Mosammat Rehana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam C...... Roy Chowdhury. Thereafter he sold out the same to Abdul Samad; that during B.S. survey operation the said land was recorded in B.S. khatian No.1196 under B.S. dag Nos.954, 958 and 955/956/957. Land covered by B.S. dag No.954 is 32 decimals and B.S. dag No.958 covered 18 decimals; that thereafter th......L.C. Records. The 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: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....C.S. khatian
No.569, Plot No.138, measuring an area of land of 2.04 acre and C.S. Plot No.590
measuring an area of land of 0.33 acre belonged to Wahed Ali and others. The
mother of plaintiff No.1 Chandraban Bibi purchased the land by auction.
Thereafter, Chandraban Bibi transferred the land 2.04......Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from th......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.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....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. ......stant writ petition challenging the alleged direct demands as stated above and sought release of the Bank Guarantee and undertaking stating that no liability for VAT had arisen. The process for recovering VAT under declared or paid has not been followed and the guarantee will severely hamper the...... Bangladesh Limited decided to discontinue the business in Bangladesh. As a result the shareholding and controlling interest in the petitioner company was changed. On 29th November, 2006 the new management of the petitioner company changed the name of the petitioner from Organ (Bangladesh) Lim..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....lso Reported in:61 DLR (HCD) (2009) 679. ......Sree Sree Kalimata were in possession of the same and with a view to remove any complication in future regarding the deity's title, the shebaits of the kalimata took pattan of the lands from the Government. The recitals in the deed clearly disclosed that the deity is a public debuttor which is b......dication or gift of property to an idol, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to speak on behal..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
....ing the existing thousands of graves including martyr of language
movement. So, they have filed this writ petition to protect the graveyard with
direction to maintain as it is.
3. On the other hand Dhaka City Corporation has filed
Affidavit-in-opposition admitting their misdeed which touched......rameworks of maintenance or of
administration. So, respondent No. 2 cannot be allowed to run with the road construction
word to facilitate the public to ply their vehicle through the graveyard. Moreover,
religious sentiment also does not allow doing the same for which Municipal
Corporation had t......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
...., Afsaruddin and 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 s......Present: Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. ......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 ..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)
.... of 2009) Chowdhury Md. Zahangir, Advocate-on-Record-Respondent Nos.1-4. (In Civil Petition No.1159 of 2009) Not Represented- Respondent Nos. 5-8. (In Civil Petition No.1159 of 2009) Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For......of Professors, Associate Professors and Assistant Professors in different disciplines in various Medical Colleges, Hospitals and Institutes under the Ministry of Health, Family Planning and Welfare, Government of Bangladesh. In the said notification, PSC specifically stated the number of posts to be......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
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ylhet, for examination, where she was produced on 29.03.2009. In the meantime she was kept in the jimma of her parents. After her medical examination at the OCC (Outdoor Crisis Centre) the victim was handed over to the investigating officer on 31.03.2009 and the investigating officer on the same day......u Nirjatan Daman Tribunal, Sirajgonj in Nari-o-Shishu Case No.764 of 2006; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-Fo...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....elopment of the same has
constructed dwelling houses and the pre-emptee-petitioner has been residing
therein with his family members and he has no other land other than this
property, on the other hand, the preemptor owns substantial land and as such,
he sought dismissal of the preemption case.
......als have
allowed the preemption which is an error of law and as such, the judgments are
liable to be set aside. He further submitted that the Courts below had to
decide the title of the pre-emptor over his own land in as much as the preemptor
has not filed any documents of his title but he sough......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
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....r tender on 30-9-1996 and it was sold to the highest bidder defendant No. 5 at Taka 21, 74,544. The defendant No. 5 paid the entire money on 1-2-1996. On 4-2-1997 and 16-2-1997 the suit land was handed over to the defendant No.5. As per SA record, Rally Brothers were recorded as land lord ......hree appeals, First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a s......l (Rally) Special Property (jute) along with other properties. After installation of Bangladesh Jute Corporation, the schedule property was posted under the Jute Corporation. Jute Corporation took up management and control of the property and obtained decree against Rally Brothers and execution of t..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
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