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BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....iaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possession of their homestead at Gudaraghat/Bhashantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshaha......s, maid servants and petty private service holders respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is situated in CS and SA Plot Nos. 776 measuring an area 1.15 acres of land and 777 measuring an area 0.50 acres of land, total area 1.65 acres of land, under Joarshahara ......f without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......of mud from the eastern to the western side of the said Basti. They earn livelihood by driving rickshaw/van pulling cart and some are employed as daily labour in the construction sectors. The land in question was acquired in LA Case No. 159/61-62 by the Government for implementation of different pro..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ourt does not claim to be always right although it does not spare any effort to be right according to the best of the ability, knowledge and judgment of the Judges. They do not think themselves in possession of all truth or hold that wherever others differ from them, it is so far error. No one i......damental rights even then the judiciary upheld its independence by ensuring that a judge of the superior court cannot be appointed without consultation with the Chief Justice. So is the case in England, mother of common law. In United Kingdom, the Lord Chancellor, who is a cabinet member, ranks ......wscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabja......aster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
.... filing a supplementary affidavit respondent No.1 stated that those residential plots have been allotted to different allottees long before the issuance of the Rule and most of those allottees are in possession of the same. It may be mentioned that admittedly vacant spaces earmarked for park, play g......dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan) for community purpose, recr...... any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ...... plan of the sector concerned either to eliminate or curtail park, play ground and other community facilities enjoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......Md)..............Petitioner Vs. Md. Siddiqur Rahman Bhuiyan and others…………………………Opposite Parties Judgment May 16, 2001. Cases Referred To- Moulana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20; Nur Hossain Vs. Election Tribunal......ana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20. 10. Mr Shafique Ahmed, the learned Senior Counsel appearing for the election-petitioner, submits that even if the questioned ambiguous votes are not excluded and added to the valid votes of respective candidates, t..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......r Rashid J National Sports Council……………… Petitioner Vs. A Latif and Company …………………..Opposite Party Judgment July 4, 2001. Cases Referred To- Novelty Cinema, Lyallpur Vs. Firdaus Films and another, PLD 1958 (WP) Lahore 208; British Airways PLC Vs. Ban......me any jurisdiction under the section. 10. Relevant portion of the arbitration agreement as contained in clause 50 of the contract in the instant case is as hereunder: 50. “If at any time any question, dispute or difference shall arise during the progress or after the completion of the work ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......bility could be fixed upon the carrier for the alleged damage. His contention as regards claim on account of loss due to fall in price of rice, additional bank interest due to delay in shipment, post landing survey charges, compensation to the party, loss of business continuity as made in item Nos. ......is also Reported in: 53 DLR (2001) 381. ......t Authority and the consignee’s C&F agent and thus the defendants are not responsible for the alleged damage as claimed by the plaintiff. It is the case of the defendants that the containers in question were discharged by the carrier at the port of Chittagong with the seal intact. The defendan..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers ...... this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......tice to hold a second bid is arbitrary, malafide and without lawful authority.
2. Respondent No.1 has been contesting the Rule denying material allegations and stating, inter alia, that the bid in question relates to a commercial contract and, as such, writ petition is not maintainable, that the ..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....ituted in the court of 2nd Munsif at Brahmanbaria by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The s......d Munsif at Brahmanbaria by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by oppo......CD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......7 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that when the loan in question was taken by the respondent No.5 company petitioners were not its directors and before they..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......de declaration in August 1995 and as such had no authority to fix any price from August 1995, more so, after the expiry of the time limit prescribed in proviso to rule 3(3) of the VAT Rules 1991. The questions raised in the writ petition are whether the VAT authority can refix the basis of price ret..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....praying for a decree for permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary inj......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......Enayetur Rahim, Advocate—For the Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by......But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the real question or issue raised by or depending on such proceeding. This general power of amendment under s..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ase is also Reported in: 53 DLR (2001) 368.......ashava but they were not required to pay octroi for petroleum supplied out side Khulna Pourashava. The learned Third Court of Sub Judge. Dhaka decreed the suit. Hence, this appeal. 9. The material question that was for considering before the Subordinate Judge, whether the plaintiffs were entitled..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......ation. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......both in the FIR and also in the deposition of the informant. The petitioner after obtaining bail absconded and did not appear in Court during the trial, as such, it is now too late to rise said the question when it is accepted by the Trial Court. Besides, the informant and his companion who were a..Category: Criminal Law | Date: | Hits: 39
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......t in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......he Code of Civil Procedure was not entertainable on this Court also. 6. However, considering the above facts and circumstances we find that there was no scope for setting aside the auction sale in question on the prayer for the respondent No.1 made long 3 years after the impugned auction sale. ..Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611........ We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......arging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......cord. 10. It appears that the High Court Division considered the prayer of the petitioner and having considered the admission of the petitioner that he has no property at all rightly held that the question of realization of the decreetal amount as per sub-section (9) of Section 34 of the Artha Ri..Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
....s father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff on 3 4¾ decimals of land. Thus the plaintiffs acquired possession of land m......itioners appeared before the trial court and contested the suit by filing written statement. 3. The plaintiff’s case, in brief, is that Kefatullah and Esamuddin were the owners of the suit land including other lands. By amicable partition Esamuddin and Kefatullah got 1.32½ acres of land ......tion which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....ndant Nos.8-10), and the R.S. and S.A. khatians in the name of Mahesh Chandra Dhupi in exclusion of prasanna and his heirs were wrong and in spite of wrong records, the plaintiffs maintained ejmali possession of the eight annas share of the disputed jamas, but as the defendants denied their title...... those dated 31st July, 2002 of the learned Assistant Judge, Betagi in Title Suit No.63 of 1999. 2. Respondent Nos. 1 and 2 instituted the above suit seeking declaration of title of 2.385 acres of land appertaining to S.A. khatian Nos. 635 and 629, corresponding to R.S. khatian Nos. 31 and 418 ......r book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
.... the petition alleging, inter alia, that the case is not maintainable and it is bad for defect parties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors are not co-sharers in the disputed holding be......azipur in Miscellaneous Case No.9 of 1998. 2. The respondents instituted Miscellaneous Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in question app......e petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......s Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in question appertained to C.S. Khatian No. 362 of S.A. Khatian No.651, Plot No.1432 measuring an are..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......llowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court. 3. The case of the plaintiff petitioner, in short, is that the suit land measuring about 23.50 decimals with other lands of total area 71 decimals situated within mouza......on which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... local administration forcibly close down Nutan Bazar with a view to start K.D.D.B. new market and accordingly, the plaintiffs with the permission of K.D.D.B. constructed and erected shops over the land of K.D.D.B. hereby the bank of Patuakhali river with their own expenses; that the plaintiffs as......ed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...Category: Property Law | Date: | Hits: 31
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