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....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......verriding force in spite of the fact the Rules and Regulations including PRB in force prior to this promulgation of the Ordinance remained valid law relating to police personnel’s of Bangladesh. In view of the aforesaid decision of the apex Court, we are constrained to hold that since the Ordinanc..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......ner was not able to prove that the property was not abandoned property on the ground that the petitioner was unable to prove that his vendor was in Bangladesh at the relevant time. It was also of the view that the signature of the vendor as given on the sale deed did not match the signature of the o..Category: Property Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......petitioners are not bound to pay more than Taka 1800 for each SIM and the respondent No. 6 is bound to deliver the SIM Cards to the petitioners at the contracted price of Taka 1800. 14. In that view, the Rule is made absolute so far as it relates to the petitioners' SIM Cards. The petitioners ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....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 . ......al Court found that before the case for preemption was filed on 13-2-96 the purchasers opposite party Nos. 2 to 4 reconveyed the case land to the vendor by registered deeds of reconveyance. Upon such view, the trial Court rejected the application for preemption. 10. On appeal therefrom at the..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....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 . ......ently proves that the appellant Khalilur Rahman is the main architect who has hired the other accused persons for killing his father and brother for grabbing the entire paternal property and, in that view of the matter, the learned Additional Sessions Judge is justified in convicting the appellants...Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......d to be a legal one and accordingly, the learned Additional Attorney-General has acted illegally in according permission. 10. We appreciate the frank submission of the learned Attorney-General. In view of the submission of the learned Attorney-General, normally, there is hardly any scope to loo..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ed that the Courts below erred in law in finding the defendants tenants under the plaintiff and the defendants defaulted in the payment of rents in the absence of any evidence on record and upon such erroneous views, most illegally decreed the suits, which resulted in serious failure of justice. ......e Courts below erred in law in finding the defendants tenants under the plaintiff and the defendants defaulted in the payment of rents in the absence of any evidence on record and upon such erroneous views, most illegally decreed the suits, which resulted in serious failure of justice. 21.On the ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....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. ...... Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Rashid J.- The above Rule Nisi was obtained on behalf of the assessee against an order dated 15-5-5, (Annexure-H) passed in review by respondent No. 2 and reassessment dated 15-6-03 (Annexure-E) under section 93 and order date..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....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. ......292 acre in his name in the DP Khatian No. 5392 behind the back of the DCC. Against said record of rights, an appeal was filed and decided wrongly against the DCC. Then, an application was made for review which was fixed for hearing on 256-03. Against the review order, the petitioner moved this Di..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. ......stant Attorney-General has got substance, although we have noticed that both the impugned orders were passed invoking section 11 of the Muslim Marriages and Divorces Registration Act, 1974. In view of such a petition in the case, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition N..Category: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....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. ......itted that admittedly from the impugned judgment and order of the High Court Division, Memo of writ petition it is clearly found that the respondent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not se..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......zenship on 18-7-1995 and obtained British passport No. 701185593 and thus became disqualified to contest the parliamentary election held on 12-6-1996 and also to continue as a member of parliament in view of Article 66(2)(c) of the Constitution for acquisition of citizenship of a Foreign State. Simi..Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41....... to by the learned Advocate appearing on behalf of the plaintiff opposite party No. 1 bank reported in 46 DLR (AD) 174, 52 DLR (AD) 76 and lastly, a decision reported in 53 DLR (AD) 9. The consistent view that has been taken by the Appellate Division is that the High Court Division is not vested wit..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....ails greater is likelihood of his straying from evidence which clinches the issue. In the instant case the learned trial Court failed to analyse the evidence on record and this failure led him to erroneous decision occasioning failure of justice. 35. The learned trial court did not consider......ainst alleged offender at the earliest opportunity when occurrence takes place. So if at trial story as given against the alleged offender is omitted from one given in the F.I.R. it has always been viewed with great suspicion and accused have been given benefit of doubt arising from such omissio..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. ......suit land. The second party asserted that they arc in possession since auction purchase and are paying rent to the Government. In the impugned order the learned Magistrate has further found that in view of the claim and counter-claim of the parties, he is not in a position to determine the possess..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....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. ......ory of Bangladesh in 1971. It is the case of the respondent that as the petitioner was a Pakistani citizen at the relevant time and was away from Bangladesh, the disputed property came within the purview of the provisions of the President's Order No. 16 of 1972. The disputed property was legally ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....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.......e for abating any case nor does it provide for passing an order of acquittal of the accused; the section merely provides for stopping the trial of the case and releasing the accused person. In that view of the matter the impugned order passed by the learned Magistrate is not in accordance with..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....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.......r of decisions which we have examined in the instant case having been referred to by the learned lawyers at the Bar and we were fortified by all those decisions of very high authorities in taking the view we have taken herein before. 54. In the case of Malas and another (Trading as Hamezeh) Malas..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....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.......ed under section 342 of the Code of Criminal Procedure. Further the certificate Exhibit-A does not speak anything about torture, it was procured for a particular purpose by influencing the doctor. In view of this fact we are unable to place any reliance on Ext. A and as such it is thrown out of cons..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56....... is concerned inasmuch as in both the suits so far as the parties are concerned investigation into C.D.A/C No. 765 maintained by the petitioner, with opposite party Bank would be necessary. In this view of the matter a simultaneous hearing on consolidation of the suits which are pending in the Cou..Category: Civil Law | Date: | Hits: 88
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