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Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......t, 1948. 6. Section 5(7) of the said Act provides that on and from the beginning of the day on which the notice is so published the requisitioned property shall vest absolutely in the government free from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit aga......intiff’s case in short is that by successive devolution they acquired title in the suit land and that government who has no right, title and interest therein are trying to dispossess them there from. 3. The petitioners contested the suit denying the material allegations made in the plaint...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rs-vs-Bangladesh and others reported in 55 DLR 1, the learned Advocate lastly contends that if the respondent no.2 is allowed to proceed with the unlawful and arbitrary decision it will cause serious environmental hazard in the respective area as it will invite more commercial activities and shall c...... position it the auction by RAJUK is materialized then commercial buildings will be constructed in the said area without keeping any space in between the buildings. Thus, will completely shut off the free access of light and air being enjoyed by the said plot owners. It has also been alleged that by......stitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction notice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should no......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......l Islam Avenue, Shahbagh, Dhaka and to allow the petitioner to run the canteen and also for a direction upon the respondent Nos.2‑5 to return the petitioner's goods valued at Tk. 2,00,000.00 seized from the Canteen Staff to the petitioner. 2. The petitioner is a tenant under the Bangladesh Diab......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...Category: Civil Law | Date: | Hits: 56
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......was the same the place of occurrence and date was the same, the manner was the same, and as such the present case though not barred under section 403 it clearly indicates that the allegations are not free from doubt, on a similar allegation previously the present petitioner was not even charge sheet......way the ballot box of the said polling centre and took it to the nearby house of accused Jasimuddin, Chairman and in front of the house of Jasimuddin chairman accused No.1 namely, ASM Abdur Rob fired from his gun injuring 20/25 persons of whom two namely, Jitendra Kumar Dhupi and Tajul Islam was ser...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ...... Parishad was required to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which ......nstituted by a notification in the official Gazette under the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance LIX of 1982) which was amended from time to time. The prime object and purpose of the said Ordinance was to constitute Upazila Pa......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......ect of parties in the Court of the District Judge. The appellate Court found that after the amendment, the defendants did not raise any objection about any left out heirs and as such the suit was now free from defect of parties. 13. Both the trial Court and the appellate Court concurrently found ......ghter. Plaintiff No.1 being the heir of Abdul Latif got 25 acre in plot No.210, .05 acre in plot No.207, in total 0.30 acre and transferred the same to defendant No.1 and also transferred 0.12 acre from plot No.167 to defendant No.50, a son of defendant No.1 and delivered possession to them. In to......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......hmi Gobinda Jew is the owner of the property and it has been rightly recorded as such in CS Khatian Nos.68 and 142 of Mouza Kirtibashdi under police station Raipura in the District of Dhaka as a rent-free debutter property of Bigraha Narayan Jew and the plaintiff Narayan Jew has been owning and poss......o.3, submits that the learned Courts below rightly dismissed the suit after recording necessary findings and, as such, the impugned judgments being concluded by concurrent findings of fact are immune from attack in revision. The learned Assistant Attorney-General further submits that although the le......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......ught the said goods through Railway; that out of 1345 bundles 387 bundles were sold and remaining 958 bundles were seized; that the said goods purchased by the plaintiff were either duty paid or duty free and plaintiffs possession was neither illegal nor unauthorized as the same were imported either......ary of State, 1919 AIR (Bom) 30. Lawyers Involved: AY Salehuzzaman, Deputy Attorney General ‑ For appellants. MA Aziz with MR Rezaul Karim, Advocates - For Respondent No.1 (a). Appeal from Original Decree No.157 of 1959. Judgment Kazi Ebadul Hoque J.- This appeal by the defenda......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......or groups of persons, like public servant, as has been contended by the petitioner in support of his prayer for discharging him from the proceeding. The expressions that have been used in the Act are free from ambiguity and uncertainty as to person to whom the provision of the Act shall apply. Expre......ed 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner from being charged under sections 4(2) and 5(1) of the Anti-Corruption Act, 1957 should not be set a...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ence of the accused persons was of complete innocence. Further defence was that victim Tamizuddin was a man of loose character and he had married several women and on the date of occurrence there was free fight between victims party and P.W.9 Dewan Ali’s party over the custody of one Parul, daught......First Information Report with Gaffargaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofazzal and attempted to ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......ontention he has cited Hafiz Abul Khair Vs. State reported in 29 DLR (SC) 1. But we see no reason to indulge in a retrial specially when the unknown accomplices of the condemned accused have been set free by the learned Sessions Judge. As a result there is little to go on for the conviction of the c......his younger brother Hanif Mollah went to Talkhari hat, the village market. After shopping he sent his brother back with the purchased goods while he himself attended a meeting at Talkhari High School from its west side. At about 6‑30/7‑00 PM in the evening he was called away by the accused Ranji......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ...... a consumer complaint, the aggrieved consumer is going to assume that the writ-petitioner has produced and marketed the sub-standard and harmful products, whereas, the actual culprits are roaming free without any accountability. The illegal and sub-standard counterfeit products have affected......rt Division in Writ Petition Nos.8679 with 8885 of 2006). Order Md. Abdul Wahhah Miah J. - Delay of 1064 days in filing the leave petitions is condoned. 2. Third party petitioner seeks leave from this Court against the judgment and order dated the 11th day of June, 2008 passed by the High C......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......ect he has relied in the case of Viran Wali Vs. State reported in AIR 1961 J & K 11. In that case it has been observed that: "The question as to who is person in authority does not seem to be free from difficulty. There is no doubt the view of the Patna High Court that a person in authority ......f any accused. This convict petitioner was the guard of the school who informed the Head Mistress of this theft. Police took up the investigation and seized the broken lock and other broken materials from the chamber of the Head Mistress. In the meantime on 20‑10‑1996 the Head Mistress along wit......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......ody deposits the compensation money as per agreement. It is only on payment of the compensation to the affected person the land or property "shall stand acquired and vest absolutely in the Government free from all encumbrances" under section 11 of the Ordinance. The High Court Division did not expre......on 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......cial Judge, Dhaka in exercise of writ jurisdiction under Article 102 of the Constitution. 2. The above proceedings arose out of the following facts:- 3. The law enforcing agencies seized a duty free vehicle from the basement of UTC Bhaban, Panthapath, Tejgaon, Dhaka and found one Md. Shariful ......assed by the High Court Division in Writ Petition No. 9587 of 2007). Judgment Surendra Kumar Sinha J. - This petition at the instance of the Anti-Corruption Commission and another is directed from a judgment and order of the High Court Division quashing the proceedings in Metropolitan Specia......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......portation of low quality fertilizer from the neighboring countries and thereafter, on 20.2.2000, the petitioner applied to the respondent No. 2 for segregation of the amount of Tk.275 lac as interest free blocked amount to be repaid in 40 quarterly installments from 15.3.2000 along with the renewal ......dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carries on business of import and wholesale of fertilizers and he through the took defendant loans from Agrani Bank, the respondent No.3, and that from 1989 to 1995 the business of the petitioner's w...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... corroborative evidence of the dying declaration. 15. Let us first consider whether in the facts and circumstances of the present case he dying declaration allegedly made by the victim Biplob is free from any doubt and whether it can be treated as a substantial piece of evidence in order to con...... Miah was the younger brother of P.W.1 Chunnu Miah, the informant and said used to do various family works and their neighbors Al-Amin, Shahin and others were his friends. At about 2(two) months back from the date of occurrence condemned-prisoner Shahin took Taka 2,00,000 from the father of Biplob i......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......rein through their cultivators and bargadars openly, peaceably, and to the knowledge of all persons including the principal defendants and their predecessors‑in‑interest and of independent right, free from all encumbrances for more than 17 years and by adverse possession too. 4. Further case ......hatoon and others....................Respondent Judgment June 17, 1993. Lawyers Involved: SM Monir, Advocate ‑ For the Appellants. BK Das, Advocate ‑ For Respondent No.1. Appeal from Original Decree No.43 of 1979. Judgment Kazi Ebadul Hoque J.- This appeal at the instance......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......ection Commission's inherent power under the provision of superintendence, control and direction' should be construed to mean power to supplement the Statutory rules with the sole purpose of ensuring free and fair elections". So, he submits that as Rule 29 of the Union Parishad (Election) Rules, 198......turbance in its running by the presiding officer. 6. Dr. Rafiqur Rahman, the learned Advocate contends that in the instant case there is no such report of disturbance, obstruction and interruption from the Presiding Officer or from the Returning Officer to the Election Commission which may warran......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......yment of octroi duty on the goods imported within the Mandi and the Mandi shall remain immune from payment of octroi duty forever and on 2.3.84 by resolution it took a decision that Mandi will remain free from octroi duty according to proclamation relating to sale of plots which was confirmed by the......elevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. sometime in 1942-43 for setting up a factory for manufacturing of drums got lease of 12.50 acres of land from the then Ministry of Defence and set up a factory on the lease‑hold land and subsequently sol......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
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