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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......under section 3 of the Members of Parliament (Determination of Dispute) Act, 1980 to the Election Commission vide Annexure-B. Mr. Nabi in this connection referred to and relied on the decision in the case of Mr. Khandker Delwar Hossain, reported in 19 BLD (AD) 276. Mr. Nabi also submits that the con..Category: Constitutional Law | Date: | Hits: 196
....the families residing in the bastis; The survey covered about 50,000 families, Krishi Bank then adopted a scheme for rehabilitation named “Ghore Fera”. The scheme seeks to help rehabilitate the uprooted and distressed families in the place of original abode. Under the scheme, the Krishi Bank pro......d Affidavit in opposition. The petitioner subsequently filed supplementary affidavit.
3. The facts relevant for the purpose of disposal of the Rule are that the petitioner has been residing in the case land for the last 5 years (from the date of swearing affidavit of the writ petition) and she wa..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......artty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree sign..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......ld that previously in respect of the same occurrence several investigations were held and different Investigating Officers submitted different reports. The learned Magistrate also considered that the case was a complicated one and further investigation was necessary. On such a finding, he did not ac..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......ms Act, 1878. He has argued that such kiris and knife are found in the house of almost every citizen and no licence is required for keeping those in possession. In this connection, he referred to the case of Mozammel Hossain Vs. The State as reported in 49 DLR 614 and has argued that though dagger i..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....ound that defendants did not make any endeavor to prove their case on production of witnesses. The decision, reasons and conclusion reached by the appellate judge appear to be well founded on law and rooted in evidencing both oral and documentary backed by materials brought on record and those do no......8. Over the above pleadings the parties fought out the suit. 9. Evidence, both oral and documentary, had been led in support of respective contentions. Plaintiff examined himself in support of his case. Defendants did not produce any witness in support of their case. 10. Learned Senior Assista..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519....... they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on receipt of the bid money from the petitioners.
2. The case of the petitioners, in brief, is that in response to the public notice published on behalf of t..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ress opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not required to prove the case on merits. The disclosures made by the plaintiff and supported by the papers produced by it, in..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... reference applications i.e. in Reference Application Nos.222-223 of 1991 the following common questions have been framed for our decision: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in treating the assessee as a local authority..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......y term of the tender notice was violated in accepting the offer of the respondent No.4 and rejecting the offer of petitioner.
6. Now coming to the point of law raised by the parties we find in the case of Mozaher Sawdagar Vs. M Zahirul Alam 40 DLR (AD) 62. Appellate Division held: “The appellan..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......e country is at peril it is common experience that no one comes to Court to depose against such persons, and if any witness is compelled to come to Court generally he does not support the prosecution case for fear of reprisal at the hands of the illegal armed persons or their accomplices. The appell..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......0 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’ case, in short, is that the suit property belonged to Masudjan and his father in law Nasruddin Chouk..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......luding the 11 petitioners under sections 448/323/302/114/34 of the Penal Code on 30-7-96. It appears all the accused were enlarged on bail by the learned Chief Metropolitan Magistrate. Thereafter the case was sent to the Sessions Judge who took cognizance and registered the same on 4-11-96 as Sessio..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......of the Penal Code and sentencing them thereunder to suffer RI for two years and to pay a fine of Taka 60,000.00 each, in default to suffer RI for a further period of six months. 2. The prosecution case, in short, is that the District Anti-Corruption Officer, Pabna lodged an FIR to the effect that..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
.... connotes defects of diverse kinds not affecting the merit of the case but arising out of some error made in good faith. It is a defect of form prescribed by the rules of procedure, if it goes to the root of the suit, it is not a formal defect. Even when there was no such 'formal defect' the Court i......lly described in the schedule to the plaint. On increase of the valuation, the suit was. On transfer to the aforesaid Court of Subordinate Judge, renumbered as Title Suit No. 82 of 1997. 3. Plaint case, in short, is that the suit land originally belonged to SA recorded tenant Abdur Rashid Matabbo..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......dants, the National Board of Revenue and the Custom Authorities for stopping entry of all consignments of Birla Tyres brand truck and non-truck, LCP and other materials relating thereto. 3. Plaint case, in short, is that defendant No. 3 on 4-7-92 and 1-7-92 appointed the plaintiffs distributors f..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......ate Court failed to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without considering the facts and circumstances of the case and the evidence on record the learned District Judge allowed the appeal just on the basis of m..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... Mirpur PS Case No. 30(2)85 under sections 302/34 of the Peal Code was started which led to the commencement of GR Case No. 496 of 1985 by the Chief Metropolitan Magistrate, Dhaka on 25-2-85 and this case was subsequently transferred to the Special Martial Law Court No. 1. The police submitted charg..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......lusive, illegal, false, void and not binding upon the plaintiff. The suit was then on transfer renumbered Other Suit No. 42 of 1998 in the First Court of Subordinate Judge at Chittagong. 3. Plaint case, in short, is that 'defendant No. 2, partnership firm obtained lease of entire suit property as..Category: Property Law | Date: | Hits: 71
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