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Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ...... other Sessions Division. 2. The relevant facts giving rise to the issuance of the Rule are that the opposite party No. 2 Md. Meshab Uddin Kayes, being complainant, filed above mentioned complaint case before the Magistrate First, Class, Magura on 30-12-2001, under sections 500, 501 and 502 of th..

Category: Criminal Law | Date: | Hits: 100

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ooms in the first floor erected upon about 12 decimals out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korf..

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46......., 2128 of 2000 and 3012, 1390 of 2002. Judgment Md. Joynul Abedin J.- These 9 Rules Nisi were issued against the impugned decisions passed by the First Labour Court, Dhaka in 9 different labour cases treating the respondent No. 2 in all the writ petitions appointed against temporary posts/ pos..

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......8 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub-Inspector Md. Obaidur Rahman along wi..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......r one month more. Both the appeals arose out of same judgment and order of conviction and sentence are taken up together for hearing and are being disposed of by this judgment. 2. The prosecution case, in short, is that on the night following 27-2-1984 at about 3.00 AM the appellant in his hut a..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......fore, find merit in the argument of Mr. Md. Sadullah that the impugned order allegedly altering the Provision of Article 24(10) and 25(4) of the Import Policy Order 2003-2006 cannot be applied in the case of petitioner's import and accordingly, all the Rules deserve consideration. 20. In the res..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......1.10 of the Licence Agreement provides that effective date as the date of issuance of the Operator Licence which will be issued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons at..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....ourt Division held, "If an executive or a legislative act is found to be an arbitrary act adversely affecting a person it must be held that such arbitrary act adversely affecting a person hits at the root of the equality clause." 13. It thus appears to be well settled that Article 14 of the India...... Gandhi vs. Union of India, AIR 1978 (SC) 597, DS Nakara vs. Union of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India AIR 1978 (SC) 597, Aftabuddin vs. Bangladesh, 48 DLR 1, Abul Hosain's case, 41 DLR (AD) 30, Southern Railway Company vs. Greane, 216 US, 400 Day, Shrimoti Indira Gandhi v..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......find that the petitioner did not participate in the auction held on 13-4-2005 as he did not drop his tender documents quoting any amount as price for taking lease of the said Cattle Hat. Petitioner's case is that he made a deposit of Taka 4,50,000 (taka four lac fifty thousand) being 20% of the inte..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ......ner and his co-owners filed Title Execution Case No.5 of 1984 and ultimately, obtained possession of the land on 8-3-1984 through Court by executing the decree. After conclusion of the said execution case the mother of the petitioner died leaving behind the petitioner and his three brothers and of t..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......le under the provisions of section 10 (2)(X) of the Income Tax Act, 1922. 4. Mr. MA Rahim Bhuiyan, the Assistant Attorney-General appearing for the department applicant submits that in the instant case the assessee company paid bonus to its employees to the tune of Taka 9,99,541 inspite of the fa..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......Police Station, District Dinajpur in Other Class Suit No.3 of 1984 dismissing the suit for default and order dated 1993 refusing to vacate the impugned order dated 13-6-1993. 2. The petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the c..

Category: Procedural Law | Date: | Hits: 106

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......cree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of the plaintiff, appellant, in short, is that he was born at village Dasani, within the PS Bag..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......firming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419 of 1975 on 26-6-1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not dispute..

Category: Property Law | Date: | Hits: 85

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......Divisional Commissioner, Chittagong who heard the said appeal by the impugned order dated 21-6-99 set aside the order of the Deputy Commissioner dated 24-2-97 in Civil Suit No.17 of 1995 and sent the case record to the Deputy Commissioner. 5. Being aggrieved by said order, petitioners moved this ..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......ty, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the plaintiffs has not been affected by the so-called certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the auction purchase made by the defendant No.1 and other defendants, they..

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of inviting enmity with them and even for safety of their lives. In Arms case generally Police personnels stand in witness box. This reality cannot be overlooked. Testimonie..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......tas Gas to restore connection to the plant within 15 days by the impugned order. 8. Mr. Mainul Hosein, learned Senior Counsel for the petitioner, submits that in the facts and circumstances of the case, the order of mandatory injunction is wholly misconceived, particularly in the absence of any s..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ncing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suffer imprisonment for life by the said judgment. The prosecution case, in short, is that on 1-7-1979 at 8-00 PM the informant Nazrul Islam was in his photo studio Ch..

Category: Criminal Law | Date: | Hits: 35

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......ant No.1 from 3rd Court of Additional Assistant Judge at Dhaka in Title Suit No. 51 of 1997 and also for declaration that those are not operative against and binding upon the plaintiffs. 3. Plaint case, in short, is that after successive transactions, the suit land measuring about 96 decimals of ..

Category: Property Law | Date: | Hits: 75