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Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Sankar Gopal Chatterjee and Others Vs. The Additional Commissioner, Dhaka Division and Others, (1989) 41 DLR 326; Bangladesh, represented by the Secretary, Ministry of Land Administration Vs. Subash Chandra Das and Others, (1994) 46 DLR (AD) 63. Lawyers Involved: Khondker Mahabubuddin Ahme......lip;………Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Res......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....e time. In support, he cited Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239. 11. Mr. Md. Khorshid Alam Khan, learned advocate on behalf of respondent No.1, Commission on the other hand submitted that after the petitioner submitted the statements of assets of her husband no furthe......ra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Minister of the Government of the People's Republic of Bangladesh. She is a business lady and an individual tax-p...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....until that power is expressly conferred by the parent enactment. In the case of Modi Food Products Ltd. Vs. Commissioner of Sales Tax, AIR 1956 Allahabad 35, similar view was taken. In the case in hand, Service Regulations of Biman being subordinate delegated legislation cannot have retrospectiv......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....as such, the impugned order is liable to be set aside and the plaint be rejected. 5. Mr. Sheikh Muhd. Serajul Islam, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submitted that the cause of action for a suit for partition is continuous, in other words, rec......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....such, the impugned order is liable to be set aside and the plaint be rejected. 5. Mr. Sheikh Muhd. Serajul Islam, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submitted that the cause of action for a suit for partition is continuous, in other words, re......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....the plaintiffs at any time causing irreparable loss and damage to them. The cause of action for the suit arose on 21.10.93 when the defendants along with the bailiff asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing. 4. B......hased land on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter referred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingly; S.A. Khatian being No.197 and R.S. Khatian being No.124......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
.... to have been passed without lawful authority and is of no legal effect. Mr. Rokan Uddin Mahmud to fortify his submission has relied on the decision reported in 49 DLR 531. 7. On the other hand, Mr. M. Saleem Ullah, the learned Advocate appearing for the respondent Nos.1-2, supports the ......, 1990 together with the averments of the plaint, it appears to us the financial assistance as made in the plaint comes within the definition of "FY" as provided in the Artha Rin Adalat Ain. Moreover, it is disclosed from the fact as stated in the plaint that Money Suit No.14 of 2002 is relate......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....= 35 DLR 439 and in the case of Ali Vs. State reported in 1989 BLD 187 in support of his contention. 12. Mr. SM Shahjahan Kabir, the learned Assistant Attorney-General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, cor...... marry Niranjan Karmaker after shifting her at village Budhahata. It is further stated that getting such information, the informant and local commissioner Elias rushed to the village Budhahata and recovered the victim Rina Karmaker from the house of one Abdul Gafur; that they also arrested the accus......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....= 35 DLR 439 and in the case of Ali Vs. State reported in 1989 BLD 187 in support of his contention. 12. Mr. SM Shahjahan Kabir, the learned Assistant Attorney-General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, cor...... marry Niranjan Karmaker after shifting her at village Budhahata. It is further stated that getting such information, the informant and local commissioner Elias rushed to the village Budhahata and recovered the victim Rina Karmaker from the house of one Abdul Gafur; that they also arrested the accus......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
.... under district Dhaka otherwise the defendant-petitioners will suffer unnecessary trouble. 5. Mr. A.K.M. Moniruzzaman, the learned Advocate appearing for the plaintiff-opposite patry, on the other hand, submits that the plaintiff-opposite party at the time of continuing in service as head of the ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....4 sold 3 decimals of land to the
pre-emptor-opposite party No.1 by the registered kabalanama in the year 1992. The pre-emptor is a co-sharer by
purchased in respect of the case land. On the other hand, the
pre-emptee-petitioner is a co-sharer by purchase and the opposite party No.2
sold the fi...... bainanama
which was executed between the opposite party No.2 Biren and the pre-emptee
Rafika Begum on 16.2.1998 as such pre-emptor-opposite party relinquished his
right to file a pre-emption suit over the suit land as because the
pre-emptor-petitioner was very much aware of the sale of the suit......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
.... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......n statement denying the material allegation of the plaint and stating, inter-alia, that the defendant was not a defaulter and that the plaintiff had no bonafide requirement of the suit shop room. Moreover, since the plaintiff had other rooms of the suit holding let out to other tenants, the pla......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....aid company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installments, cheques were handed over to the company well in advance. The petitioner did not repay the loan amount pursua...... Farid Ahmed J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment ...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
.... there has been no trace of him. Subsequently, on 19-2-81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. UD Case No.1 dated 19-2-81 was recorded by one Jotish Chandra Mohonta (P.W. 3). The Police came to the place of occurrence, held inquest and thereafter sen......to 13-2-81 deceased Meher Ali went to Bogra in connection with a case there and returned to Joypurhar and since that time there has been no trace of him. Subsequently, on 19-2-81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. UD Case No.1 dated 19-2-81 was rec......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....here has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent......to 13.2.81 deceased Meher Ali went to Bogra in connection with a case there and returned to Joypurhat and since that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was r......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
.... not being specified is incapable of execution and thus the decree is not sustainable. 9. Mr. A.K.M. Shafiuddin, the learned Advocate appearing on behalf of the opposite parties, on the other hand, supports the decision of the lower appellate court and submits that the courts below concurre...... The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh, 42 DLR 434. Lawyers Involved: H.N. Nond......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....be set aside and a formal order dismissing the suit for non prosecution need be passed. 9. Mr. Abdul Salam, the learned Advocate, appearing for plaintiff-opposite party Nos. 1, 3-8, on the other hand, submitted that the Court had the inherent power to extend time to the plaintiffs to file the d......aintiffs to file the documents which they failed to comply with, the suit was liable to be dismissed for non prosecution under the provisions of Order XI, rule 21 of the Code, but the Court below sat over the application filed by the petitioners under the said provisions of law which has resulted in......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
.... be made within thirty days of completion of the hearing under section 83 (2) but completed before the expiry of the period prescribed by section 94 it would not be barred. 16. In the case at hand, the Appellate Additional Commissioner of Taxes by order dated 28-9-2000 found that the hearin......ed 27-3-2001, that the assessment under section 83(2) of the Ordinance was barred by limitation, can the Appellate Tribunal of Chittagong Bench, Chittagong by its order dated 19-9-2002 without controvert the findings of its past order dated 27-3-2001 and confirm the order of the Appellate Additio......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....rived of his right to submit any effective representation against his detention and explain his position as provided in section 8 of the Act. As such, it is clear that the grounds of detention in hand are serious in nature but at the same time these are vague and unspecific as well as indefin......diction) Present: Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....support of his contention. 11. Mrs. Umme Kulsum Begum, the learned Deputy Attorney-General along with Mr. SM Shahjahan Kabir, the learned Assistant Attorney-General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, c......jpur, who on the basis of the materials available on record framed charge against the accused person Mostafa alias Masta under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and read it over to him in open court to which he pleaded not guilty and demanded trial. 5. The prosecution......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
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