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Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....1983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded the said house property from the list of abandoned properties and inti......tition No. 3127 of 1997 with Petition No. 3128 of 1997. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned judgment and orders dated 13-21996 and 12-11-1995 vide Annexure-B of the Writ Petition passed by the respondent..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....der XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Memb......e Opposite Parties. Civil Revision No. 443 of 2006. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 26-1-2006 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneo..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ite Party No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002 passed by the learned District Judge, Naogaon in Miscellaneous Appeal No. 67 o..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....r the cost of capital asset and any capital expenditure. While sub-section (7) of section 32 however, exempts tax from capital gain, where capital gain arises from the transfer of capital asset being Government securities and stocks and shares of public companies listed with a stock exchange in Bang......or the Respondent. Reference Application No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed b..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-respondents is directed against the judgment and order dated 6-1-2000 passed by the learned Additional District Judge, Bhola in Title Appeal No. 59 o..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....For the Petitioners (In all Writ Petitions). Md. Mafizur Rahman Mazumder, Deputy Attorney-General with Nahid Mahtab, Assistant Attorney-General with Nahid Sultana, Assistant Attorney-General—For Government (In all Writ Petitions). Akbar Ameen Babul, Advocate—For Respondent No. 3 (In Writ P...... of Judge of the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......nnexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. Bangladesh Water Development Board (Emp..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....est on the outstanding dues beginning from 13-12-71 upto the period during which the suit was lying pending considering the "very special circumstances" that the company did not get anything from the Government either by way of compensation or returning equivalent quantity of Jute stocks, which the ......ed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under th..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....titutes an offence under section 25 A of the Special Powers Act, 1974. For the convenience of understanding the section 25A reads as here under: "25A. Penalty for counterfeiting currency notes and Government stamps.- Whoever— (a) Counterfeits, or knowingly performs any part of the proce......o be suspicious and tries to get rid of it, he cannot be held guilty under section25A of the Special Powers Act, 1974. ……………………………(31) It is well settled that an accused, in order to be found guilty under section 25A of the Special Powers Act, must have mens rea or guilty m..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... Sarker, Advocates—For Respondent No. 2. Trade Mark Appeal No. 24 of 2002. Judgment Md. Awlad Ali J.- This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......e case found against the accuseds, charge sheet was submitted on 21-5-2005 against the accused petitioners and co-accuseds. Thereafter the case was sent to Additional District Magistrate and from the order sheet it appears that the learned Magistrate received the first information report and it also..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....The defendant Nos. 3 and 48 contested the suit by filing separate written statement denying all the material allegations made in the plaint; that the defendant No. 3 claims that the suit land was the Government Khas land, thereby he along with others took settlement of the suit land; that the defend......Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....ing with the disputed one to find out whether the two agree with each other, and the prudent course is to obtain the opinion and assistance of an expert." Our Appellate Division in the case of Government of Bangladesh vs. AKM Saiful Alam and others, 9 MLR (AD) 201 = 56 DLR (AD) 41 took the si...... Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a procee..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......r Respondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case N..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......d dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dismissing Civ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......sed petitioner moved this Court and obtained this Rule. Although the accused petitioner had a remedy under section 439A of the Code of Criminal Procedure before the learned Sessions Judge against the order rejecting the application filed under section 241A of the Code of Criminal Procedure, but Dr. ..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....onohor Ali and others, 2003 BLD (AD) 51 = 8 BLC (AD) 87 = 8 MLR (AD) 113; Bangladesh and others vs. Mizanur Rahman, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of Bangladesh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR......ated legislation. At the time, he submitted, section 30A of the Act was not yet added. 12. We have perused the records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read the relevant provision..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....lute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Fa......l to accept his joining illegal and for directing the respondents to allow him to join in the appointed post and accept his joining report. Initially, the Court did not issue any Rule Nisi but by its order dated 18-7-2005 directed respondent Nos. 2 and 3, namely, the Vice-Chancellor and the Regist..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... Judgment Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-95 passed by Additional District Judge, 7th Court at Dhaka in Miscellaneous Appeal ..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... Rokanuddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J.- This Rule is directed against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandh..Category: Procedural Law | Date: | Hits: 67
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