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Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......1st Court, Khulna in Title Suit No. 105 of 1978. 2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land. 3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During h..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......llate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determination: (1) Whether, in the facts and circumstances of the case, the learned Taxes Appellate Tribunal was justified in vacating the appellate order of the lear..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... the cause of maintaining livelihood. The defendant No. l with a view to declare the kabala deed dated 17-5-1982 to be a deed of usufructuary mortgage in view of section 6 of the said Act submitted a case being No. 187 of 1989 before the concerned Rin Salishi Board, Dakope impleading the plaintiff N..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......ity and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits. 2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, applied for the post of..

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......-2001 (Annexure-F to the Writ Petition) passed by the First Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Dhaka in Case No. 2 of 2000 (Kha 36, Second Colon/Mirpur) dismissing the case and thereby refusing to exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......se No. 1/15, Block-D, Mohammad­pur, Dhaka, from the list of the abandoned property and pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the peti­tion are that the House No. 1/15, Block-D, Razia Sultana Road, Mohammadp..

Category: Property Law | Date: | Hits: 33

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ent for 3(three) months under sections 404/420 of the Penal Code, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Prosecution case, in brief, was that accused Md. Nazir Ahmed used to live in the house of informant as tenant. A..

Category: Criminal Law | Date: | Hits: 40

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......ed by the government. The company of the government published notice to distribute SIM Cards to those who won in lottery. It is contended that even if the company is owned by the govern­ment in that case also the action of the respondent No.6 is not amenable to Writ jurisdiction. The petitioners wo..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......Metro Sessions Case No. 984 of 2006 under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Metropolitan Sessions Judge, Chittagong. 2. Sum and substance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from the accuse..

Category: Criminal Law | Date: | Hits: 50

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......Miscellaneous Case No. 2 of 1996 against the petitioner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot N..

Category: Property Law | Date: | Hits: 28

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......were put on trial before the learned Additional Sessions Judge, Mymensingh to face charge under sections 302 and 302/109 of the Penal Code. 3. Mrs. Nur-un-nahar (PW 1) narrated the prosecution case, which is as follows: On the night following 1-9-84 the informant's husband Habibur Rahman and ..

Category: Criminal Law | Date: | Hits: 38

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......ion submitted charge sheet against 22 accused persons including the opposite party No. 1 under different sections inclu­ding section 302 of the Penal Code on 3-12-99. The learned Magistrate sent the case record to the Sessions Judge, Pabna for trial, where Sessions Case No. 20 of 2002 was registere..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......n the First Court of Subordinate Judge, at Chittagong for eviction of defendant Shaherunnessa, arrears and compensation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which wa..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ment of such bank loan if not accounted for then so much of the fund that is used in the repayment of the bank loan and not accounted for may be included as "income from other sources". 23. In the case before us the nature and source of money spent and/or invested was not only ex­plained by the ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......e and possession of the plaintiff in the suit land. The suit was then renumbered as aforesaid Title Suit No. 124 of 2003. By an order dated 2-4-03 RAJUK was added as defendant No. 5. 4. Plaint case, in short, is that the land measuring about 0.6864 acre of plot No. 118 appertaining to CS khat..

Category: Property Law | Date: | Hits: 32

Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)

....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......substance, although we have noticed that both the impugned orders were passed invoking section 11 of the Muslim Marriages and Divorces Registration Act, 1974. In view of such a petition in the case, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby disch..

Category: Civil Law | Date: | Hits: 67

Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......tion Act, 1947 read with sections 109, 168 and 169 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong was illegal and without jurisdiction. 2. The facts of the case, in short, are that respondent Nos. 1 and 2 have challenged the legality of Memo No.7310/অপ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...

Category: Administrative Law | Date: | Hits: 356

Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)

....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......umbered as Title Suit No. 139 of 1999. It appears that the Title Suit No. 139 of 1999 was dismissed for default by order dated 26-4-99. The plaintiff (opposite party No. 1 herein) filed miscellaneous case being Miscellaneous Case No. 40 of 1999 in the said court under Order 9, rule 9 of the Code of ..

Category: Civil Law | Date: | Hits: 69

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

....ed the names of all appellants and non appealing ac­cused persons! P.W. 1 Hossain Ali admits in his evidence that Nabiullah is brother of appellant Sefayet @ Seraj and that Nabiullah eyes were up-rooted before this occurrence and the accused Seraj filed a criminal case in which he is accused. Th......were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in the first infor­mation report may briefly be stated thus. Asgar Ali son of late T..

Category: Criminal Law | Date: | Hits: 30