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Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... this case was illegal being hit by section 339C of the Code of Criminal Procedure. The contention of the learned Advocate for the appellants was that the trial was not concluded within the statutory period as fixed by section 339C (2) of the Code of Criminal Procedure which runs as follows: &q..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......er requiring him to surrender possession of the property, within seven days of the service of the notice, to the person mentioned in the notice or to show cause against such surrender within the said period and, if he fails to do so, the Deputy Commissioner, the Sub‑divisional Magistrate, or the a..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......prove their case of settlement of the suit land in their favour 40 years before the filing of the suit or that they acquired title in suit land on the basis of adverse possession beyond the statutory period of limitation. As the plaintiffs failed to prove their possession in the suit land their simp..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......ong as Executive Engineer in charge of electric supply, that while at Chittagong he was served with a charge sheet dated 3.9.80 containing thirty‑two charges of which sixteen charges related to the period of his service at Kushtia and remaining sixteen charges related to that at Patuakhali, that h..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ...... 561A of the Code of Criminal Procedure in respect or cases from which appeals are barred by law of limitation. These two Rules are particularly concerned with cases under the Special Powers Act. The period of appeal from a judgment and order under the Special Powers Act, 1974 is 30 days in accordan..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ......Circumstances) (Restoration) Ordinance, 1976 (Ordinance No.XXVIII of 1976). 2. The petitioner filed the case for restoration of land transferred for economic distress. According to section 2(c), period of economic distress means the period commencing between April, 1974 to December, 1974. In th..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......as taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of detention w..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......e accounting year in question cannot be given retrospective effect to cover the accounting year in question. Mr. Rafique‑ul‑Huq submitted that this is not correct as the agreement referred to the period on November 17, 1979. This contention of Mr. Huq finds answer in the finding of the Tribunal ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ...... under Section 395/397 of the Penal Code and sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Tk. 2,000/- each, in default to suffer R.I. for a further period of three months, by a judgment and Order dated 9.5.86, passed by learned Assistant Sessions J..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....0 crore. The said amount was invested by the said Bank in Dialogue Publication Ltd. and it was not a loan. The petitioner has invested more than Taka 5.5 crore as equity to date, far in excess of his stipulated share of Taka 2.63 crore. It is further stated that Dialogue Publication Ltd. had paid th...... to participate in the equity granted overdraft facilities to Taka 13.15 crore including the petitioner sponsors share of Taka 2.63 crore to be repaid in 10 years till 1. 10.98 with a two years grace period. Phasc‑II Dialogue Tower project on the petitioner's family land of 18.76 kathas at 64,..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......63 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petitioner by conveyance deed for a period of 99 years measuring 131 sq. yards and transferring the house (one room) built thereon for a..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
.... mosque or market as in the Gulberg's case in the vacant area as quoted above, the lease agreement executed between the parties, namely the present petitioner Mr. AKM Faruque and the respondents, stipulated in clause No. 3 that the construction to be made on the demised property shall not cover ......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......0. No explanation has been given from the side of the defendant appellant as to why this solenama was not filed before the court nor was any prayer made to the court to record the solenama during the period from 1.3.86 to 31.1.90. This fact alone goes to say that the alleged solenama was not acted u..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ...... 11(2) (2) of the said Rules and that, therefore the order of removal or retirement of the petitioners from service on the basis of the said report of the inquiring officer is of no legal effect. The period between framing of the charge Annexure‑B dated 12.5.88 and the submission of the report of ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... of a number of lease including this Zakigqnj River fishery because as per provision of condition 5 of the auction notice the remaining 50% of the auction money had not been paid within seven days as stipulated and as the approving authority, namely the Divisional Commissioner, Chittagong did not ap...... same Additional Deputy Commissioner (Rev) would be estopped from alleging that the lease was not approved for failure of the petitioner to pay rest of the bid money in time or within seven days' period. The lease deed was executed and the possession of the fishery was delivered and therefore th..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
.... Act and the decisions cited above in that connection. 6. Section 176 of the Contract Act reads as follows: “If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a s......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... for the same consideration of Tk. 900.00 to the vendee or his heirs. Of course there is no clear and express term in the ekrarnama that the vendor cannot alienate the suit‑land at all. It has been stipulated that the vendor shall have a right of repurchase from the vendees at the same considera&s......by the vendees to the vendor according to the ekrarnama, Ext. A, it shall be confined within the vendor and the vendees and their legal heirs at the fixed consideration of Taka 900.00 only within the period of 25 year, and not to any other outsider or 3rd party and again in the case of reconveyance ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......registered by Rakhal Kanti Kar and Jahar Kanti Kar, sons of late Rakesh Chandra Kar, This said Duraram Upadhyaya was in exclusive ownership and possession of the said P‑0. of land for long over the period of limitation. Then he transferred the land to the petitioner for a consideration of Taka 300..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......ty.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Samabaya Samity Limited had been nominated as Chairman of Bangladesh Jatiya Palli Unnayan Samabaya Federation for a period from 1.8.87 to 23.10.88 on 25.9.90. The petitioner received nomination form for the post of C..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......er contained in Memo. No.21 (8) Admn‑9/337 dated 10.6.90 of the National Board of Revenue, the respondent Nos. 4‑11 being Mujibnagar employees were shown as seniors to the petitioner counting the period of their services rendered at Mujibnagar during the war of liberation towards fixing seniorit..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
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