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Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......˜Ka’ schedule i.e. 4.61 acres of land were possessed by the previous tenants and after their death, their heirs while in possession and during riot of 1948 it was not possible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land ......d to this defendant. After auction, they resides to their respective relative' houses and during liberation, in the middle of 1971, while they left for India, on the way they were killed by Pakistani Army. The "benamder dalil/deed" was executed on 25-2-1969 and it was registered on 15-3-1969 as deed..

Category: Property Law | Date: | Hits: 83

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....cumstances of the case with a practical, pragmatic and reasonable approach in appreciation of evidence let in to drive home guilt of accused person…………...………(26) It is always to be remembered that justice delivery system cannot be carried away by heinous nature of crime or by grueso......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....f 2008) substituting Article 12(1) in the following manner: "12. (1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution: Provided that a person shall be disqua......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....ury as the sole arbitrator, the defendant Board did not consent to the appointment of Mr. Justice Chowdhury as the arbitrator of the case and, in its turn, appointed Mr. GHA Islam Jaigirdar, a former member of the Board as its arbitrator, following which Mr. GHA Islam Jaigirder sent due notice to th......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......, 4 BLC 195; Md. Abdur Rahira Vs. Sree Sree Gredhari Jeo, 27 DLR 72; ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 48 DLR (AD) 141; Ram Chandra Arya Vs. Man Singh, AIR 1968 (SC) 954; Province of East Pakistan Vs. Haji Muslimullah, 20 DLR 262; Wali Vs. Manish Ali, 17 DLR (SC) 536; Master Abdul Aziz V...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......umerated in section 5. Mr. Nurullah submits that such type of provisions as contained in section 5 of the Family Courts Ordinance is not a new concept in the sub-continent. These may be found in West Pakistan Family Courts Ordinance, 1964. He submits that the provision of section 5 of our Family Cou...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....er, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." 36. It is, also to be well remembered that exaggerated devotion to the Rule of Benefit of doubt must not nurture fanciful doubts ......the act done by other accused persons. Leading case on section 34 of Penal Code is Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1. The authority speaks of "Participation in action". Supreme Court of Pakistan in Hassan Vs. State, 1969 Criminal Law Journal, 1007 held that mere presence of accused is ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......Md. Ismail and another Vs. Crown reported in 6 DLR 152 involved prosecution of offences under sections 116 and 161 of the Penal Code, and a Division Bench of the High Court of the then East Pakistan relying on a decision of the Privy Council reported in 52 CWN 567 held, that in that c......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....hat the said examination was held in fair and proper manner and no illegality or irreg6larity or any unfair means were adopted. The council further stated in their resolution that almost all the members of the teacher’s council were invigilators of the said examination and they conducted the ......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......awful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his only son Md. Ashraf Hossain, during hi......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......heirs. It further appears from the cer­tified copy of the decree Exhibit-3 that the plaintiffs filed Other Suit No.141 of 67 before the Court of 3rd Munsif, Bogra against the then Government of East Pakistan for permanent injunction restraining the defendants of that suit from disturbing their peac......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..

Category: Procedural Law | Date: | Hits: 111

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....nistry of Health and Family Welfare by letter communicated under Memo No. সà§à¦¬à¦¾à¦ªà¦•ম/পà§à¦°à¦¶à¦¾à¦¸à¦¨-à§§/à¦à¦¡à¦¿/বিবিধ-à§§/২০১০/1219 dated 5-7-2010 formed a three member Enquiry Committee for holding enquiry over the matter. The convener of the said committee was......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ountry for India before 1965 without dispos­ing of the suit property to any body in any manner and thereafter the suit property has been declared as vested property under the provision of Defence of Pakistan Ordinance, 1965 and Rules made thereunder and accord­ingly the Government enlisted the sai......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(34) Cases Referred to- Habibullah Khan Vs. Shah Azharuddin, 3 BLD (AD) 1423; R Vs. Secretary of State for the Home Department, 1984 1 All, Er 799; Faridsons Ltd. Vs. Pakistan, 1960 3 DLR (SC) 233; Ridge Vs. Baldwin, 1964 AC 40. Lawyers Involved: Khurshid Alam ......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....ment. 19. It has been found from the evidence on record that the Secretary of the Committee had removed the temple in which those were installed and installed those in his private house, where the member of the Hindu community appears to have no excess and thus, the worshippers are depriving in g...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......e 36 of the Bangladesh Constitution and as such the same is enforceable by the Courts of the country……………………………(11) Cases Referred to- Abul A Ala Mouddi Vs. State Bank of Pakistan, 22 DLR (WP) 20 (1970) page 57; 2 BLC (AD) (1997) page 157; 44 DLR (1992) page 398; Rafique......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....arge of recovery of illegal arms and ammunition prosecution examined 7 witnesses while the defence examined none. Let us scrutinize the testimony of P.Ws. 12. P.W.1 S.I. Kamruzzaman Talukder was a member of raiding party and the police force caught absconding accused Mirza alias Mizan from behind......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......cessary signatures for obtaining income tax clearance certificate. In the meantime, the then Sub-Divisional Officer, Hobigonj issued a notice for acquisition of the suit property under the Defence of Pakistan Rules and evicted the plaintiff and the opposite party No. 1 there from. Plaintiff and Sami...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......t by law…………………(30) Cases Referred to- Surat Sardar Vs. Afzal Hossain, 49 DLR (AD) 99; Arfan Ali Sheikh Vs. Ead Ali Talukdar, 14 DLR 791; Shaha Md. Elias Shah Vs. Province of East Pakistan, 17 DLR 277; Jalil Ahmed Vs. Province of East Pakistan, 19 DLR 106; Vidyavaruthi Vs. Balusa......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114