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....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......ated that he could not recollect the date of death of his father Haji Bilat Ali. It also appears that all the D.Ws are close relation of the defendants, D.W.3 Abdus Salam, who admitted that he is the full brother of the wife of defendant No.3 Fazlur Rahman.
18. Mr. Abul Quasem submits that the de......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
..
Category: Property Law | Date: | Hits: 66
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......spondents. The further case of the respondents is that the Siemens, the defendant respondent of the present appeal made part payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make any further pa......directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts i..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......rt rightly allowed the appeal holding that the disputed deed is a void one. 8. On perusal, it appears, the learned trial Court held that the plaintiff as P.W. 1 deposed in the case and his present age is 40 years, his age at the time of execution of the disputed deed dated 17-2- 1973 was 13 years..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......erefore, according to Mr. Alam, the trial Court has legally exercised his discretion under section 151 CPC. Mr. Alam, the learned Advocate for the opposite party, also focuses his arguments very forcefully saying that after the last amendment of section 115 of CPC only when there is failure of justi...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......e we want the project work to proceed, he said. 7. If we see that the building is obstructing the project, we will fix the problem through consultations with the BGMEA leaders,’ he said. Hopefully, they would realise the problem, he said. 8. The Tk. 1,480 crore project of Rajdhani Unnaya......pril 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Mi..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......s and without issuing co-sharer notices upon the pre-emptor on 28.8.1995 has created this sale deed. The seller Opposite Party Nos.9 and pre-emptor No.2 i.e. predecessor of Opposite Party Nos.1-8 are full brothers. They vide registered deed dated 29.09.1966 and preemptor No.1, the predecessor of Opp......decessor Opposite Party Nos.37 to 41 and Opposite Party Nos.42 and 43 of this revisional application contending inter alia that the seller Opposite Party No.9 in order to collect the cost of the marriage of his daughter proposed to the pre-emptor No.2, his elder brother to purchase this land but it ..Category: Civil Law | Date: | Hits: 192
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......uitting other accused. During investigation the victim Mosammat Rokeya Dil Afroz Munmun was examined under section 22 of the Ain who categorically confessed that she went with accused Arif Khan willfully and was married with him. After submission of the charge-sheet, the record was sent to learn...... Miah J.- This Rule at the instance of Habib Khan was issued calling upon the opposite parties to show cause as to why the victim Mosammat Rokeya Oil Afroz Munmun daughter of Md. Abdul Hossain of village Adharkotha PO and PS Boalmari, District Faridpur at present House No.515, Flat No.14/B, Senpara ..Category: Criminal Law | Date: | Hits: 176
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......s
Judgment
August 5, 2007.
Result:
The rule is made absolute.
A sweeper i.e. one who sweeps or cleans is a worker since the job does not indicate that the job is something of managerial, administrative, supervisory or solely clerical nature………………………………....
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ws: “1) Body was partly decomposed. 2) Bloody discharge from nose. 3) Abrasion mark found on both side of neck. Scalp, brain were congested, lungs, congested. Trachea, Congested stomach full and congested liver, Spleen, Kidney were congested, right chest 3rd rib fractured Trachea ractu...... he was totally innocent. Police arrested him from his house at the instance of Jahingir Hossain. He confessed his guilt out of torture of the police. He was implicated in the instant case out of village conspiracy. 12. In the separate written statement, accused Nur Alam also stated facts similar..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......n any goods entered for exportation, for the reason that the goods required chemical or other test or a further enquiry for purposes of assessment, orthat all the documents or complete documents or full information pertaining to those goods have not been furnished an officer not below the rank of ......the rule are that the petitioner is private limited company incorporated under the Companies Act having its office at Sadar Road, Mohakali, police Station-Tejgaon, Dhaka. The petitioner company is engaged in importing various electronic products including television from various origins. 3. The p..Category: Fiscal/Taxation Law | Date: | Hits: 194
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......ed Advocate has relied upon the case of Babul Chowdhury and others Vs. Reba Rani Saha and others reported in 15 BLD 644. It is submitted that through the defendant 2, one of the Judgment-debtor, is full brother of the present opposite-parties, their deceased father namely Shamsuddin being owner of......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......t in Criminal Revision No.125 of 1968. Yet, again another proceeding under section 145 of the Code of Criminal Procedure was drawn over the same land this time on the application of Harunor Rashid, a full brother or Moslemuddin. 9. Having regard to these facts and circumstances and background of ......osite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers Involved: M. A. Aziz - For the Petitioner. M. A. Sattar - For the Opposit..Category: Criminal Law | Date: | Hits: 88
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......ice for a period equal to half the length of the tenant under section 106 of the Transfer of Property Act. The tenant is also entitled, without prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......thin the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed questio......rating. The petitioner informed the matter to the Bank and asked to shift the goods immediately but the Bank did not shift the goods from the said godown as a result of which the entire goods were damaged due to the devastating flood of 1998. As a custodian of the goods the Bank's duty was to take c..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ...... Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parl......f Health Vs. Parvin Sultana [57 DLR (AD) 111] we find that the question of maintainability of writ petition was not raised or discussed therein as such the petitioner cannot, in any way, take advantage of the said decision. Rather the said question having been specifically raised and decided in th..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......lished by the Ministry of Land Administration and Land Reforms by which the Government acquired the property of the petitioners situated at Mouza Chakuli, JL No.214, Police Station Pallabi, Dhaka (As fully described in paragraph No.9 of the writ petition). 5. In Writ Petition No.4493 of 2005 the ......gality and propriety of the process of requisition and acquisition in LA Case No.90 of 1965-66. So it difficult for us to consider the submission of the learned Advocates in these petitions at this stage. 19. The learned Advocates, appearing for the petitioners in WP No.3210 of 2010, submits that..Category: Property Law | Date: | Hits: 89
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....l Hoque Prodhan. 16. It is significant to mention here that the prosecution firstly stated in the FIR that the deceased Mostafizur Rahman Milu gave loan of taka 10,000/- to one Rabeya Begum who is woman of bad character but she did not repay the loan in due time. When the deceased pressed her to ......ict a person on circumstantial evidence is well established by a series of decision of the Supreme Court. According to that standard the circumstances relied upon in support of the conviction must be fully established and the chain of evidence furnished by those circumstances must be so far complete......irmative of the issue and not upon the party who denies. The party on whom the onus of proof lies must, in order to succeed, prove by the reliable evidence. He cannot, on failure to do so, take advantage of the weakness of defense case. He must succeed by the strength of his own evidence and the cle..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ...... and the Rules there under. There was no violation of the fundamental rights of the petitioner. The property in schedule land bearing BS Dag No.11, Mouza-Bandar, District-Chittagong was acquired in full plot, total area of 7.56 acres by LA Case No.12 of 1996-97 and there was only one semi-pucca bu......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......Taka 2,15,56,000 with the respondent 2, Pubali Bank. The respondent 2 on receipt of the shipping documents advised Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, the full amount was paid. However, the vessel did not arrive with rice and the respondent 2 filed a case......998) 594.
..
Category: Civil Law | Date: | Hits: 119
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....orking in DB Police Comilla, deposed to the effect that on 18-4-2001 while posted in Burichang police station he went on patrol duty under the leadership of P.W.7 SI Billal. At that time they found a woman and two men in a rickshaw in standing position in the western side of the Jurain bridge which ......ment that the other two accused persons namely Jashimuddin and Shahidullah through made accused in present case on the basis of the extra judicial oral confession of the convict-appellants, but after full trial the learned Court below did not put reliance on such version of the prosecution case and,......e trial, is set out below: On 18-4-2001, at about 3-00 PM, P.W.4 Informant Nurjahan left Dhaka by bus for her paternal house at Burichang PS under Comilla District along with her elder son Imran aged about 16 years and daughter Asha Akhter aged 4 years on the advice of her uncle to have a discu..Category: Criminal Law | Date: | Hits: 83
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