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.... clearly
claiming that all the S.A. recorded owners namely, Nipendra Nath Basak,
Nagendra Nath Basak, Digendra Nath Basak and Bhupendra Nath Basak, all sons of
Priaya Nath Basak left for India sometimes in 1965 and the suit property became
enemy and vested property. It is not denied that in the ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....d the Chief Engineer to stay the payments against such projects under serial No.9-36 and to allow those money in the sub-project Nos.1 to 8. 4. It is further stated in the petition that in the meantime by an order dated 19.11.2002 (Annexure-J) the Ministry of Communication, released the first ins......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....es of nominal value of Taka 60,000 in his or her own name and in terms of Article 44(a) the office of a director shall be vacated, if any, director fails to obtain the qualification shares within the time, as specified under section 97(1) of the Companies Act, 1994 or at any time any such director c......appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under section 233 of the Companies Act, 1994, seeking, amongst others, appointment of auditors to audit the accounts of the company, since its inception, directions upon t..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... On 11.06.1989 when Mr. Abdur Rouf was in charge of the examination centre there was some trouble in which the Upazilla Nirbahi Officer, Mr. Babul Mazumder was assaulted by some miscreants. At that time the respondent was in his office doing his normal duties. When he heard hue and cry from the ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....gments and decrees of the Courts below and the evidence adduced by the parties, submits that both the Courts below did not comply with the directives given by the learned first Appellate Court at the time of remanding the Title Suit No.91 of 1977 back for re‑trial on specific direction to find out......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....ement by the original landlord. Section 20(2a) of the State Acquisition and Tenancy Act speaks as under: Section 20(2a).— Notwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any Court lands of......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... Such form of lease is not germane to the concept and proposition as to lease recognised under the law. A lease of immovable property is a transfer of a right to enjoy such property, made for certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of mone...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... In the light of the above, we do not find any substance in this Rule. 22. In the result, the Rule is discharged without any order as to costs. The interim order passed by this Court at the time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Report......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... fields of the informant armed with dangerous weapons like fala, chhora, lathi, ram‑dao, etc and pushed their cattle heads in the said field in order to damage the sugarcane field; at that point of time the nephew (Bhagina) of the informant Asmat Ali attempted to resist those cattles from entering......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary aff..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....elevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....ferred by the plaintiff-petitioner as appellant. Being aggrieved the petitioner brought a Civil Revision application under section 115(1) of the Code of Civil Procedure to this Court which was out of time by 960 days. Hence this Rule. 3. Mr. Abul Kalam Mainuddin, the learned Advocate appearing ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....e Shahidul Islam vide order dated 5‑12‑2004 vacating the stay order, but on 12‑12‑2004 the unsigned order was recalled as the Court had no jurisdiction to deal with the matter at the relevant time Thereafter, the learned honorable Chief Justice has sent the application for vacating the stay ...... already involved in the civil case claiming title and possession, shall get scope to go to the criminal Court to take undue advantage against the rival party and dislodge existing possession through appointment of Receiver. Section 145 CrPC is intended only to provide a quick temporary remedy for p..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....y pleaded not guilty and claimed trial. The evidence of P.Ws. was closed and the case was fixed for examination of, the accused persons under section 342 of the Code of Criminal Procedure. In the meantime the Government issued Memo No. বিবিধ-২১/২০০১ (আইন-১)(সাঃ-à§......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... bainapatra but none of the plaintiffs has deposed in support of their said case, that although plaintiffs, ‘‘karjakarak', PW 1, father of the plaintiff Nos. 1 and 2 deposed that at the time of bainapatra defendant No. 2 (appellant) was present but other PWs have not supported the PW......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....desh, Dhaka lodged the first information report on 8‑1‑2002 with the Ramna Police Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion w......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
.... have been committed unless the licence of the licensee validly cancelled following the proviso of law, unless he is asked to deposit and surrender the possession of the arms within certain specified time and he fails to deposit the arms within that specified time. The petitioner having possess......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....ffidavit-in-opposition has been filed. No one appeared on behalf of the respondents to contest the Rule. 4. However the learned D.A.G. and the learned A.A.G. assisted the Court since required at the time of hearing of the rule. 5. The learned Advocate appearing for the writ petitioner, taking us t......efaulters are prosecuted as per law. Section 8 of the Act provides for inspection of the salt manufacturing factories, sale depots, godown, shops etc. and Rule-9 of the Rules, 1994, speaks about such appointment of inspectors and their working procedures. Section 2(a) of the Act gives the contents o..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....t by filing written statement. They denied the material allegations made in the plaint and contended, inter alia the interest of plaintiffs predecessors extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the def......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....cceed. Accordingly, he had been dismissed from service by initiating a departmental proceeding. As such, the petitioner accused, being Manager of the City Bank branch, Cox's Bazar at the relevant time, committed offence under sections 420/409 of the Penal Code read with section 5(2) of the Preve...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
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