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Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. 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:61 DLR (HCD) (2009) 42. ...... (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of viol......he Courts below stand maintained. 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:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......passed by the
learned Senior Assistant Judge, Gobindagonj, Gaibandha in Miscellaneous Case
No.46 of 2000 (Pre-emption) should not be set aside.
2. The opposite
party No.1 filed a preemption case under Section 24 of the Non-Agricultural
Tenancy Act being Miscellaneous Case No.46 of 2000 ......case under Section 24 of the Non-Agricultural
Tenancy Act being Miscellaneous Case No.46 of 2000 in the Court of Senior
Assistant Judge, Gobindaganj, Gaibandha alleging, inter alia, that the suit land originally belonged to Mojibor and
Mofizar. That in the year 1985 the opposite party Nos.2-4 w..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......profession and practice and, as such, the Institute of Planners has sufficient interest to see and ensure that qualified persons are being appointed by the Government to work as planners. Further case of the petitioner; that the petitioner filed instant writ petition as a 'public interest litiga......duces about 30 graduates. The profession of Urban and Regional Planning has grown in the recent years to encompass all aspects of the systematic development of human settlements, including the use of land, protection of the environment, economic productivity and the future allocation of physical and..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......xamined 3(three) witnesses and both the parties filed series of documents to prove their respective claims. 6. The Trial Court on consideration of the evidence and circumstances of the case dismissed the suit by impugned judgment and decree dated 05.09.2000 (decree signed on 14.0......Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord.......................(37) Cases Referred to- Chand Miah Sawdagar Vs. AMA R..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......opy of the judgment. In addition, if an appeal is filed under section 410 of the Cr PC beyond the period of limitation, the accused can avail of the benefit of section 5 of the Limitation Act. But in case of an appeal filed under section 14 of the Ain, no such benefit can be availed of by the accuse...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......hich was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur) renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 BS corresponding to 13-2-81 deceased Meher Ali went to ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......ch was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur), renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 B.S. corresponding to 13.2.81 deceased Meher Ali went t......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......it land on 5.3.1999 but they could not succeed. 4. Thereafter the plaintiffs filed a Title Suit No.55 of 1999 in the Court of Assistant Judge, 2nd Court, Narayanganj and defendants appeared in the case by filing written statements stating, inter alia, that the defendants got the decree of the sui......nd not binding upon the plaintiffs-opposite parties. 3. The plaintiffs suit in short is that the suit property under the Mouza Bhaigor, C.S. Khatian No.392, C.S. Dag No.752, measuring .27 acres of land which originally belongs to Afsin and Babar Ali and the suit property by amicably partition got..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, 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: 21 BLT (AD) (2013)11.......ate and another………………………………...........Respondents Judgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petiti......ng Account No.5721 in Agrani Bank, Daulatpur Branch and sent Tk.5,80,000.00 and also Tk.3,50,000.00 i.e. the money received from house rent, to the accused petitioner. The accused petitioner sold the landed property of the complainant purchased in the name of the accused petitioner at a cost of Tk.1..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......w, dispose of them by this judgment and order. 2. The questions of law referred to this Division for determination are as follows: (1) Whether, on, the facts and in the circumstances of the case, the Taxes Appellate Tribunal was legally justified in upholding the order of the Commissioner ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......ally to construct residential huts on the said gifted land and the defendant No.1 and 2 got the said .10 decimals of land by way of deed on 28.1.03. The contesting defendants denied the plaintiffs case of acquisition of title by the kabalas and also their possession and subsequent dispossession f......instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the defendants therefrom and for a further d..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... Burden of proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of pro......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......l right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular case to be competent to be the guardian of such minor...............................(20) Custody ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ...... plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every profligate defendant to render t......oint possession into separate possession and the suit does not cease to be one for partition, merely because the defendants denies the title of the plaintiff to a share of the estate or to specific land of the estate and asserts a hostile title and adverse possession therein as in the present cas..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......on 5-8-1997 under Order VII, rule 14(1) of the Code of Civil Procedure (the Code) for a direction upon the plaintiffs to produce the documents which they relied upon in the plaint in support of their case. The learned Subordinate Judge by his order of the same date (5-8-1997) allowed the said prayer......r disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dhaka for declaration of title to the suit land. 3. The petitioners who are defendant Nos. 1 and 2 appeared in the suit and filed an appli..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......supply, wholesale, stevedoring, readymade garments, bricks, etc. He won 22-11-98 submitted his income tax return for the assessment year 1998-99 in question claiming a loss of Taka 10, 24,920. The case was fixed for hearing on several dates pursuant to notice under section 79 and 83(2) of the In......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......, 2008. Result: The Rule is made absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and materials must coexist with the order of det......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
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