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Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....e Court and as such there is no ground of interfering with the impugned judgment and decree under section 115(1) of the Code of Civil Procedure. In the result, the rule is discharged without any order as to the costs. The judg­ment and decree dated 31.3.1994 passed by the District Judge, Ja...... the case of the defendant No.3 (petitioner) is that as Mohini Mohan Chowdhury, the owner of the suit land migrated to India after partition of India, the suit land by operation of land vested to the Government as vested property. 9. The trial Court on consideration of the evidence found the sa..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....d. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of 2004. Judgment Khademul Islam Chowdhury J.-This appeal is directed against an order dated 9.03.2004 passed by the learned Special Tribunal and Sessions Judge, Chapai Nababganj in......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....4 of 1994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......nd others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....y the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on b......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... with T.M. Sakil Hossain, Advocate-For the Opposite Parties.  Civil Revision No.1308 of 2003. Judgment Mir Hashmat Ali J.-In the instant Rule, the petitioner challenged the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No....... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

.... in reference and the Sonali Bank has confirmed the realization of the bill amount relating to the exports, we find merit in the Rule. 11. Accordingly, the Rule is made abso­lute without any order as to costs. The show cause notice dated 29.8.2005 being Nathi No. 5(13)87/Cus-Bond/96/17407, ......nt of Tk.2,14,50,715.00 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the peti­tioner moved with w..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....e remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and why the respondent No.4 should not be directed to pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedic......ka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly c..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....ing the mother custody of her minor daughter..................................(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any per...............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... be an enquiry under Section 21 of the Securities and Exchange Ordinance, 1969 and the Enquiry Report submitted on 31.10.2000 (Annexure-H) by the Enquiry Committee formed by the respondent vide his order dated 27.06.2000 against the petitioner and its former Directors M/s. Khan Mohammed Ekramull......4 para-11 a Divi­sion Bench of this Court discussed the devel­opment of the concerned laws in the follow­ing terms: "Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....g disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show cause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.......ngladesh and others reported in 50 DLR(AD)11, where it has been held that "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unuti..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....Parliament in accordance with the provisions of the Telegraph Act, 1985 and to ensure that the Government receives the revenue from the defaulting Members mentioned above and/or such other or further order or orders passed as to this Court may seem fit and proper. Respondent Nos. 3,4 and 5 are ......esh, 1972, Article 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country a..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....No.2066 of 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the re­spondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause ......ril 18, 2006. Result: The Rule is made abso­lute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of convic­tion dated 15.1.2005 of the Metropolitan Ad­ditional Sessions Judge, 4th Cou......es to com­ply with the direction, such officer may com­pel him to do so by using force. Section 39 deals with the powers of the Director General and other officers as may be authorized by the Government to investigate into the offences under the Act. 13. Under the Act of 1974, a Special..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....are opposite parties in the Civil Revision Petition laid under section 115 of the Code of Civil Procedure (For short The Code). 2. By this Civil Revision Petition an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above sta...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....the state. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, & 4. Criminal Appeal No.4654 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the order dated 05.10.2005 passed by Nari-O-Shihu Nirjatan Daman Tribunal No.2, Dhaka in Nari-O-Shishu C......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Ershadul Vs. State, 2006, 35 CLC (HCD)

.....M. Aminul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment Salma Masud Chowdhury J.-This ap­peal arises against the judgment and order dated 27.7.2005 passed by the Special Tribu­nal Judge No.1, Kurigram in Special Tribunal C......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

Nazim Vs. State, 2006, 35 CLC (HCD)

....arises out of an application under section 5 of Limitation Act of 1986 for condonation of delay of 4968 days in preferring the Criminal Appeal. 2. The appeal is directed against the judgment and order of conviction dated 7-5-1992 passed by the learned Additional District and Sessions Judge, Fir......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ..

Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....ccessful in taking settlement of the suit land by executing a registered deed of lease for 10 years from 1374 to 1385 B.S. After that, the plaintiff paid rent to the Government form 1379-1381 B.S. In order to harass the plain­tiff, defendant Nos.3-15 in the name of 'Darigacha Samabaya Samity......f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

..............Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84