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Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... constituted under the President's Order No.13 of 1972. 2. The petitioner in his petition has stated that he entered into an agreement of purchase with one Madhusudhan Basak, son of late Kalchand Basak of the premises situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of ho......follows then is no rule, no power one pre-supposing the other". "There being no rule, the proceedings started against M. Noman were held to be bad in law and of no legal effect. It is to be noted here that the case of Noman, is a case between the Master and a Servant and the conditions of ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....Dacca 272; Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and others, C.A. No. 24. D of 1969;Kazi Shumsuddin Ahmed Vs. Mst Nurtn Nehar, 21 DLR (Dac) 41; Banduru Battuya and others Vs. Guddutn Chandrayya and others, AIR 1948 Madras 526; Bhabi Dutt Vs. Ramalalbyamal, AIR 1934 Rangoon 303;......gree with the view expressed by Mr. Justice Mitter in the High Court that ''the right conferred by section 53A is a right available only to the defendant to protect his possession". They note that this was also the view of their late distinguished colleague. Sir Dinshah Mullah, as state..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....y made with respect to the evidence of PW 7 also applies to the testimony of this witness. Moreover, it is apparent from his evidence that there was enmity between the deceased and his men on the one hand and the accused party on the other. 12. Although PWs 5, 6, 10, 11 and 12 claimed to ......timony of Israk PW 1, Mabarak Ali PW 5, Rais Ali alias Mayna Mia PW 6, Mayna Bibi PW 10, Rahima Khatun PW 11 and Iskandar Ali PW 12 who are said to be the eyewitnesses of occurrence. We may, however, note that the death of Askandar Ali was not challenged in the trial. Similarly, the death of Askanda..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....ppears that a case is pending before the authority under Rule 30 of the State Acquisition and Tenancy Rules which is also admitted by respondent No. 9 as well as by the respondent No. 4. On the other hand the respondent No. 3 in his report stated that 'no restriction or embargo has been made/imp......ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
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Category: Property Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....013) 58. ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....P.W.2 mechanically disallowed the Misc. Case under Order 41 Rule 19 of the Code of Civil Procedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. ...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....t Government, Jute Trading in Bangladesh has been taken over by the public sector and as such the Jute Press in question might be required by the Respondents in the public interest. We do not see any handicap, legal or otherwise, on the part of the Government to take appropriate steps in that regard...... Acting President's Order No.1, of 1972 wherein the Acting President's Order of 26.12.71 was specifically repealed and all notifications issued there-under were specifically saved. As we have noted earlier, by President's Order No.16 of 1972 issued on 28. 2. 72, a more elaborate law was ..Category: Abandoned Properties Law | Date: | Hits: 7
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....a result of which his intestine came out and he died on the spot. Majibor also caused injuries on the persons of P.W.s 3 to 5 by dao‑blows and caused hurt on the forehead of P.W. 6 by striking with handle of a spade. While the condemned prisoner was fleeing away towards north, Akkas Ali, Dulal Mon......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
.... in transferring the instant Title Suit under section 24 of the said Code has seriously committed an error of law and therefore the impugned order is liable to be set-aside. 7. On the other hand, Mr. Akbar Amin Babul, the learned Advocate appearing for the opposite party-bank support......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ..Category: Banking Law, Civil Law | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....nkata Ramanaja vs. Telikecheraia Kandalal, 97 1C 785; Sheonandan Singh & others Vs. Jeonandan Das, 13 CWN 71;Chennupatti Vs. Nellurai Narayanaswami, AIR 1954 Mad 215. Lawyers Involved: Khandker Mahbubddin Ahmed with S.M.N. Alam and Md. Shafiqur Rahman, Advocates-For the Appellant. ......f Tk. 2000/- from the person of the appellant is concerned the evidence of the P.Ws. are not only discrepant and contradictory as to the amount, place of recovery and the denomination of the currency notes but their evidence is falsified by that of P.Ws. 4 and 5 who were not in the trap party. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
....pt her in confinement and thereafter plaintiff's sons and daughters filed this false suit in her name against her will. The LTI appearing in the plaint and in vokalatnama are not products, of the hand of deceased plaintiff. Defendant No.1 also denied the allegation of fraud and collusion in the ......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
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Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... upon the detenu. This order is under challenge in this Writ Petition. 3. Detenu Khalequzzaman, it is stated in the petition, took active part in the iteration war. He was the President of JSD, Chandpur, Comilla. In 1973 he contested in the general election and he was a vocal critic of the then......e effect of order until 10.4.77 narrating the same satisfaction of the Addl. District Magistrate, Dacca. Then on 11.4.77 the Government had passed the order i.e. Annexure-C. It will be interesting to note that the delegatee that means the Addl. District Magistrate had exercised the power under rule ..Category: Criminal Law | Date: | Hits: 1
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....ected. Therefore, dryness certificate (discharged of cargo from the ship) he issues and if the cargo is found short as per shore tanks survey then the carrier is not liable for the same. On the other hand defendants examined no witnesses. 5. The trial Court after considering the issues, depositi...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....Commissionerate, Sylhet issued a notice claiming demand for the period of July, 2006 charging 15% VAT on the service rendered by the petitioner in the business of hotel and restaurant. On the other hand, petitioner's case is that its industry is a tourism industry and it is not liable to pay 15% V......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....tances of the case and, as such, the impugned Judgment is liable to be quashed for secure ends of justice. 12. Mrs. Rona Naharin, the learned Assistant Attorney-General for the State, on the other hand, submits that the learned Judge, Special Tribunal No.3, Chittagong was justified in convicting ......ence as well as documentary evidence in the case and erred in convicting and sentencing the petitioner on such misreading and misapplication of evidence; that the learned Tribunal erred in failing to note the contradictions in the depositions made by the P.Ws.; that the learned Court failed to app..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....8. By filing affidavit-in-opposition on behalf of the respondents Mr. SM Moniruzzaman, the learned Deputy Attorney-General and Mr. Pratikar Chakma. the learned Assistant Attorney-General on the other hand, opposes the Rule contending that indenting firm (Indenting Sangstha) has been defined in the S......rvice rendered by the petitioners is absolutely given to the foreign countries i.e. abroad and the service is an export within the meaning of section 2(La) that defines export (export) and further connotes section 2(Kha) under the heading “শূন্য কর যোগ্য সেবা”. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....e set aside. According to the plaintiffs, the suit land is not liable to be acquired by the Government as compensation assessment roll in respect of the suit has not yet been prepared. On the other hand, the Government contested the suit contending, inter alia, that the Government has acquired the......nal publication of compensation assessment roil. 7. In the present case whole question is whether hat in question has been legally acquired or vested in the Government or not. In view of the above noted decisions it can easily be said that the hat in question has vested in the Government after fi..Category: Property Law | Date: | Hits: 19
....on was made without taking into consideration the impact of use of excavator on the ecology.
14. Mr. Rokanuddin Mahmud, learned Advocate appearing on behalf of added Respondent No.12, on the other hand, submits that for implementation of ADP, extraction of stones by excavators machine is of param......opment Programme (ADP) the embargo imposed in the extraction of stones by mechanized method should be withdrawn by the Ministry of Environment and Department of Environment.
29. It is important to note that development and protection of the environment are not enemies. If without degrading the en..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....t for partition and as such the impugned judgment and order dated 02.06.2004 is liable to be set aside. 8. Mr. Mahmudul Haque, the learned Advocate appearing for the opposite parties, on the other hand, submits that Yunus Miah and Abeda Khatun purchased the suit property from the original owner S......e event of discharging the Rule an observation may be given by this Court that if any transfer is made by the opposite party during the pendency of the suit, she would do so at her own peril. We have noted this submission. On this point, law is very clear. Section 52 of the Transfer of Property Act ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
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