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Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....les and regulations of the Cantonment Act and, as such, the suit is liable to be dismissed. 4. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying all the material statements made in the plaint. Their case is that the suit is false and fabricated and has been file......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

.... passed by the High Court Division in Writ Petition Nos.4560, 4702, 4618 and 4628 of 2002. 4. Respondent Nos.1-3 entered appearance by filing affidavit-in-opposition controverting all the Material statements made in the Contempt Petition. However, the ease of respondent Nos.1-3 in short, is that ......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......ded equally in SA khatian Nos. 196 and 197 in the name of his father and mother, Exhibit 7 and 7(ka). Similarly, RS khatian Nos. 202 and 225, 7(kha) and 7(ga) were also prepared in the names of his parents. In the RS khatian a road was shown wrongly. Consequently, his father filed two written object..

Category: Property Law | Date: | Hits: 85

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....e anything adverse or suspicious in their demeanour and the judgment was delivered on 23.6.87 and after a lapse of one month at the me of writing the judgment how can the trial judge disbelieve their statements (unchallenged even by the prosecution) just saying without any rhyme and reason that he t......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270......., Sadar, Chittagong in Other Suit No.44 1973. 2. The appellant as plaintiff instituted the aforesaid suit for eviction of the defendant Nos.1-5 from the suit premises and for realization of arrear rents and compensation for unauthorized occupation of the suit premises. The case of the plaintiff, ..

Category: Property Law | Date: | Hits: 66

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....ions Judge has no jurisdiction to direct the Magistrate to take cognizance of an offence against any accused. But in the instant case by the impugned order the learned Sessions Judge, reassessing the statements of the witnesses of the complainant recorded in the judicial enquiry, sent back the case ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..

Category: Criminal Law | Date: | Hits: 81

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....and for that reason it was not possible for the government to give them employment. 5. The stand taken by the learned Deputy Attorney-General is not tenable in view of the fact that this is a mere statements made in the affidavit-in-opposition. But, on the hand, their names for employment in the ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....ted in AIR 1950 (SC) 27. 29. He further submits that Corruption of the Society can not be removed without the Rule of law which has been admitted by the Chairman of Truth Commission in his several statements and as such the preamble as has been stated in the statute is not for the purpose 01 remo......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....e ship with interest and also Taka 1,00,00,000 for business loss and mental sufferings. Defendant Nos. 1 and 2 jointly and defendant Nos. 3 to 4 separately contested the suit by filing two written statements. 7. Defendant Nos. 1 and 2 resisted the claims of the bank by filing a joint written ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....this Court. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of respondent No. 1, filed power. He, however, did not file any affidavit-in-opposition controverting the statements made in the Writ Petition. 7. Mr. ldrisur Rahman, learned Advocate appearing for the p......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......istered deed of sale being No. 2558 dated 9‑5­-51. The name of the plaintiff was finally recorded both in the PS and BS khatians. The plaintiff society all through possessed the land on payment of rents. 10. The plaintiff came to know that notice under section 3 and/or section 6 of the Ordinan..

Category: Property Law | Date: | Hits: 61

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....ooks at least once in each co‑operative year. Section 46 provides the mode of submitting the audit officer's report who shall submit to the Registrar and to the co‑operative society together with statements of accounts audited including a statement containing particulars mentioned in clauses (K)...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......he Articles of Association of the Association. It is further alleged that the sub‑stratum of the Association has broken up and the respondent Association is a big defaulter in respect of payment of rents and a good number of employees and officers of the Association have not yet received any money..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....of the respondent No.1 that the amount of gross pension has to be deducted from the emoluments of the Chief Election Commissioner and other Election Commissioners (Annexure‑5), that in reply to the statements made in paragraph 12 of the petition it is stated that the office of the Chief Accounts O......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....ty No.1, has been contesting the suit by submitting written statement on 19‑8‑1977 (Annexure-A) and other defendant Nos.1, 3, 5, 6 and 7 and defendant Nos.14/21, 23/24 and 26/28 submitted written statements but until now did not appear to contest the suit. The defendant No.30 claimed .50 decimal......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...

Category: Property Law | Date: | Hits: 50

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

.... three basic ingredients, (i) Findings of materials facts, direct and inferential. An inferential find­ing of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts, and (ii......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

.... Specific Performance of a contract. The suit was then on transfer renumbered as Title Suit No. 261 of 1997. Defendant Nos. 1 to 5 jointly and defendant No. 7 alone appeared and filed two separate statements. 3. Then, defendant Nos. 1 and 7 jointly made an application under Order VII rule 11 c......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......e seen, in support of the case of legal necessity, the defendant No.1 has adduced the deed of sale in original, Exhibit A. It is written in the deed that the widow had to sell the land for payment of rents and paying off the debts incurred in the litigation for protecting the land left by her husban..

Category: Property Law | Date: | Hits: 64

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....of the case on the basis of the statement made by victim Mazeda Khatun and duly filled in the first information report form. He investigated the case, visited the place of occurrence and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and, on completion o......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

..... He further submits that no case of dishonesty or fraudulent misappropriation of any public property or otherwise converting for her own use have been disclosed either in the FIR charge sheet or 161 statements of witnesses. 6. The case was started without any prior sanction for lodging the case ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..

Category: Criminal Law | Date: | Hits: 126