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Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

....over Plot Nos.3 and 4. The High Court sent the case on remand to lower appellate court only to consider whether the plaintiffs have right of way over Plot Nos.1 and 2. 9. Admittedly there was a local investigation in this case and there were 2 reports‑one by pleader commissioner and the othe......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..

Category: Civil Law | Date: | Hits: 147

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

.... the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption after refinement of the same. Respondent No.4 Alhaj Oil Mills Limited is also a li......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....n favour of the plaintiffs on receipt of the balance consideration from the plaintiffs; that on 24.6.78 the defendant Nos.1‑6 tried to take forcible possession of the suit land but with the help of local Matbars the plaintiffs managed to remove them from the suit land. The defendants claimed to ha......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....ssault from a distance of 10 to 12 cubits. Seeing them the accuseds fled away towards the west. They then brought the dead body to the house and on the following morning he lodged the ejahar with the local Police Station. In the first information report P.W.1 Sadir Mia included another person named ...... had caught hold of the victim Abdul Hakim and then accused Abu Hanifa slaughtered him and the other accused assaulted him. Seeing them the accuseds fled away towards west. Then they brought the dead body of Abdul Hakim to their house. It may be stated here that the place wherefrom the deceased irri..

Category: Criminal Law | Date: | Hits: 139

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....e 1.2.1952 and that he never went outside Dhaka even for a single day. He submitted domicile certificate dated 10.5.1963 issued by the Ministry of Home Affairs and a nationality certificate issued by local Ward Chairman of Dhaka Municipal Corporation. He holds Bangladeshi Passport No.E‑137774. He ......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...

Category: Property Law | Date: | Hits: 158

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....dant-petitioners with the mala fide intention and to grab the properties tried to dispossess the plaintiff-opposite parties on 19‑3-­1993 from 9‑00 to 10‑00 AM but with the intervention of the local people the plaintiff opposite parties were saved from dispossession of the suit land. The plai......e party Nos.1‑3 and 6 as his legal heirs and thus the plaintiff-appellant-opposite party Nos.1 to 6 have been owning and possessing the suit land for more than 50 years within the knowledge of everybody including the defendant ­respondents-petitioners and the plaintiff-opposite parties have been ..

Category: Property Law | Date: | Hits: 144

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......pecific order of the Government." 6. This Rule, however, does not provide anything about allotment of abandoned house on lease temporarily to a private person or to an employee of an autonomous body. It concerns the Government servants only. Nowhere it has been stated in the said Rule that a p..

Category: Property Law | Date: | Hits: 160

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....aused. If this is not done legislative intend would be defeated. It has already been pointed out that in the instant case delay was caused due to absence of arrangement for getting paper book printed locally, non­-availability of record and that appointment of D.A.O was delayed. 22. Further fixa......em retreated and that he (Nowsher) jumped into tank and ran and reached pacca road and was caught when arrived near Tayeb All's shop. 4. In the meantime P.W.5 Golam Sheikh and others took the dead body of victim Elias to his house and on hearing the news of murder of Elias. Many neighbors namely ..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....sed. The accused cut half of the right ear of the deceased and left ear from below. The lower portion of two legs were almost separated by the accused during the occurrence. The deceased was taken to local hospital where from he was sent to Dhaka for better treatment, but died on 10‑9‑1991 at 1â......Noor Hossain, accused Ramjan Ali, Habu, Ator Ali, Nurul Islam and Rabi gave 'kirich' blow, accused Shahin and Malu alias Abu gave 'ballam' blow and other accused caused injuries on different parts of body of the deceased. The accused cut half of the right ear of the deceased and left ear from below...

Category: Criminal Law | Date: | Hits: 111

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....re mine) 17. In the landmark decision of AFM Shah Alam Vs. Mujibul Haq, 41 DLR (AD) 68 our Appellate Division with clarity categorized the issues to be followed in the election process (in case of local government election). His Lordship Justice Badrul Haider Chowdhury observed as under: "(1) ......g infructu­ous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..

Category: Election Law | Date: | Hits: 231

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......ssions Judge, 2nd Court, Brahmanbaria is directed to re-call the P.Ws. 2, P.W.3 and P.W.4 and give a chance to the accused persons to re-call and to cross-examine them as per instruction given in the body of the judgment and to dispose of the case within 3 (three) months from the date of receipt of ..

Category: Procedural Law | Date: | Hits: 129

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......sion and that the question of issuance of perpetual injunction against the defendants does not arise. He has held that though the decided principle of law is that the enemy property authority or any­body claiming any interest under it in a por­tion of a property cannot oust a co-sharer in possessi..

Category: Property Law | Date: | Hits: 107

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..

Category: Employment/Service Law | Date: | Hits: 194

ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)

.... (3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary, and may also direct a local inquiry to be made by competent person or persons authorised by it in this behalf. (4) A......gladesh, represented by the Secretary, Ministry of Health and Family Planning of the Government of Bangladesh, while the second respondent is the Chairman of Bangladesh Homeopathic Board, a corporate body constituted under section 3 of the Bangladesh Homeopathic Practitioners Ordinance, 1983 (Ordina..

Category: Others | Date: | Hits: 154

Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)

.... and other witnesses she did not mention the names of some vital witnesses in the FIR and also about the dying declaration Ext. 3 allegedly recorded by the P.W.17 Dr. Nur Mohammad and attested by the local Chairman P.W.13 Moklesur Rahman nor did she mention about vital facts attempted to be proved i......men of the victim and also kicked him. Other accused persons namely Abdul Hakim, Dulal Mia, Abdul Malek alias Manik Mia and Mofizur Rahman had dealt lathi and iron rod blows on different parts of the body of the victim causing swelling injuries. On hearing cries of the victim (26 & 27) witnesses..

Category: Criminal Law | Date: | Hits: 148

Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)

.... Suit No.24 of 1969/44 of 1971 decree­ing the suit in favour of the plaintiff for a sum of Tk.13,650,03/- with costs from defendant Nos.1-4 and 6. Defendant No.1 M/s. Hel­lenic Lines Ltd. and their local agent defendant No.2 M/s. James Finlay & Company Ltd. only have preferred this appeal. ......s or their assigns' against production of the bill of lading. It would defeat this object entirely if the shipping com­pany was at liberty, at its own will and pleasure, to deliver the goods to some-body else, to someone not entitled at all without being liable for the consequences. The clause must..

Category: Business or Commercial Law | Date: | Hits: 463

Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)

....Further it has been alleged that the petitioner submitted a proposal to the Boundary Demarcation Commission for transferring Naithong Mouza from Ruma Upazila to Thanchi Upazila without consulting the local people and without their knowledge. This action on the part of the petitioner was malafide and......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...

Category: Others | Date: | Hits: 171

Ator Ali and others Vs. State, 1989, 18 CLC (HCD)

....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......with a Dao. He also said that Jilani had a rifle while Piar Mia had a pistol with him and in order to disperse them they opened blank fire. They were afraid of the arms and could not recover the dead body of Babor Ali from the accused who carried the dead body towards the river on the east and lifte..

Category: Criminal Law | Date: | Hits: 145

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

.... Some land of Jalma Mouza is still under water of the river and then they were wrongly recorded as plot Nos.83 and 91 of sheet No.1 of Mouza Tetultala in the CS map. Nanibala and other tenure holders locally known as ‘gantidars’ of Jalma mouza brought TS No.5 of 1939 in the Court of Subordinate ......W.10 Tarok Mondal who deposed on behalf of defendant No.21 also supported the case of the government and DWs 1‑6 about the raising of these two chars out of the bed of the river which belonged to nobody. Therefore, there remains no doubt about the fact that immediately after the formation of these..

Category: Property Law | Date: | Hits: 118

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......espondent No.8 namely, The Chairman, Labour Court, Chittagong in I.R.O Case No.79 of 1985 restraining the peti­tioner from selecting any Traffic Inspector through selection committee or by any other body on 06.11.1985 or any other dates on the basis of the resolution 02.10.1985 till disposal of the..

Category: Labour and Industrial Law | Date: | Hits: 204