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Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....original owner i.e. petitioner Abdul Jalil filed objection in holding auction upon which the learned District Judge on realising Taka 1,00,000 on the next date on 14-9-1987, by order dated 13-9-1987, postpone the sale subject to payment of balance amount by 10-11-1987. Petitioner Abdul Jalil moved v......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....f trade VAT by Annexure-A was illegal. It has been also mentioned that though the order was passed on 8-11-2003 but the same was sent to the local office of the petitioner at Chittagong by registered post on 21-12-2003. 4. After receiving the Order of the Commissioner (Appeal) the petitioner on 3......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....ganization undertook necessary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served, by registered post, a notice demanding justice dated 2-11-2005 (Annexure-D) upon the respondents demanding immedia......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..

Category: Environmental Law | Date: | Hits: 1019

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ....... Mr. M. Golam Rabbani, the learned Advo­cate appearing on behalf of the eldest son of the Awardee, late Basharatullah submits that the decision of the Appellate Tribunal need be reconsidered as the member has failed to assess a fair and reasonable compensation in accordance with section 8 of the O......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

.... case are that the pe­titioner Eshanul Hoque was appointed as a Proba­tionary Officer of the then Habib Bank by memo No. MAB 2257 dated 25.6.1956 vide Ext.1 Subse­quently, he was confirmed in that post. After libera­tion Habib Bank was merged with Agrani Bank and the petitioner was posted as Man......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....body was stuffed with cotton. It was learnt that in the evening of 30.10.86 her husband's car had reached Aricha Ghat. After holding inquest Shivalaya Police sent the same to the Manikganj morgue for post mortem examination after making necessary seizures. The informant stated further in the F.I.R. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

.... of it from the informant. Police took up the investigation of the case and visited the locality and seized alamats, and prepared an inquest report of the dead body and sent it to Kurigram Morgue for post mortem examination. He also prepared sketch map of the place of occurrence, examined witnesses ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....and he having understood the contents admitted it to be correct. 4. Police took up investigation of the case, pre­pared the inquest report and thereby sent the dead body of Nona to the morgue for post-mortem exami­nation. On receipt of the post-mortem report police submitted charge-sheet agains......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....ce house including the accused Shahjahan Mizi. Then the ASI Md. Ainul Hoque prepared the Inquest Report on the dead body of Rina Begum and sent the dead body to the Chandpur Sadar Hospital morgue for postmortem examination. 4. The informant ASI Md. Ainul Hoque came to know from preliminary enquir......nature was proved and exhibited as exhibit 1/2. In cross-examination he stated that he did not know the deceased Rina Begum before hand. 14. Md. Ali Ashraf was examined as P.W.4 who was an elected member of Algi Union Parishad ward No.3 of Haimchar Police Station. He stated in his examination-in-......al is heard at the instance of the convicted accused-appellant Md. Shahjahan Mizi as jail appeal. 2. The prosecution case, inter alia, is that on 6­-5‑2000 at about 10‑45 AM the Member of the Union Parishad of Haimchar Police Station Md. Anowar Hossain alias Khurshed informed the Officer-in-......heard at the instance of the convicted accused-appellant Md. Shahjahan Mizi as jail appeal. 2. The prosecution case, inter alia, is that on 6­-5‑2000 at about 10‑45 AM the Member of the Union Parishad of Haimchar Police Station Md. Anowar Hossain alias Khurshed informed the Officer-in-­Char..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......dent No.1 is a local authority. 21."Local Authority” is defined in section 3 (28) of the General Clauses Act, 1897 as follows:-"Local authority" shall mean and include a Paura Shava, Zilla Board Union Panchayet, Board of Trus­tees of a port or other authority legally entitled to, or entrusted ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... objection re­futing the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the al­legations in respect of......n Tribunal in Misc. Case No.1 of 1989. 2. The facts are: The petitioner on various al­legations including the allegation of casting of false votes in the Election of Chairman of Rangamati Un­ion Parishad filed Election Tribunal Case No.4 of 1988 before the Election Tribunal, Fatikchari Upazila,..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......f 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law moot­ed is: whether the District Judge, an appellate au­thority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of the Election....... Judgment AM Mahmudur Rahman J. - In this Rule an important question of law moot­ed is: whether the District Judge, an appellate au­thority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of the Election Tribu..

Category: Election Law | Date: | Hits: 192

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......gistration by the Registrar. Al­though section 18 of the Ordinance bars suit or other proceedings in Civil Court against any registered trade union or collective bargaining agent or any Of­ficer or member thereof for that matter but Mr. Nurul Huda, the learned Advocate without referring the said p......instituted by the opposite party No.1 for declaration that the certificate of Registration No.1351 issued in favour of the T.K. Oil Refinery and Vegetable Products (Pvt.) Ltd., Sramik League, a Trade Union of the said Company, the opposite party No.1, was void, illegal, inoperative and also for a di......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ..

Category: Labour and Industrial Law | Date: | Hits: 178

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......by Md. Belayet Hossain, Inspector of District Anti‑Corruption Bureau, with police Station Nesardbad alleging, inter alia, that accused petitioner Amalendu Majumder was the Chairman of Gamudoy Khati Union Parishad and was also Chairman of a project Committee under the village works programme 1984...... Belayet Hossain, Inspector of District Anti‑Corruption Bureau, with police Station Nesardbad alleging, inter alia, that accused petitioner Amalendu Majumder was the Chairman of Gamudoy Khati Union Parishad and was also Chairman of a project Committee under the village works programme 1984‑1985...

Category: Criminal Law | Date: | Hits: 97

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....uding that of P.W.6 and circumstances of the case, the trial Court has found the appellant guilty of the offence of murder under section 302 of the Penal Code. In this connection, we may refer to the post‑mortem report and the evidence of P.W.9 Dr. Md. Akhtar Zaman, who performed the post mortem e......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..

Category: Procedural Law | Date: | Hits: 94

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

.... remained overwhelmingly satisfied that Moksed's account of the facts and circumstances remained corroborated by Badshah. The trial Court also remained satisfied, upon a due consideration also of the post-mortem report as well as testimony of the P.W.14 doctor who carried out Sayeed's autopsy, as we......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....the said Memorandum. Subsequently, another Office Memorandum was issued on 25th September, 1991, modifying the earlier Memorandum. By those two Memoran­dums, provisions for vacancies in the civil posts under the Government of India, were reserved for backward classes. 32. A large number of wr....... As an example, the learned Advocate refers to Article 65(3) of our Constitution and submitted that even in the House of the Nation, the highest legislative body, thirty seats are reserved for women members. After elaborate and detailed arguments on the rights of women and the relevant constitution......pondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. Union of India etc., AIR 1993 SC 477; Fullilove (1980) (65) Law Ed 2d 902) Metro Broadcasting (1990)...... Faustina Pereira and Kowser Ahmed, Advocates‑For the Intervener Ain‑o‑Salish Kendra. Tania Amir with Md. Muniruzzaman and Masuda Rehana Begum, Advocates-For the Intervener Bangladesh Mahila Parishad. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In thi..

Category: Constitutional Law | Date: | Hits: 443

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

.... the principle of 'hear the other side'. It is also silent as to duty to act judicially. From the nature of the subject matter, resolving a doubt, from the nature of wide powers with no provision for post-decisional appeal or revision and from the nature of the right to be affected by the decision I......ed the suit land by a registered sale deed dated 24.11.1960 and thereafter he constructed a two storied building thereon and possessed the same as his residential dwelling house along with his family members; that in the month of January, 1971 he left for performing Hajj leaving his whole family in ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111