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State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....BGMEA by EPB is part of the land which had been transferred by the Railway authorities to EPB. 37. Initially, possession of 6.12 acres of land was conveyed by the Railway to EPB, but finally, by a registered Title deed, dated 17th December 2006, 5.55 acres of land were transferred for a considera......val etc turned out to be of secondary introspection. 47. We did, therefore, direct the Deputy Commissioner (DC), Dhaka to depute an official, familiar with relevant information on the title to the postulated land, to appear before us with all the relevant documents and volumes. In compliance with......in section 3(B)(5) of Act, sufficiently fortified with the power to dismantle an unapproved construction, had received Appellate Divisions endorsement. 113. In RAJUK Vs. A. Rouf Chowdhury 61 DLR (AD) 28, the so-called RANGS Building Case, the Appellate Division undistortedlyvouched that a struct..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....sharer notices upon the pre-emptor on 28.8.1995 has created this sale deed. The seller Opposite Party Nos.9 and pre-emptor No.2 i.e. predecessor of Opposite Party Nos.1-8 are full brothers. They vide registered deed dated 29.09.1966 and preemptor No.1, the predecessor of Opposite Party No.36 vide re......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......…………………….Opposite Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. ..

Category: Civil Law | Date: | Hits: 192

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....r Nos. 1 and 2. Accordingly, the complainant made contact with them and he was assured that they would pay all the dues as the money had been kept with them. At last, on 8-8-06 the complainant sent a registered letter to accused No. 1 demanding the aforesaid money but he did not give any reply. The ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..

Category: Employment/Service Law | Date: | Hits: 238

Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......33 others were appointed as night guards and boatmen in a project of the Bangladesh Forest Research Institute, Chittagong on various dates in 1990, 1993, 1996 and 1997. When the project concluded the posts of the petitioners were transferred to the Revenue Budget vide Memo of the Ministry of Establi........Respondents Judgment January 21, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to-  Government of Bangladesh Vs. Jahangir Alam, 12 BLC (AD) 163. Lawyers Involved:  Manzil Murshid, Advocate — For the Petitioners. Md. Abdu..

Category: Employment/Service Law | Date: | Hits: 216

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....et the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as Nari-o-Shishu Petition Case No.134 of 2010 and thereafter it was renumbered as Nari-o-......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......cedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) Cases Referred to- Khairunnessa Vs. Illy Begum, 1996 BLT (AD) 112; 48 DLR (AD) 67; Bashu Dev Chatterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun..

Category: Criminal Law | Date: | Hits: 176

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....inst the accused persons under sections 147/148/149/447/448/323/324/379/380/114/302 of the Penal Code. 4. The case ultimately came to the Court of the learned Sessions Judge, Kishoregonj which was registered as Sessions case No.23 of 2001 and the learned Sessions Judge transferred the case to the......pt of the FIR, the investigating officer SI Md. Masudur Rahman visited the place of occurrence, prepared the index and sketch map thereof, seized alamats and sent the dead body of Aslam to morgue for post mortem examination after preparing inquest report. He recorded the statements of the witnesses ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....orded in C.S. Khatian and Sarat Chandra died leaving behind two sons Haridas and Krishna Kanto and thereafter Basanta Kumar and his two brothers purchased the share of Krishna Kanto, and Haridas by a registered sale deed dated 17.6.68 and the suit property in schedule No.2, Plot No.715 within an are......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......ertain property is a vested property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases referred to- 50 DLR (AD) 70; 46 DLR (HC) 136. Lawyers Involved: Moshfiqueuddin Bakhtiar with Jebun Nessa Moshfique,..

Category: Property Law | Date: | Hits: 155

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......agerial, administrative, supervisory or solely clerical capacity is a worker. We have gone through the writ petition wherein the petitioner has categorically stated that she has been appointed to the post of "Sweepress" and she had been serving as such. The very term "sweepress" clearly indicates th......cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ..

Category: Criminal Law | Date: | Hits: 143

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......s lifted to the bank of river Jamuna, and it was identified as dead body of the victim Rafiq. Then it was taken to the police station and on the next day he took the dead body to Tangail hospital for post mortem examination. He identified the dead body to the doctor. In cross-examination he state......e, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- The State Vs. Md. Farid Karim, 8 BLT (AD) 87; Dula Mia alias Nurul Islam and others Vs. The State, 14 BLD, 477; State Vs. Sarowaruddin, 5 ..

Category: Criminal Law | Date: | Hits: 170

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....port and Exports Ltd. is a Limited Company incorporated under the Companies Act. The petitioner is engaged in the business of importing Soda Ash (light) from various countries. The petitioner is duly registered as an importer with the office of the Chief Controller of Import and Export. 4. The pe......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....uction of five public buildings thereon as claimed by the learned Attorney-General as well as admitted possession of a good number of private defendants by virtue of decrees of law Courts and various registered and other title documents. 48. The land is shown to be partially agricul­tural and pa......ass of Government and Court insiders has tacit involvement in the deal. It is not also unlikely, he stressed, that the plaintiffs, i.e., the present petitioners who claim to be sons of Gauranga are imposters set up by those gang mas­ters. He drew our attention to the peculiar facts of the instant c......ses Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Sajjadul Haque Vs. Sardar Anwar Hossain, 57 DLR 273; Rasheda Begum Vs. Nurussafa, 24 BLD (AD) 223 = 9 BLC (AD) 223; Guinness Peat (Trading) Ltd. Vs. Fazlur Rahman, 12 BLD (AD) 247 = 44 DLR (..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

....6 the complainant opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in differ­ent....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..

Category: Civil Law | Date: | Hits: 217

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......8.81 and the opposite party in order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the peti­ti......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......arge of investigation, visited the place of occurrence, held inquest on the dead body of Shahera Khatoon and prepared the inquest report, sent the dead body to the morgue for autopsy and received the post mortem report stating that the death was due to asphyxia resulting from strangulation which was......s. State …………………………………………Respondent Judgment January 6, 2009. Result: The appeal is allowed. Case Referred to- Mokter Hossain Vs. State, 2008 MLR (AD) 186. Lawyers Involved: ABM Waliur Rahman Khan, Advocate — For the Appellant. Farida Y..

Category: Criminal Law | Date: | Hits: 91

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......cern but suddenly on 18-8-2009 he received the impugned order and found that he has been transferred from Dhaka Fisheries Office to Kurigram Fisheries Office and has been directed to join in the said post within 27-8-2009. 5. Being surprised by the said transfer order dated 18-8-2009 the petition......lusive jurisdiction to hear any dispute of an employee in the service of the Republic................................(15) Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; Government of Bangladesh Vs. Mohammad Faruque, 18 BLD (AD) 276 = 52 DLR (AD) 120; Secretary..

Category: Administrative Law | Date: | Hits: 455

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

.... the Ordinance and submitted that the business of selling goods only to diplomats and privileged persons in terms of the customs bond warehouse licence and not to any other persons or organisation or registered traders. Such business of the petitioner does not come within the purview of the Ordinanc......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......le family in Chuadaanga. The father of the complainant was landlord and renowned business man since British period and his all brothers and sisters are highly educated and have been working in higher post in Bangladesh and out of Bangladesh. The complainant is a founder of Chuadanga District Chatra ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....e Government under any law is a Local Authority. Bangladesh Jatiyo Matsyajibi Samabaya Samity Ltd. is not a body or authority constituted or established by Government under any law though it has been registered as Co‑operative Society under section 10 of the Ordinance and is a body corporate under......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry the informant Dr. Mriganka Ranjan Barua has further found that accused Sakya Pada Barua, Fazlul Huq, Jasimuddin, etc. obtamed some registered kabalas from Putul @ Tarit Kumar Barua in the District Registrar's Office, Chittagong on ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......hers……………………………………Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 DLR 200; Abul Hossain and others Vs. The..

Category: Criminal Law | Date: | Hits: 103

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ly took up the investigation who visited the place of occurrence and prepared sketch map with a separate index thereof. He prepared surathal report and sent the dead body to the morgue of Rangpur for post mortem examination. He recorded the statements of some witnesses under section 161 of the Code ...... because the prosecution has not proved its case beyond reasonable doubt. …………………………………………(52) Cases Referred to- Nowabul Alam and others Vs. The State, 15 BLD (AD) 54; Muslim Uddin and others Vs. The State, 7 BLD (AD) 2; Bangaldesh (State) Vs. Paran Chandra Ba..

Category: Criminal Law | Date: | Hits: 74