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Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......ndly, irrespective of the failure of the defendants to prove the fact of settlement taken by their predecessor, the plaintiffs cannot rely on the weakness of the defence evidence. Thirdly, various provisions of the Easement Act, 1882, particularly sections 52 and 56 clearly show that licence crea..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....d proceedings, the learned lawyer for the ACC, mainly submits that, the sanction referred to in section 32 is simply administrative in nature and obtaining the sanction under section 32 is not at all mandatory. In support of his contention the learned lawyer for the ACC has cited a decision referred......On the other hand, we have noticed that the decision reported in 60 DLR 629, is one case in which an application under section 498 of the Code of Criminal Procedure was considered in the light of the provisions contained in Rule 19 (Gha) of the Emergency Power Rules 2007, wherein it has been held th..Category: Anti-Corruption Laws | Date: | Hits: 44
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......urt Ordinance provides that if the decision of a Village Court is unanimous or by majority of four to one, the decision shall be binding on the parties and shall be enforceable in accordance with the provisions of this Ordinance; but if the decision of a Village Court is by a majority of three to tw..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... months from the date of its execution. 19. For proper appreciation, let me quote section 23 of the Registration Act which reads as Follows:- "23. Time for presenting Documents.- Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....offences of murder the charge has become defective. The law states as per section 233 of the Code of Criminal Procedure that their should be a separate charge for each distinct offence and that being mandatory, the learned counsel submits that the entire case is vitiatedon that score. He placed reli...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
...., the total period the accused convict had been in custody in connection with the offence except an offence punishable only with death. Here the word "shall" has been used and "shall" is construed as mandatory. 29. In section 35A there is nothing indicting whether it is prospective or retrospecti......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......bmits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned Court below to accept or admit the appeal filed by the complainant. The learned Advocate, referring to the provisions of section 417(2) of the Code, submits that this section empowers the complainant to file..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......ut lawful authority. His further contention is that the petitioner having submitted a plan prayed for approval with an undertaking to pay the requisite fees, no further action was warranted under the provisions of law and the respondent No.2 is under statutory obligation to sanction the plan in acco..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......erty and which explanation was accepted by the authority. (3) Whether on the facts and circumstances of the case the Tribunal was justified in law in maintaining the order of the AACT ignoring the provisions of the section 19B and Section 78 of the Income Tax Ordinance, 1984. 2. There were oth..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ed for retaining rain water. The registration of MMDL’s project with RAJUK will not improve the case, in that, the rules of 2004 do not confer any right to establish a housing project violating the mandatory provisions of law and secondly, these rules will not prevail over the parent law.
51.......
Surendra Kumar Sinha J.- These appeals and civil petition involve public importance onthe environment and human rights, protection and preservation of environment, and the construction of certain provisions of the tenancy laws applicable in the country, the Town Improvement Act, 1953, the Paribe..
Category: Environmental Law | Date: | Hits: 434
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......sferred of her deceased father's property showing to pay the loan money, medical treatment and for her maintenance including family religious ceremony, which she could not or did not according to the provisions of the Hindu Law. Mr. A. Y. Ahmed Ali further submits that the legal necessity means acco..Category: Property Law | Date: | Hits: 57
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......2. Pivotal war of words, thus, is whether service of summons upon plaintiff-opposite party in Preemption Miscellaneous Case was a valid service or not. 23. In resolving legal controversy an eye on provisions engrafted in rule 11, rule 12, rule 15 of The Code may be given. Other Rules including ru..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......able. 7. Mr. MA Jalil, the learned Advocate appearing for the petitioner, supports the Rule and submits that the impugned orders are illegal, inasmuch as the same have been passed by violating the provisions laid down in circular dated 16-6-1991, exempting the agricultural loans upto principal ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ge 184). 93. So far as Bangladesh perspective is concerned, power to issue Mandamus stems from Article 102(1) and Article 102(2) (a) (1) because both the sub-Articles empower this Division to pass mandatory orders. And, of course, the Masdar Hussain case, supra, provides best example of a situati......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......rvice Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to above and in view of clear provisions as contained in Regulation Nos.11(3) and 13 of the Sonali Bank Employees Service Regulati..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......tion of the Special Case No.24 of 2004 now pending in the Court of Special Judge, Bogra, clearly amounts to abuse of the process of the Court and that continuation of such proceeding is barred by the provisions of section 26 of the General Clauses Act, 1897, as because the Judgment and order of acqu..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......f the dues from the petitioners but upto 12.12.2006 they have paid only Tk. 1148509/- out of total outstanding of Tk. 8,89,94800/-. 16. The CIB Report was prepared by the Bangladesh Bank under the provisions contained in Chapter IV of the Bangladesh Bank Order, 1972 on the basis of the Credit Inf..Category: Civil Law | Date: | Hits: 112
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......spondent No.3, Inspecting Additional Commissioner of Taxes issued the impugned notice. 5. Mr. Mosharaf Hossain, learned Advocate for the petitioner took us through the assessments and the relevant provisions of the Ordinance particularly section 120 and submitted that Inspecting Additional Commis..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ved in this Court with the instant writ petition and obtained the Rule with an order of stay. 5. The petitioners claimed that in passing the impugned order, respondent No.2 did not comply with the mandatory provision of section 10 (1) of the Trade Organization Ordinance, 1961 (hereinafter called ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......sed. At best it can lend support to the other evidence but when the maker of such statement appearing in court did not own the same and when the recording there of was not made in compliance with the provisions section 164 of the Code of Criminal Procedure the evidentiary value of such statements ca..Category: Criminal Law | Date: | Hits: 80
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