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A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

.... be vacated. That was also rejected by the court below. But from the said written objection dated 4.6.90 it is seen that the said application has been affirmed by Md. Ishaque himself stating that the statements made therein are true to his knowledge and belief. He was duly identified before the cour......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...

Category: Civil Law | Date: | Hits: 104

Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

....ined the Rule and stay. 9. On perusal of the order sheet of this Court, it appears the rule has been served upon the respondents but no affidavit-in-opposition has been filed having controvert the statements made in the writ petition. 10. However, Mr. SM Rezaul Karim, the learned Advocate appe...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....or an amount of Tk.5, 90, 40,000/- (five crore ninety lac forty thousand). 6. Pending hearing of Artha Rin Case, the petitioner Nos.1 and 6, as defenant Nos.1 and 7 respectively, filed two written statements, and the other petitioners as defendant Nos. 2-5 and 8 filed another joint written statem......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....ment under section 164 of the Code of Criminal Procedure made by condemned prisoner Ashraf Ali is true and voluntary one. 47. From the cross-examination of P.W.17, the Magistrate, who recorded the statements under section 164 of the Code of Criminal Procedure, of condemned prisoner Ashraf Ali, it...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....aised before the Appellate Joint Commissioner of Taxes the claim of rebate on super‑tax taken by the assessee before it was without jurisdiction. Neither from the order of the Tribunal nor from the statements made in this Reference Application we are able to find that the assessee satisfied the co......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

.... been constrained to file this suit for partition for a saham of 6 drones, 6 kanis and 19 gondas of land out the suit land. 3. Defendant Nos.1-18, 20 and 30 appeared in the suit and filed written statements praying for sahams for 2/3 shares in the suit land but they have not challenged the right......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d to paragraph 3 (r) of the writ petition and submitted that the copy of the application was not sent along with the impugned notice and in spite of the repeated prayers the same was concealed. These statements made in the writ petition were not controverted by the respondent-appellant in her affida......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... recommended for higher scale and promotion as per Regulation 4(Gha). 8. The writ respondent No.1 by its letter under memo dated 4th July, 1999 requested the Principal, Fulbaria College to furnish statements of the teachers and employees for changing the time scale and correcting MPO duly counter...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ral purposes; that the impugned notification was ultra vires the Constitution and that the provision of Foreigners Act was not applicable to the petitioner. 6. The respondent No.1 controverted the statements of the petitioner made in the petition by filing an affidavit‑in‑opposition wherein i......enged by the respondents that on the 26th day of March, 1971, the day on which PO No.149 of 1972 came into force, he was permanently residing in the territories now comprised in Bangladesh with his parents and family members. In the present case the words “and continues to be so resident” appear..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....r dated 24-9-2010 in Money Execution Case No.42 of 2002. This resulted in this Writ petition. 3. Respondent No.2, the Bank opposed the rule by filing an affidavit-in-opposition controvert­ing the statements made in the Writ petition con­tending, inter alia, that bank filed Money Execution. Case...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..

Category: Civil Law | Date: | Hits: 83

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....urt of the learned Senior Assistant Judge, 3rd Court, Dhaka for dec­laration of title and recovery of khas pos­session. 4. The defendant Nos.1 to 4 contested the suit by filing 2 sets of written statements separately. The defendant Nos.1 and 3 filed one set of written statements and defendant N......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....iable to be struck down as being arbitrary, mala fide and ultra vires the Constitution. 5. Writ respondent Nos.1 and 3 contested the writ petition by filing affidavits-in-opposition making similar statements of facts. The substance of their claim is that Chapter I of Part I of the Constitution de......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..

Category: Constitutional Law | Date: | Hits: 441

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....ved in Court in accor­dance with law and secondly, those aver­ments were made in a different suit in which the plaintiff was not a party and he was not afforded an opportunity to contro­vert those statements. This submission merits no consideration in view of the fact that this written statement ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... owner in possession. 10. In this way aforesaid schedule properties are owned by purchase by registered saf kabala by the plaintiffs, they mutated their names in the respective Saf kabala, paying rents regularly. Subsequently they have got notice that the suit land has been recorded by the defen..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

....e deposition of the P.W.15 S.I. Borhan Uddin as Investigation Officer (“I.O.”) who prepared the Seizure List, Sketch Map and Surathal Report and sent the body for autopsy. He also applied for the statements of the arrested accused persons being Manik, Shibu, Krishna and Akhtar to be duly recorde...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....ively triable by the court of sessions. In the said case the Division Bench of this Court also held that the Magistrate is not merely a conduit pipe and it is the Magistrate who after considering the statements on oath of the complainant and witnesses can decide whether there is in his judgment any ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..

Category: Criminal Law | Date: | Hits: 89

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....ame to know about the contempt proceeding. He further stated that if he had knowledge about the stay order passed by this Hon'ble Court he would not proceed with the writ of eviction. 11. From the statements in the counter ‑affidavits sworn and submitted by contemner Nos.2, 3 and 4 we are of th......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

.... of the records from this Court. Send the LC records at once. 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) 94.......ed 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two registered deeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents and were in peaceful possession of the suit land. The defendants forcibly trespassed into the ..

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....beating one of the accused became invalid. P.W.1 is a formal witness' He has narrated what have been stated by Abdus Sattar in the police station and also what have been derived from the confessional statements of the accused appellants. But from recording of the evidence, it appears that he deposed......nst them. It is directed that the condemned prisoners 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) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ificate Officer Comilla stating that for making statement regarding the amount claimed by the Bank it was necessary to examine the accounts of the Bank and prayed for directing the Bank to submit the statements of accounts in Court so that the petitioner could take copy, examine the same and submit ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99