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S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

.... State Acquisition and Tenancy Act, 1950. He allowed the revision cases and restored the judgments of the trial Court. 16. On the prayer of the pre-emptee-leave was granted to consider (1) whether prior to coming into operation of Part V of the State Acquisition and Tenancy Act (herein­after ref......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..

Category: Property Law | Date: | Hits: 85

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......sts. 17. The judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of 1996 are affirmed. 18. Send a copy of this judgment to the Secretary, Ministry of Land, Government of the People’s Republic of Bangladesh, Dhaka at once for his perusal..

Category: Property Law | Date: | Hits: 88

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......uddin Sarker J Hamidul Haque J Ziauddin Ahmed…………………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others……………………………â..

Category: Constitutional Law | Date: | Hits: 238

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

.... plaintiff of the second suit by the defendant who is a member of the minority community and appears to have executed the Bainapatra Ext. B on the 16th of Bhadra, 1377 BS corresponding to 1.1.71 just prior to the serious turn of the liberation war of Bangladesh when there was serious tension amongst......901.00 as earnest money in part payment. The plaintiff‑appellant promised to execute and register the Kabala deed in favour of the defendant on the basis of the agreement after obtaining income tax clearance certificate and necessary permission from the competent authority. But as civil disturbanc......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......ng to the con­temnors they could not decide on the issue of his joining without sending the matter for decision to the higher authority. But in the letter dated 06-1-2008 addressed to the Secretary, Ministry of Liberation War Affairs the contemnors mentioned that they had received a legal opinion f..

Category: Employment/Service Law | Date: | Hits: 156

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....urposes of the Government too, the placement of the District Judges above the administrative and defence executives in the Table thereof is all the more necessary with an eye to upholding their rank, priority and status in public perception. What we are driving at boils down to this: the respondent ......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... Bangladesh and others…………………Respondents  Judgment  February 4, 2010.  Result:  Rule is made absolute.   Cases Referred to-  Secretary, Ministry of Finance Vs. Masdar Hossain, 52 DLR (AD) 82; Association case, AIR 1993 SC 2493; BELA's c..

Category: Constitutional Law | Date: | Hits: 270

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....(42) of the Ordinance, the amendment to the said definition clause omitting the word rate therefrom and inserting a new Clause 46 defining 'rate' would not be available, because the levy of taxes was prior to the amendment. Mr. Mostafa Kamal, the learned coun­sel appearing for the Municipality subm......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......igh stan­dard. Suddenly the appellant was directed by an order dated 16.9.78 to discontinue the busi­ness of LMD work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessfully challen..

Category: Business or Commercial Law | Date: | Hits: 208

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....aquib, the learned Advocate appearing on behalf of the accused-peti­tioner, submits that in order to constitute an offence under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, prior service of notice on her is a pre-condition. Without asking for statement of wealth, no offenc......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ani Com­pany at Chittagong. It appears that the said agreement could not be implemented because of the situation arising out of the liberation of Bangladesh. On the 19th January, 1972 the Secretary, Ministry of Industries and Natural Resources of the Government of Bangla­desh issued a notification..

Category: Property Law | Date: | Hits: 79

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....tire at any time after the completion of twenty-five years of his service: Provided that he shall exercise his option by giving a notice in writing to his appointing authority at least thirty days prior to the date of his intended retirement and such option once exercised shall be final and shall......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Subhan J Badrul Haider Chowdhury J Syed Abdul Ali......................Appellant Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors……………..Respondents Judgmen..

Category: Employment/Service Law | Date: | Hits: 107

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......2-73 was filed by the appellant-company claiming that the land in question was leased out to it who have been possessing the same on payment of rent. The appellant-company also moved the Sec­retary, Ministry of Land Administration and Land Reforms, Government of Bangladesh. The objections were, how..

Category: Property Law | Date: | Hits: 87

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Kho..

Category: Administrative Law | Date: | Hits: 263

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......uction notice being No.14/2000-2001 published in the daily Independent on 15.3.2001 for auction sale of the suit property. Thereafter the defendant by letters dated 21.3.2002 requested the Secretary, Ministry of Housing and Public Works and the Chairman of RAJUK to revoke, rescind and or cancel the ..

Category: Property Law | Date: | Hits: 85

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15....... AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Jud..

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......itioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, Bangladesh Secretariats, Dhaka ..................Opposite Parties. Judg..

Category: Criminal Law | Date: | Hits: 86

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....underlying the general rule which deprecates piecemeal trial is to avoid a protracted litigation and un­necessary expenditure. The reason behind the special provisions of the Code which seek to give priority to the determination of certain issues before taking up the hearing of other issues appears...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....pointed by the lessor, and unless this is done, the lessor will not be bound to re­cognise or accept any person as Tenant of the demised property in place of the transferor: Provided that without prior written sanction of the lessor no transfer of a portion of the demised property shall be valid......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... the effect of Section 56(2)(Chha) was that all the teachers of the erstwhile College continued as teachers of the University and it would be uncon­scionable to compel the teachers to go back to the Ministry in order to be posted as teachers of colleges when they had been rendering service as Lectu..

Category: Employment/Service Law | Date: | Hits: 134

Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......anted licence to act as a Nikah Registrar of Ward No. 17 of Rajshahi City Corporation but subsequently it was detected in an inquiry held by District Registrar, at the instance of Bichar Shakha-7, of Ministry that plaintiff was not a resident of ward No. 17, but acting as an Imam of Police Line Jame..

Category: Civil Law | Date: | Hits: 92