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Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......o sold 40 1/2 decimals of land by a kabala dated 18.10.1977 in favour of the preemptor and his brothers the pre-emptee Nos. 21 to 24; that by that Kabala the pre-emptor became a co-sharer to the case holding; that the pre-emptee No.3 in collusion with the pre-emptee opposite party Nos. 1 and 2 tra..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......thout any mask, gumboots or helmets. The persons-in-charge of the yard admitted that they did not have any facility for management of waste materials. There was no waste oil/sludge oil removal site/holding tank/asbestos/hazardous materials dumping/disposal site. Those concerned were not able to ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....gment March 18, 2012. Result: The petition is summarily disposed of. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 144 & 145 No receiver can be appointed of the disputed property unless the proceedings under section 144 of the Code of Criminal Procedure are con......eceiver of the disputed property by the Executive Magistrate is ex-facie illegal and against this backdrop, the impugned Judgment and order dated 15-2-2012 passed in Criminal Revision No.40 of 2102 upholding the order dated 18-12-2011 passed by the Executive Magistrate is 'non est' in the eye of law..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......se record was then transmitted to the Court of Sessions Judge, Comilla who took cognizance of the same and thereafter transferred it to the Court of Assistant Sessions Judge, 3rd Court, Comilla for holding trial who framed charge against the convict-appellants along with two other accused persons ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....well as the land of Dhaka City Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till dis......f purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government Revenue Office, paid rents and also obtained a holding number of Dhaka City Corporation, and thus has been in peaceful possession of the land. Afte..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... that it was observed in that case: .... It seems clear that the submission advanced below confused the legal "seat" etc. of an arbitration with the geographically convenient place or places for holding hearings. This distinction is nowadays a common feature of international arbitrations and ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......ese 4 subscribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It furth..Category: Company Law | Date: | Hits: 129
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....ot be deprived of their land legally purchased by virtue of the registered kabala deeds. 11. Mr. Haque, the learned Advocate next drew my attention to the LTI appearing on the second page of the disputed deed (Exhibit 1) and to the other LTI's of the same person appearing on page 1 and 3. 12...... the appellate Court by the impugned Judgment and decree. 9. Mr. Md. Abdul Haque, the learned advocate for the petitioner defendants, submitted that the Courts below committed an error of law in holding that a deed of Heba-bil-Ewaz is a document of contract, and that even if it is considered ..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....committed or unfolded in his presence and convict the accused and award the prescribed sentence to him on the basis of his plea of guilty under the Ain. But in the present case before us, it is undisputed that the alleged offence was neither committed nor unfolded at the spot in the presence......complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereof on different dates as were done in the instant case by the Executive Magistrat..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......nce has some importance in the prosecution case. It can be used to contradict the witnesses under Section 145 of the Evidence Act. Thus, from the above discussion it appears that the primary cause of holding inquest is to ascertain the cause of death, whether it is accidental, suicidal or homicidal...Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......sed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order dated 8.2.2010 passed by the respondent No.1 in Election Appeal No.2 of 2009 holding that no appeal lies against any interlocutory order passed by the Election Tribunal in Elect..
Category: Election Law | Date: | Hits: 600
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......29.211 metric tons out of the said consignment of 1929.211 metric tons, as alleged, such shortage was well within the 1% ocean Allowance. He further submitted that the Court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of good..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......accused solely on the basis of the unimpeachable and unshaken evidence of the officer or person who made the search and seizure disbelieving the evidence, if any, of any witness of search and seizure holding it to be unworthy of credit.........................................(44) Minor discrepanc..Category: Criminal Law | Date: | Hits: 92
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......ase cannot proceed and is liable to be dismissed. 5. The Artha Rin Adalat (hereinafter referred to as 'the Adalat'), Chittagong by the impugned Order No.65 dated 02.7.2005 rejected the application holding that there is nothing in the provision of section 37(1) of the Ain, 2003 to dismiss the Arth..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the authority of the Court holding the trial and that the Labour Court only has exclusive jurisdiction to try the grievances of..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....t was the mother of 3 daughters who were minor at that time. Therefore, the subsequent deed executed by the daughters are not valid. Both the Courts below correctly found that in the instant case the disputed question of title is involved as such in a suit for permanent injunction this question of d......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ded in any khatians, no rent receipt is produced by plaintiff, plaintiff being a stranger has no locus standi to challenge the benami transaction in between defendant and his brother-in-law and after holding as such, the suit ought to be dismissed but the learned Judge decreed the suit in part. Let ..Category: Property Law | Date: | Hits: 83
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......s as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....In Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others (1994) 14 BLD (AD) 235 it has been laid down:
"In the absence of any material to show, that the leassees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such leassees ca......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......n Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for e..Category: Criminal Law | Date: | Hits: 92
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