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Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ent contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of the land was also delivered as there was no order from the......¦¤ŕ¦ľ Which according to the provision of order 5 rule 17 is not a service and then he has referred the order dated 28/06/1982 "SR served.(illegible) seen. But not satisfactory. Plaintiff to file postal requisites on defendant No.2-3,5 and 7-20 by 16/08/1982" and order no 32 dated 1/11/1982 ......¦â€¦â€¦â€¦.Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt. Limited, 76 CWN 281; Abdur Rashid and another Vs. Ab..

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....th Take. 600.00. 5. Counter case was started on the basis of a petition of complaint filed by accused Yunus Miah against this informant, his father, brothers and others and the same was ultimately registered as Session Trial Case No.12 of 1986 and both the Session cases were tried simultaneously ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

.... Asharaf Hossain after the liberation who then was residing at 101, Hrishikesh Das Road, Dhaka. His father-in‑law Kazi Nooruddin was his lawful attorney to manage all the affairs of the property by registered power of attorney dated 28‑7‑72. The said bharatia Mollah Abdul Majid got the case pr......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..

Category: Property Law | Date: | Hits: 71

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......alifying in the viva voce examination they got them selected. Accordingly, a list of suc­cessful candidates was published. Thereafter, they got appointment letters and they joined their respec­tive posts. They had been discharging their duties in their office and received salaries. All on a sudden......fice on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umadevi, (2006) 4 SCC 1; Pankosh Gupta Vs. The State of J..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....me in the record of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others trans­ferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee.......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136………………………………(14) Cases Referred to- Amanat Ullah and others Vs. Ali Mohammad Bhuiyan and others, 22 BLC (AD) 134; Additional Deputy Commissioner (Rev) Vs. Al-Haj Ahmadur Rahman, 4 BLC (HCD) 349; Laxmi Kant..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....ame of Ramani Mohan Das Baishnab as a secular property and he realized the Rent from the tenants by granting Fargos (receipts) by filing rent suit in his own name. He also sold land to Asgar Ullah by registered deed dated 29 Maghs, 1358 B.S. in his personal capacity. The defendant No.1 Braja Bala Da...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....procuring the necessary documents, the vendor would be entitled to Taka 9000 out of the balance consideration of 11,000 by deducting Taka 2000 and that the plaintiff would be entitled to get the deed registered through Court on payment of Taka 9,000. The plaintiff has introduced a third case in this...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Petition No. 3071 of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of mouza Jatrabari, PS Demra from the successor-in-interest of RS recorded owner Mr. Alauddin by the registered deed of sale dated 6-3-2000. The purchased land appertains to CS plot No. 597 under CS Kh......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......deo recording of the land is not fatal to render the entire acquisition proceeding illegal and without jurisdiction…………..(33 & 35) Case Referred to- MA Salam Vs. Bangladesh, 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chiitagong, 6 MLR (AD) 112; Abdur Rouf Chowdhu..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....overnment. 3. The plaintiff purchased the suit land from defendant Nos.2-8 who happen to be two sons of Late Mehdi Ali Khan Panni and four sons of Late Sayeed Ali Khan Panni by eleven kabala deeds registered on different dates between 7-6-1981 to 21-10-1982 and accordingly went into possession. T......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......simpliciter, is one seeking to challenge the acquisition by implication, cannot circumvent the bar put by law…………………(30) Cases Referred to- Surat Sardar Vs. Afzal Hossain, 49 DLR (AD) 99; Arfan Ali Sheikh Vs. Ead Ali Talukdar, 14 DLR 791; Shaha Md. Elias Shah Vs. Province of East..

Category: Trust/Waqf Law | Date: | Hits: 114

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....her Class Suit No.112 of 1980 in the 1st Court of Munsif, (now Assistant Judge), Sadar, Chittagong, for a direction upon the defendant Opposite Party No.1 to renew the Lease Agreement dated 4-9-1949, registered on 12-9-1949 for a further period of 30 years commencing from 1st Aswin, 1386 BS contendi......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... and the suit premises should be returned back to the landlord………………………………(14)   Cases Referred to- Abdur Rashed Khan Vs. Abdus Samad Mondal, 33 DLR 260; 32 DLR (AD) 170; 38 DLR 806; Sova Rani Guha Vs. Abdul Awal Mia, 47 DLR (AD) 45. Lawyers Involved: No o..

Category: Administrative Law | Date: | Hits: 175

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....se of the petitioners. In elaborating his submission the learned counsel further contends that on 10th September, 1997 the petitioner No.2 Md. Abdus Satter Mollah transferred his share which was duly registered with the Register of Joint Stock Company in the month of November of the same year (Annex......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......ory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TCB, 40 DLR (AD) 206; Chittagong Engineerin..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......arging her duties as principal of the said college and during discharging her function as principal, the Governing Body of the College took an illegal decision dated 29.9.2003 suspending her from the post of principal temporarily and allowing the defendant No.5 from functioning as principal-in-charg......¦â€¦â€¦â€¦â€¦Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 550; Board of Interm..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....with the demand notice is annexed to the writ petition as Annexure-F and F1. 7. Respondent No.5, Deputy Director of the Anti-corruption, in short, ACC also lodged an FIR with Kotwali PS, which was registered as aforesaid Kotwali PS Case No.68 on 30.05.07 corresponding to ACC GR Case No.40 of 07 u......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......tulay, (1984) 2 SCC 183 - AIR 1984 SC 684; Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, (1985) 3 SCC 606 = AIR 1985 SC 1655; Sheik Abdus Sabur Vs. Returning Officer and others, (1989) 41 DLR (AD) 30; A K Rejaul Karim Vs. State, (1988) 36 DLR (AD) 113. Lawyers Involved: Rafiq-ul Huq wi..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....at the production of the trailers imported by the plaintiff were stopped in November, 1990. Exhibit O (iii) are documents showing that the second-hand/reconditioned vehicles imported by the plaintiff registered with British Car Registration Authority and the prefixes used in the registration numbers......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ract Taka 60,00,000 H) C&F value of 27 units of Trucks and Trailers including new spare parts 1,10,000 x Taka 84.25 Taka 92,67,500 I) ADD: opportunity loss/loss of earnings (had the trucks arrived on time we could have delivered to al..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......Hossain as the General Secretary, National Shooting Federation, Gulshan has filed this application challenging the notice or Proggapan dated 15‑2‑98 issued by respondent No.1 relieving him of the post of General Secretary of National Shooting Federation (Annexure‑B to the petition). The petiti......rinciple of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Advocate ‑ For the Petitioner (I..

Category: Employment/Service Law | Date: | Hits: 100

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....n - Ashulia, formerly Savar, Dhaka. It is stated that petitioner Nos. 2 and 3 purchased a total of 2.99 acres land from petitioner No. 1. The said properties were purchased by the petitioner No. 2 by registered Deed No. 13426 dated 30-4-2004 and the petitioner No. 3 by registered Deed No. 13427 date......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......an, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railway) Dhaka, Bangladesh, 2001 BLD (AD) 59 = 7 BLC (AD) 41. Lawyers Involved: Mahmudul Islam, Senior Advocate with Md. Asad-uz-zam..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....ent No.1 the petitioner was elected as the President of the Karmachari Samity of the Respondent No.1 in 1990 and again re-elected as its President in 1993. The aforesaid Karmachari Samity is the only registered Trade Union of the Karmacharies of the Respondent No.1 and is the only Collective Bargain......, be put thus:- 3. The petitioner joined the service of the Respondent No.1 in September, 1966 as a Lower Division Assistant. Thereafter he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till......st follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43 DLR (AD) (1991) 209. Lawyers Involved: Subrata Saha - For the Petitioner.  Khalilur Rahman ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....ehalf of defendant No.1 and 2, demand­ed 1.47 acre of land in 'Ka' schedule. Plaintiff No.1 went to Sub Registry office and got information that, defendant No.1 by personifi­cation, manufacture and registered the kabala deeds. Plaintiff No.1 on 3.11.98 got the certi­fied copy of kabala No.3665 an......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....ty No.2 by catching hold of his shirt towards a Baby Taxi standing near­by for kidnapping him. Due to the interference of an advocate the opposite party No.2 was saved. The petition of complaint was registered as CR No.306 of 1991. The concerned Magistrate upon perusing the petition of complaint an......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......quorum non judice and hence the impugned order setting aside the acquittal is void ab initio………………………..(19)   Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Abdul Malek, Advocate - For the Petitioner. KM Zahid Sarwar, De..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the basis of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullif...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..

Category: Procedural Law | Date: | Hits: 111