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....nd of plot No.893 and constructed 2(two) tin shed house and living therein with his family members. Said Mohammad Gazi died on 15th December, 1997 leaving behind the petitioner as his legal heir. The disputed plot No.893 is situated to the contiguous northwest corner of the existing Thana complex. S......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....udgment and decree submits that both the courts committed error in law without giving any findings that the plaintiffs failed to prove the document of settlement by which the plaintiff acquired the disputed land from the Hindu owners thus the judgment of the courts below should liable to be set as......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. ..Category: Property Law | Date: | Hits: 96
.... 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.
......ndant nos. 15-19 that after the death of the Ramani Mohan Das Baishnabi the defendant No.1 Baraja Bala Baishnabi became the Shebait as nominated by him as per custom before his death and she had been holding the office of Shebait of the deities and was maintaining possession of the property staying ..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......e passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Govern..Category: Constitutional Law | Date: | Hits: 147
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ed charge sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Special Tribunal No.17, Dhaka, framed charge against accused Mirza alias Mizan ..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... 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. ......19th November, 1965 and 30th July, 1966. This fact proved that the recitals in Exhibits 2 and X were created by the plaintiff on blank stamp papers and that the Court of appeal below was justified in holding that these were forged documents created by the plaintiff for the purpose of the suit. These..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner failed to impress upon the concerned authority to release the disputed land from acquisition, he filed the instant Writ Petition and obtained this Rule Nisi. 3......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. ..Category: Property Law | Date: | Hits: 79
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....the new section 91 A, the determination of assessment made by such a Court under the provisions of section 93A is amenable to appeal. We shall have to be clear in our mind that the determination of a disputed assessment made by the Land Acquisition Court by virtue of section 91A is made under sectio......an not claim any vested right on the ground that the letters of credit were opened after publication of SRO No.169 dated 8.6.2000. 6. The High Court Division, after hearing, discharged the Rules holding that the bills of entries having been submitted after publication of the SRO No.252 dated 6...Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ppeal No. 219 of 1996 before the learned District Judge Comilla and the learned Joint District Judge, 3rd Court, Comilla by Judgment and decree dated 31-1-02 allowed the appeal and dismissed the suit holding that the suit challenging the proceeding started under the Acquisition and Requisition of Im..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......corresponding to GR Case No.137 of 2007 was started. The case was thus endorsed to one Mr. Md. Abdul Baset, Assistant Director, Anti-Corruption Commission to investigate into the allegation who after holding the investigation submitted a police report against the FIR named accused Zahangir Alam as..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....e notice. Hence the suit. 3. The suit was contested by the defendant No.1 and 2 by filing written statement denying the material averment made in the plaint. The case of defendant No.1 is that the disputed property belonged to Late Haji Ashraf Ali Chowdhury. He filed it up at his own cost and rai...... was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in constructing pucca and semi-pucca house and created Municipal holding in his name. It was one of the conditions that the lease will be renewed for a further per..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....No.44 of 1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenants excep...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......e following question was originally referred for determination by this Division: (i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in passing order upholding the justification of AJCT in upholding the assessment framed by the Deputy Commissioner of T..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... children. If they are legitimate children they will be entitled to maintenance from their father. The Family Court disbelieved defendant No.1's claim observing that the plaintiff No.1 was a woman of disputed character and that the plaintiff Nos.2 and 3 were illegitimate children born as a result of......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
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. ......eal No.315 of 2004 and that appeal was heard by the learned Additional District Judge, 2nd Court Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....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. ......e. He thus discharges constitutional functions for which he is remunerated by fees under the Constitution and not by the Executive. 71. To sum up, the learned Special Judge was clearly in error in holding that MLA is a public servant within the meaning of expression in Section 12 (a) and further ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......nder section 10(4) of Druta Bichar Tribunal Ain, 2002, shortly, the Ain, i.e. 135 working days, has been over elapsed. Learned Judge by the impugned order dated 14-6-2006 rejected the prayer although holding that 135 working days has elapsed 'yesterday'. 3. At the time of hearing of the Rule, two..Category: Procedural Law | Date: | Hits: 84
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. ...... learned Advocate, also reiterated to the submission made in the affidavit‑in‑opposition that there is no necessity of issuing any show cause notice or initiating a proceeding as the incumbent is holding a post which is purely a temporary one and further, the petitioner has neither been dismisse..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......ent Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under ..Category: Election Law | Date: | Hits: 591
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ervants' (Discipline and Appeal) Rules, 1985 were not followed in passing the impugned order dismissing the petitioner from service. Admittedly, an Inquiry Committee was set up by the Respondents for holding inquiry into the charges brought against the petitioner and the said Inquiry Committee submi..Category: Labour and Industrial Law | Date: | Hits: 2706
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