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AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....0 against the defendants and the plaintiff preferred Appeal against the Judgment and decree dated 15-6-2000 passed by the Assistant Judge, Companyzgonj before the District Judge, Noakhali which was registered as Title Appeal No.126 of 2000 and on transfer the Appeal was heard by the learned Additi......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f fact and its irrelevant consideration not within the mischief of section 32 would be an illegality. If any other fact is considered by the Administrator of Wakfs in removing the Mutwalli from his post of Mutwalliship not coming within the mischief of section 32 it would been exercise of power be......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 134

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....e claim has become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledgement due but did not receive any reply. 9. Being aggrieved by the...... become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledgement due but did not receive any reply. 9. Being aggrieved by the order No.4......arch 19, 1997. Result: The Rule is made absolute. Cases Referred to- S A Harroon and others Vs. Collector of Customs,11 DLR (SC) 200; MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; 1949 AIR (PC) 297. Lawyers Involved: Mainul Hosein with Md. Humayun Kabir Bulbul, Adv..

Category: Administrative Law | Date: | Hits: 192

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....g No. 04608589 dated 5-10-1997 from the Customs, Excise and VAT Commissionerate Dhaka (South) Mohammadpur Division. Subsequently, VAT authority decided to change the VAT identification numbers of the registered persons from eight (8) digits to ten (10) digits and accordingly the petitioner's VAT reg...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Bench) 281. Lawyers Involved: Md..

Category: Fiscal/Taxation Law | Date: | Hits: 168

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

.... The prosecution case, in short, is third one Md. Jammanur Hossain, ASI Kafrul Police Station DMP, Dhaka being the informant, lodged an FIR with Kafrul Police Station, against the convict-appellants, registered as Kafrul Police Station Case No.26(3) of 2003 dated 17-3-3003 under Section 19A of the A......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....center of the International Occupational Safety and Health Information Centre (CIS) of International Labour Organization (ILO). 4. Added co-petitioner No.3, Safety and Rights Society, is a Society registered under the Societies Registration Act, 1860. It was established with the objectives, inter......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....ool, a Managing Committee was formed. That committee appointed the plaintiff as Headmaster of the school and appointed four other teachers. The school started functioning on and from 1.1.1986 and was registered as being "Registered Non-Government, School" on 8.8.1994 and having its registration No.3......ed by the defendant No.13. Thereafter the plaintiff got himself admitted in P.T.I institute, Kishoreganj for having a training in the year 2004. He completed his training on 31.12.2004 and joined his post on 1.1.2005 as Head Master. During his training period, the defendant No.10 was functioning as ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..

Category: Civil Law | Date: | Hits: 107

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted, on 22.05.2004, to the Court of Additional District Magistrate, Cox's Bazar for trial. 7. The accused-petitioners preferred an application under section 561A of the Code of Criminal Procedure, registered as Miscellaneous Case No.4745 of 2004, and obtained Rule and stay from this Court. 8. ......he trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of the Code of Criminal Procedure. The trial Court has power to postpone and adjourn the proceeding under section 344 or any other section of the Code of Criminal......………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrabarti Vs. Noni Gopal, 13 DLR 215; Hanif Vs. State, 60 DLR 634. L..

Category: Criminal Law | Date: | Hits: 54

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... obtaining the said ex-parte decree the decree-holder-Bank preferred an application under Order 21 Rule 11 of the Code of Civil Procedure for execution of the final decree. The said application was registered as Mortgage Execution Case No.41 of 1997. 4. During the pendency of the said executi......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ...... Judgment July 4, 2010. Result: The Rule is discharged. Cases Referred to- 1 BLC 179; 19 DLR 546; 44 DLR 340; Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 46 DLR (AD) 174; Hosne Ara Begum & another Vs. Islami Bank Bangladesh and others, 5 MLR (AD) 290; Iftekh..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....titioners presence are necessary for an affective adjudication of the partition suit. 6. Since the petitioners claiming their Subsisting right, title and possession in the suit land by showing two registered deeds dated 03.06.68 and 13.06.81 and therefore. I am of the opinion that the petitioners......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....ction 364/302/201 of the Penal Code against the accused persons. 5. After observing legal formalities, the case record was transmitted to the learned Sessions Judge, Meherpur, wherein the case was registered as sessions case No.14 of 1997. 6. The learned Sessions Judge, Meherpur was pleased to......n who further visited the place of occurrence, recorded the statements of some of the witnesses under section 161 of the Code of Criminal procedure, seized alamots held inquest report and collected post mortem report. Thereafter he submitted charge sheet being No.207 dated 29-12-1996 under section...... of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. State reported in 39 DLR (AD) 194, the matter of the sentence has been left to the discretionary of the court which award co..

Category: Criminal Law | Date: | Hits: 106

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....auction sale on 22.9.2004 and on the same day he made an application in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka under Order 21 rule 90 of the Code of Civil Procedure which was registered as Miscellaneous Case No.43 of 2004 for setting aside the auction sale on the ground “�...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......��…………Opposite Parties Judgment March 18, 2010. Result: The Rule is discharged. Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 61 DLR AD 92; N..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....ducted into the Tracts by providing them with free land, money, cattle, food ration and other incentives. Besides this nefarious policy of dispossessing the indigenous people of even their personal registered settled lands, as well as ancestral common lands which are the property of the indigeno......t certain provisions of these Acts and the amendments introduced brought by them have affected his right of franchise, right to purchase and transfer property and the right to contest various elected posts. The Petitioner is further aggrieved by the provisions of the Chittagong Hill Tracts Regiona......e, 2006 (Special Issue) BLT (HCD); West Bengal Vs. B.K. Mondal & Sons, AIR 11962 (SC) 779; Montreal Street Railway Co. Vs. Normandin, AIR 1917 PC 142; Kudrat-E-Elahi Panir Vs. Bangladesh, 44 DLR (AD) (1992) 319; BLAST Vs. Bangladesh, 60 DLR (2008), 234; Bangladesh Vs. Abdul Mannan, 29 DLR (SC) 1..

Category: Constitutional Law | Date: | Hits: 314

Jewel Vs. State, 2005, 34 CLC (HCD)

....ey arrested the aforesaid accused persons. The prosecution was launched by lodging a First Information Report on 11.5.1988 by P.W.1 Md. Moniruddin with the Kotwali Police Station wherein the case was registered as Kotwali Police Station Case No.14 dated 11.5.1988 corresponding to G.R. No.1385 of 198....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ..

Category: Criminal Law | Date: | Hits: 85

Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)

....oo all the cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post requesting the accused-petitioner for payment of Tk. 6,97,00,000.00, the amount of a......cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post requesting the accused-petitioner for payment of Tk. 6,97,00,000.00, the amount of aforementi......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..

Category: Criminal Law | Date: | Hits: 138

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....out giving her an opportunity to show cause or to defend her case, by Memo No.FDC/Pro‑2‑333/92/786/281 (6) dated 12‑8‑93 signed on 14‑8‑93 (Annexure‑C). She sent a grievance petition by registered post on 25‑8‑93 without any result. Hence she filed the complaint petition (Annexure�......her an opportunity to show cause or to defend her case, by Memo No.FDC/Pro‑2‑333/92/786/281 (6) dated 12‑8‑93 signed on 14‑8‑93 (Annexure‑C). She sent a grievance petition by registered post on 25‑8‑93 without any result. Hence she filed the complaint petition (Annexure‑D) before......s. Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents Judgment November 11, 1996. Result: The Rule is discharged. Cases Referred to- 31 DLR (AD) 298; 14 DLR (SC) 17; 48 DLR 472; 1968 PLC 281; 1968 PLC 355; 1968 PLC 183; 1968 PLC 279. Lawy..

Category: Labour and Industrial Law | Date: | Hits: 265

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....�brated judgment and the honorable author judge Mr. justice Mustafa Kamal very eloquently decided that the provision of Section 47 of the Registration Act provided that in between the two contested registered documents the earlier executed document shall have prevalence over the letter executed ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......testing-Defendant-Respondent) Judgment August 12, 2010. Result: The rule is made absolute. Cases Referred to- Sudhir Kumar Das and another Vs. Abdul Malek Miah and others, 2006 BCR (AD) 164; Rafiqul Islam (MD.) Vs. Mir Abdul Ali, 44 DLR (AD) 176; Malik Md. Ishaque Vs. Mlrza Almas A..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....the provisions of thisAct any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of registered trade union authorised in writing to act on his behalf or any Inspector under this Act, o......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ..

Category: Labour and Industrial Law | Date: | Hits: 215

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....l No. 438 of 2006 and the same was dismissed for default by order dated 06.3.2008. Thereafter the petitioner submitted an application under Order 41 Rule 19 of the Code of Civil Procedure which was registered as being Miscellaneous Case No. 741 of 2008. That Miscellaneous Case was also dismissed f......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ...... Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar and others Vs. International finance Investment and Commerce Bank Ltd., 52 DLR (HCD) 4; Nurul Islam Vs. Agrani Bank, 49 DLR (AD) 135-136; Habib Bank Limited Vs. UAL Bangladesh Investment Company Limited and another, 52 DLR (H..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......titioner was the Nikah Register of Ward No.55 of Dhaka City Corporation. The Nikah Registrar, Pirjada Syed Shariatullah of Ward No.53 of Dhaka City Corporation retired on 1.5.2009 and accordingly the post of Nikah Registrar of Ward No.53 fell vacant. The respondent No.3, District Registrar due to va..............................Respondents Judgment June 1, 2010. Result: The Rules are discharged. Case Referred to- Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes, 49 DLR (AD) 136; Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Meghna Petrolium Vs. Commissioner of Taxes..

Category: Civil Law | Date: | Hits: 130

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