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Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......ourt of appeal, on the other hand, after reassessment of the evidence of P.Ws.1-4 held that the pre-emptor's witnesses had admitted the pre-emptee’s claim of development of the case land except the amount of costs spent towards such development, that the improvement and constructions were made i......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......me. 11. Sub-section (5) of section 6 of the Ordinance provided that:- "Any man who contracts another marriage without permission of the Arbitration Council shall (a) Pay immediately the entire amount of dower whether prompt or deferred due to existing wife or wives, which amount, if not so pa......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....er abdomen about 2" above the umbilicus by sharp cutting weapon measuring about 8" X 6" abdominal cavity deep. The lower cut portion of the body a gain separated by one incised wound around the whole circumference of the upper part of the left leg causing complete separation of soft tissues an...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......ide of Shashanka's house and that other accused persons forcibly brought the wife and children of Shashanka out of the hut and put them in the engine boat. On the following day he made the demand for money to accused Abul Hossain who did not comply but gave him a threat instead. After the occurrence..Category: Criminal Law | Date: | Hits: 139
....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......tigation or further investigation in the case. Judicial inquiry is an independent inquiry and such an inquiry is held under provisions of section 202 of the Code of Criminal Procedure and it does not amount to re‑opening of a case as argued by the learned Advocate for the petitioner.
4. As rega......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....dismissed from service on 25‑11‑78. Thereafter he sent a grievance petition on 12‑12‑78 and having got no reply thereto filed the case before the Labour Court on 12‑2‑79 alleging that the whole proceeding was irregular, illegal and malafide and the inquiry officer did not give the petiti......st and proper and it may, in appropriate cases, require, by such order, reinstatement of complainant thereof and such order shall be final: provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;" 6. From the above it appears that Labour Cou......ake identify card and no such identity card was produced before the inquiry committee nor before the Labour Court. Labour Court further found that company (respondent No.2) did not suffer loss of any money or reputation by the alleged false identification of the farmers. There was extenuating circum..Category: Labour and Industrial Law | Date: | Hits: 162
....d unworkable with the rest of the statute. It is also the rule of interpretation that the words appearing in a statute should not be read in isolation but by reference to the context and be read as a whole and the meaning of a word must not be strained to such an extent as to include expressions on ...... corporation or a local body or a representative organisation is given a right under a law to assert a right or privilege to the benefit of many in the process the said cannot be waived as that would amount to relinquishment of a right by infringing a public policy.
He who voluntarily consents d......s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
..
Category: Civil Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....pears that the case was sent back on remand to the Tribunal only for recounting the ballot papers of 2 centres named aforesaid, the learned appellate tribunal committed an illegality in reopening the whole case and assessing the evidence again in its entirety and passed the impugned Judgment and ord......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......Md. Humayun Kabir withdrew his security deposit of Take 1,000.00 and submitted that the revision is the continuation of the election cast and since the opposite party petitioner withdrew the security money before the final disposal of the matter, the instant revisional application is incompetent. Mr..Category: Election Law | Date: | Hits: 273
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....the occupier of the premises to vacate the promises, for the purpose of demolition was lawful. 10. Before considering the submissions made by the learned Advocates it is necessary to consider as a whole the provisions of sections 3, 3B, 6 and 7 of the Building Construction Act. 1952 which are as ......, the building or excavation or re‑excavation of the tank, provided such person: (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than 71,5000 and more than 71, 50,000 to be determined by that Offic......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..Category: Property Law | Date: | Hits: 92
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......nature from the document on a for payment of Taka 8,00,000.00 on 24.8.86 and the same has now been treated as promissory note and further alleged in the application that the defendant paid the entire amount of Taka 8,00,000.00 through Nusrat Ali and obtained receipt from the mother of the plaintiff ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......Bill of Entry No.C 151501 dated 27-12-2003 and provisional assessment was made of thereafter and submitted ex-bond bill of entry No.152259 dated 28-12-2003 and paid customs duty and other charges for amount of Taka 1,88,61,532.10. 11. Subsequently, the aforesaid writ petition was discharged on 19......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......2 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment of decretal amount. 2. In Civil Revision No.941 of 2005 it is the case of the petitioner that Bangladesh Hous......istance to make a home and is not so drastic that just on the failure of repayment, the schedule property given as security, automatically vest in the Corporation to be sold for realisation of loan money. As such I am of the view that on the event of failure for payment of loan the proceeding unde..Category: Civil Law | Date: | Hits: 198
Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......tioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2-7-2008 the appeal was rejected on the ground of non-payment of 10% of the amount of demand. Thereafter, the petitioner preferred an appeal before the Appellate Tribunal, the ......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 280
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......en contract in favour of the plaintiffs and transferred possession of the said land in their favour agreeing to execute and register the sale deed on or before 1st May, 1978 on receipt of the balance amount of the consideration. Their further case is that the plaintiffs were in possession of the sui......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institution of the suit together with a further claim of interest under section 80 o......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......for shelter. Such temporary absence from their property cannot mean that their whereabouts were not known. We are, therefore, of the opinion that the absence of Respondent No.3 from his house did not amount to his whereabouts being unknown to the Government so as to make his house an abandoned prope......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... that on the night following 24.04.1972 at about 02.00 A.M. that is on 25.04.1972 a group of dacoits numbering 12/15 persons entered into the house of the informant Fazlul Huq (P.W.5) and looted cash money, gold ornaments, clothes, wall clock, Hajak light and also took away stationery goods from his..Category: Criminal Law | Date: | Hits: 142
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......the said house but lives in, House No.275 B, Road No.27(old), Block No. 'C'. Lalmatia, that he is keeping his relatives in the house in question and that he is a defaulter in the said house as a huge amount of Tk. 1,44,766.26 is still outstanding as rent and that he has no legal right to stay in the......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403...
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......te allowed fifteen days' time to pay the balance money and the bid was accepted by the Magistrate on 6.9.88. Thereafter by notice dated 10.9.88 and 12.9.88 the bidder was asked to deposit the balance amount by the receiver. In the meantime on the application of the previous lessees Abul Kashem and o...... the Upazila Magistrate, Bhola in MR case No.138 of 1979 cancelling the auction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 1..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... the Foreign Exchange Regulation Act, 1974 for which Anti‑Corruption Department has already started investigation which felt the necessity of impounding the passport of the petitioner to secure his whole time presence in Bangladesh in connection with the said investigation and on the request of th......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......section 21 of the Foreign Exchange Regulation providing that without the permission of the Bangladesh Bank no remittance can be made and so the apprehension of the respondents about the remittance of money to a foreign country has no basis and, moreover, when no remittance has yet been made, it is n..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
.... but it has to be interpreted by the Court according to the settled principles of law and the rules of interpretation, that is, while interpreting any statute its provisions should be considered as a whole bearing in mind its objects and purposes according to the principles as has been laid down in ......iling such appeal in the High Court Division is 30 days and further there is also a precondition in sub‑section 2 of section 7 of the Act for acceptance of the appeal that means 1/2 of the decretal amount must be deposited by the appellant in the Court passing the decree. The learned Advocate has ......f the Code of Civil Procedure for attachment of properties before Judgment. 2. Rajshahi Krishi Unnayan Bank, the plaintiff-respondent instituted the aforesaid suit for realisation of unpaid loan money from the defendant to the tune of Tk. 2,98,92.50 including interest service charges, etc. At t..Category: Civil Law | Date: | Hits: 169
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