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Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....ion denying the allegations or the claims of the petitioners made in these writ petitions. It appears from the aforesaid annexures that even in the year 1992 the Principal of the college wrote to the relevant, authorities for absorption of the present petitioners to their respective posts, but witho...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....rt, Dhaka in Title Suit No.31 of 2011 directing the defendants to maintain status-quo for a period 6 (six) months and prohibiting from taking any step in respect of the suit cold storage. 2. Facts relevant for disposal of this appeal, are that, one Syed Shakhwat Hossain and four others, who are R......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201......s again filed second Execution Case No.99 of 2010 and that the defendants were trying to collusively hand over the suit cold storage. Thereafter, the trial Court have found that there was no reliable documents on record to show that the plaintiff has paid to defendant No.1-3 Tk. 40 lakh to purchase ..Category: Administrative Law | Date: | Hits: 212
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....ness of the record of rights does not by itself prove the fact of licence. This principle is not evidently applicable to the present case. 22. The issue of licence being the principal dispute, the relevant legal provisions of the Easement Act, 1882, particularly sections 52, 56 and 59 are quoted ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......he hand written receipts show payment of salami of TK. 22 in 1320 B.S. and rent of TK. 2 for that year and also payment of rent at the rate of Taka 2 for the subsequent years upto 1347 B.S. But these documents are totally silent about the name of the tenant and there is no description of the land. I..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......nd increase the sufferings of the parties manifold. So, I have decided to dispose of the case on merit without sending back the case on remand to the appellate Court below since all the materials and documents are available on record as this Court is competent to consider and decide the case finally..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....o make the transfer, has acted in good faith." 15. The above view is supported by the decision in the case of Hamidullah Talukdar & others Vs. Muslim Khan and others reported in 8 DLR 606. The relevant portion of the said Judgment regarding the scope of section 41 of the Transfer of Property ......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... ...... at the time of purchase defendant Nos.1 and 2 were 18 and 12 years of age respectively and were employed in weaving factory. It is also contended by the learned Advocate that inability to file title documents including rent receipts by the plaintiff‑petitioner also proves the claim of the defenda..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......orted in: 61 DLR (HCD) (2009) 755. ......the plaint's case, P.W. 2, Kala Mia son of late Munsur Ali, P.W. 3 Kala Mia son of late Sekander Hossain, P.W. 4 Md. Bazlul Hoq, were examined to corroborate the evidence of P.W. 1. They proved their documents which were exhibited and marked as Exhibits 1-5 Defendant examined five witnesses, of them..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....namended section 23 will be applicable in the present case. Therefore, pre-emptee No.2 has not committed any wrong in presenting his kabala after more than 3 months' of its execution. Because, at the relevant time the limitation for presentation of a document for registration was 4 months after its ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... 27 BLD (HCD) (2007) 180. ......of parties, limitation and whether or not the pre-emptor was entitled to any relief as prayed for. 7. The pre-emptor examined 3 P.Ws. and pre-emptee No.2 examined 2.O. P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were mar..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....proved the seizure list and seized the articles as Ext.7 and his signature therein as Ext.7(1). 13. In his cross-examination he admitted that the law and order situation of the area was bad at the relevant time. 14. P.W.3 Barek Howlader stated that he had not seen the occurrence and he did not......8. These are all the evidences available on record. 29. We have gone through the impugned judgment and order of conviction and sentence, the memo of appeal, deposition of P.Ws., and other relevant papers. We have also heard the learned counsel for the appellant and the learned Deputy Attorney Gen......………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....sued by the accused petitioners were dishonoured. 20. In respect of dishonour of such postdated cheques, the case of Shaikh Obaidul Huq Vs. The State and another reported in 38 DLR (1986) 105 is relevant. In that case, a Division Bench of this court observed as follows: "These admitted circu......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B......shid, the learned Assistant Attorney General appearing for the opposite party No.2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 4. Opposite party No.1, FDC filed the above noted compliant case stating that ..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad...... examination of the P.Ws., the accused Nur Hossen was examined under section 342 of the Code of Criminal Procedure to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by ..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as......R. Nizam Road, Chittagong. The DCT concerned denied to accept this investment as covered by the provision of section 19(B) of the Income Tax Ordinance 1984. The Assessee-applicant filed loan sanction documents before the concerned DCT which shows that an amount of Tk.2, 00, 00,000.00 was sanctioned ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....e matters would have impact on the implementation of various housing projects by individuals and private companies, I would like to express my opinion on the questions separately.
2. Short facts relevant for determination of the points in these matters are that Bangladesh Environment Lawyers As......on may be given to Metro Makers to compensate the third party purchasers.
98. We have considered the submissions of the learned Advocates, the impugned judgment, the leave granting order and the papers annexed to the paper-book.
To begin with, it is necessary to go through grounds on which......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental......ntaneous and informal growing areas). The interim nature of the UAP is stressed; as it will gradually be replaced by the DAP when they are completed. These will then become the development management documents for the respective areas they cover.
32. In paragraph 1.3.1 under the heading ‘The ..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....d not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....ough the Judgments of 2 (two) Courts below and evidence on record, it appears that the Trial Court took the pains of noting down the case of the respective parties and therefore, he has addressed the relevant issues involved in the matter and referring to the averments and the documents on record ar......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......rial, the then learned Munsif, 2nd Court, Satkhira framed appropriate issues in the suit and the plaintiffs examined 4 P.Ws. and defendants examined 4 D.Ws. and both the parties exhibited a series of documents in support of their respective cases. 5. Upon consideration of the evidences on record,..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......such evidence. 13. We have considered the submissions of the learned Counsel appearing on behalf of the petitioners and perused the impugned judgment of the High Court Division and other connected papers on record. 14. The fact that witnesses are related to each other is not necessarily a grou...... in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....trict Judge, 6th Court, Dhaka in Title Appeal No.301 of 2000 reversing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had fi......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....arned Appellate Judge took into account Exhibit-Ka i.e. return of service of summons upon plaintiff-opposite party and, also, evidence of D.W.3, Process Server. ii. Plaintiff-opposite party at the relevant time had been out of country. In arriving at the said finding learned Appellate Judge took ......also, ex parte order against him from his cousin brother (ফুফাত ভাই)Monu Patwari Monu Patwari was given Power of Attorney to take proper steps in the matter. Monu Patwari obtained all papers on 20-1-1996 and laid suit in Court seeking relief stated above. b. Plaintiff-opposite par......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... Jr. stated; “The writing of opinion is not easy work. It always takes weeks, and sometimes, months. The most painstaking research and care go into the task. Research, of course, concentrate on relevant legal materials-precedents particularly. But Supreme Court cases often require also some fa......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
....ing the cases and thereby canceling D.P. Khatian Nos. 1712 and 1713 prepared in the names of writ petitioners in compliance with a common order passed in Appeal Nos.6282 and 6284 of 2010.
3. Facts relevant for disposal of the Rules, in brief, are that the land measuring 69 decimals or thereabout ......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......
Ed.
This Case is also Reported in:
......s.6-7 earlier had filed Miscellaneous Case Nos.8-9 of2011 under rule 42A of the Tenancy Rules before the Zonal Settlement Officer, who rejected the same by order dated 4.4.2011because of tampering on documents and warned the responsible employees of the Settlement Office. It further appears from ord..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....hips in that case as under‑ "So long an employee is not confirmed, he continues under probation. His services can be terminated under Regulation 10." That was a Bangladesh Bank's case and the relevant regulation was Regulation No.10. In the instant case; the manner of temporary employment of...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
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