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People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

.... the Republic. The petition is against the Judgment and order dated 29‑9‑92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, Dhaka). By that order the Court excluded the disputed property from (ka) schedule of the list prepared under the relevant provision of Ordinance ......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....ng before the date of knowledge and that she had instituted the case as soon as the case land had been improved at huge costs. The High Court Division though observed that the point of imitation is a disputed question of fact which can be determined on the basis of the evidence on record but on the ......repared by my learned brother, Md. Abdul Wahhab Mia J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-shar­er transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan..

Category: Property Law | Date: | Hits: 138

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... where these were opened and six dead bodies, cut into pieces, were recovered from the said drums. The recovery of the dead bodies of Biraja and her 5 children from inside the drums on 14-9-89 is not disputed by the defence. 39. P.W.18 Md. Abul Hashem is the chairman of Horoshpur Union Parisha...... 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. ..

Category: Criminal Law | Date: | Hits: 139

Dilu alias Delwar Hossain Vs. State, represented by the Deputy Commissioner, Barisal, 1996, 25 CLC (HCD)

....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.......nst the police report alleging that Babul accused No.1, the principal offender, was recommended to be discharged and that the investigation was perfunctory. The learned Magistrate passed an order for holding judicial inquiry after rejecting the police report and thereafter witnesses produced by the ..

Category: Procedural Law | Date: | Hits: 131

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....would defeat the provision of any law or would cause in­jury to the right or to the property of others would also not be enforceable being against public policy. 29. In the instant case it is not disputed that the contesting Chamber of Commerce and Industry are public representative bodies, repr......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

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

....diction. 9. There is no dispute that a proceeding was drawn up against the respondent No.2 and an Enquiry Committee was constituted to enquire into the charges levelled against him. It is also not disputed that the said Enquiry Committee constituted by petitioner held the inquiry and found the re......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

.... after the poll. He submitted that there is nothing to show from the contents of the election petition or from any evidence on record that any such prayer was made before the Presiding Officer of the disputed 2 centres for‑recounting of the ballot papers at the time of counting after the poll. He ......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. ..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....illing a written objection denying the allega­tions. 3. During the trial while the D.Ws. were being examined, opposite party No.1 filed an application for re-counting of the ballots polled in the disputed centers. The peti­tioner opposed the prayer. By an order dated 10.07.1986 the Election Tri......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..

Category: Election Law | Date: | Hits: 309

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....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. ......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. ......her having no means of her own; that the defendant's sons purchased 6 kathas of land from the said Meherunnessa Begum and paid Taka 1,00,000.00 on the date of agreement for sale of 61‑Purana Paltan holding and promised to pay Taka 8,00,000.00 after execution and registration of the sale deed and a..

Category: Procedural Law | Date: | Hits: 125

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......ation filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code..

Category: Criminal Law | Date: | Hits: 112

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......ation filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code..

Category: Procedural Law | Date: | Hits: 153

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ......is service was terminated by the impugned order. It is the further case of the petitioner that the petitioner's service having been terminated on the ground of being surplus the service of the person holding the same rank and junior to him should have been terminated but the petitioner has been sele..

Category: Employment/Service Law | Date: | Hits: 207

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. ......vidence that the kabalas of the defendant Nos.1 and 2, specially kabala dated 27.1.78 Ext. A(1) was either without consideration or fraudulent. Therefore, the learned court below was not justified in holding that the said kabala was without consideration and fraudulent and the defendants were not bo..

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.......opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but without passing any order thereon holding that leave to appear and defend the suit was granted by implication and fixed 3.1.89 f6r fil..

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.......ity and to be of no legal effect and why the respondents should not be directed to cancel, rescind or withdraw the impugned judgment and order. 2. The petitioner Abdul Quddus's case is that the holding No.11 ‑A/8 of Block ‘F’ remained vacant during the liberation war and after the war al..

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.......g person. As such it would be unsafe to convict the accused persons on such identification evidence unless corroborated by some other evidence. 16. Moreover there was a delay of about 41 months in holding the T.I. Parade. Mr. Nasirul Islam contended that in view of the delay in holding the T.I. P..

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

.....7 to 9. The further case of the plaintiff is that, one Akbar Bhuiyan was the owner of CS Khatian No.15 with other land and Jonab Ali and others were the owners of the CS Khatian No.243 including the disputed land and also other land, Before CS operation the CS Plot of CS Khatian No.15 was owned and......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..

Category: Property Law | Date: | Hits: 144

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

.... the cancellation of the bid in favour of the bidder‑opposite party and forfeiture of the sum of Tk. 2,72,500.00 deposited by him by the Magistrate on 23.11.88/30.11.88. Standing paddy crops in the disputed land was sold in auction to Abul Kashem, one of the previous lessees. From the notice dated......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. ..

Category: Others | Date: | Hits: 172

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

....m the point of view of the Revenue. It is the business house which is in the best position to know what should be the expenses for the assessee company going on running. In the instant case it is not disputed that the Government gives subsidies to the nationalised companies for running their busines......der of the Taxes Appellate Tribunal, Chittagong Bench, Chittagong: "Whether on the facts and circumstances of the case, the Taxes Appellate Tribunal, Chittagong Bench, Chittagong, was justified in holding that the payment made to the National Exchequer by the assessee constitutes an expenditure d..

Category: Fiscal/Taxation Law | Date: | Hits: 266