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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......nd to enjoy the usufruct of such holding or portion or share shall, notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years and the provisions of sub‑section (2) of section 95 shall apply to su..
Category: Property Law | Date: | Hits: 78
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......ced rate was declared illegal. Mr. Mainul Hosein also relied in the decision reported in PLD 1970 (SC) 439. In that case exemption was granted under section 12A of the Excise and Salt Act, 1942 for a period of 4 years in respect of manufacture of cigarettes in a particular place in the Chittagong Hi..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ANGLADESH which was found responsive initially who quoted cost almost Taka 60 crore for two complete boats. Furthermore, the validity offer has extended for 4 times after expiry of initial validity period and due to inordinate delay in issuing work order by the 2nd party price of materials necessa..Category: Alternative Dispute Resolution | Date: | Hits: 334
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......sdiction vested in law in them. For what have been stated above we do not find any substance in this petition. Accordingly, the petition is rejected summarily without any order as to costs. The period consumed before the High Court Division in moving this writ petition may be considered for ex..Category: Fiscal/Taxation Law | Date: | Hits: 138
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ...... in the decision occasioning failure of justice. Secondly, the learned Judge of the Court of appeal below failed to consider that the suit property has assumed the character of vested property in the period between 6-9-1965 to 16-2-1969 and comes within the definition of "Enermy Property" occurring ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......avit dated 3-7-1963 and that he served the school for 36 years with full satisfaction of the authority and the defendants having accepted his date of birth as 3-1-1945 paid him salary for such a long period on the basis of the monthly payment order (MPO), the defendants cannot be allowed to say now ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......5, House No.41, Road No.7, Block No.G Banani. On the date of death the deceased was living in this flat with the accused. Their conjugal life was happy for three years after the marriage. During that period the deceased gave birth of a son named Turja, who was 2 ½ years old at the time of occurrenc..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....n 17-5-1994 upon payment of earnest money of Taka 20,000 to the defendant No.1 by the plaintiff and delivery of possession of the suit property to the plaintiff was made by the defendant No.1. It was stipulated in the Bainapatra that after a period of 3 years the plaintiff will pay the balance consi......of Taka 20,000 to the defendant No.1 by the plaintiff and delivery of possession of the suit property to the plaintiff was made by the defendant No.1. It was stipulated in the Bainapatra that after a period of 3 years the plaintiff will pay the balance consideration money of Taka 5,000 and the defen..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......m. 3. The Family Court decreed the suit directing the petitioner to pay Taka 48,000.00 as the balance dower-money, to pay Taka 3,000.00 to the first opposite party as the maintenance for the iddat period of three months and to pay Taka 1,000.00 each month for the maintenance of the second opposit..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......e supplementary affidavit filed by the petitioner it is stated that the respondent Nos. 3‑5 have been absenting themselves without leave of the Speaker since 1.3.94 and till to date which covered a period of 250 days and it is stated that in case of absence for 90 days the seat of a Member of the ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ...... him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and paisa fifty), in default, to suffer rigorous imprisonment for a period of 1 (one) year more. 2. The case of the prosecution, in short, is that, on 28‑2‑89 Ha..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......e Court has held that the Registrar or the Deputy Registrar has not been conferred with any power to permit correction or removal of defects in an Election petition presented in the High Court beyond period of limitation. The learned Advocate for the petitioner then placed reliance in the case of Jy..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......anent or not. 3. It appears that a huge number of employees were in Public Works Department, firstly, under master roll and then were brought under the Work-charged Establishment mostly during the period from 1977 to 1984, prior to 1986 (Annexure-A series to the Writ Petition No.4040 of 2007). Th..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....ishad. The plaintiff developed Ailchara cattle market and Bazar at a cost of taka 3, 33, 805.58 and initially the said cattle market was being managed by a committee of the Union Parishad. It was stipulated that the amount spent by the plaintiff towards the development of the cattle market would......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......er in making the Death Reference and the Appeals ready for disposal as a result of which also the condemned prisoner has undergone the mental agony and anxieties of gallows around his neck for a long period. Thus, on giving our consideration to the delay in disposal of the Death Reference and Appeal..Category: Criminal Law | Date: | Hits: 104
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......ication under section 491 of the Code of Criminal Procedure and obtained the present Rule. From the supplementary affidavit it appears that Government extended the detention of the detenu for further period of 3 months with effect from 3-6-98 by order dated 31-5-98. 5. Learned Assistant Attorney-..Category: Criminal Law | Date: | Hits: 72
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ...... clause (b). The compulsory retirement order was passed on 3.6.59 and the requirement of Article 6 is that such order must be passed before 1st of July, 1959 and since the Order was passed within the period, it fell within the ambit of the statute and protected by the preclusion clause "no appeal sh..Category: Employment/Service Law | Date: | Hits: 196
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......y the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was accordingly fixed and approved by the Zonal Officers, Customs and Excise, Chittagong for the period of 1981-1986. Thereafter, the company removed and sold its aforesaid products to the various ..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......vision for pay scale without making any link with earlier assignment and, as such, the impugned order is illegal, void and without jurisdiction. 5. Lastly Mr. Majumder has argued that after a long period of service in the higher post, the passing of an impugned order, demoting the petitioner to a..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......, we are of the view that the petitioner has adduced sufficient evidence and materials to show that he is the owner of the property and he occupied, managed and supervised the same except for a short period when he took shelter elsewhere for safety of his life.
18. In the result the Rule is made ..
Category: Property Law | Date: | Hits: 150
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