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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......2000, Annexure-‘G’, to the respondent No.2, Speaker of the Parliament, alleging that since the petitioner took oath as a Minister on 23-6-1996 he violated and ignored the party discipline knowing fully well that Jatiya Party was not a supporter and member of the consensus government and, as such......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......overnment of Bangladesh and others in Writ Petition No. 3034 of) 1999 (reported in 4 BLC 590), copy of which has been placed before us by the learned Advocate for the petitioner, with which we are in full agreement. In the said decision the issue of basti people has been dealt with and the relevant ...... Rule are that the petitioner has been residing in the case land for the last 5 years (from the date of swearing affidavit of the writ petition) and she was compelled to migrate to Dhaka from her village home at Faridpur in search of employment and shelter. She has two minor sons and survived throug..

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... bainapatra (Exhibit-l) and signature appearing in the bainapatra and also in Exhibit-2 is not of his own. According to him signatures are forged and fabricated because fact that he being a barrister full time engaged legal profession as of a legal practitioner in England and Wales. Mr. KS Nabi, the...... so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on 2nd July, 1998 by the learned Additional District Judge, Bagerhat reversing and setting aside the judgment and decree dated 18th July, 1996 and decree signed ..

Category: Civil Law | Date: | Hits: 71

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......s the description of company as incorporated in section 2(5A) of the Act. The learned Deputy Attorney-General further submits that if the provisions of Presidents Order No.27 of 1972 are examined carefully it is found that the corporations established under the provision of President’s Order No.27......uthority’ shall mean and include a Pourashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local or any corporation or other body or authority constituted or establi..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ...... that his tender was the highest. Even if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the corporation which reserved full power to reject any offer, and no agreement was concluded with him.” In the case of Shafique ......nt No.4, to help the disabled freedom fighters and dependents of the Shaheed Freedom Fighters, filing writ petition to challenge such bona fide decision raising technicalities of law should be discouraged by the legal profession. Court is not a place for ventilating grievance as raising points on te..

Category: Property Law | Date: | Hits: 102

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... do not tally with the signatures appearing in account opening form of current deposit account No. 2400 in the name of Salimuddin. Accused Abdur Rob verified and authenticated that signatures knowing full well that these signature were never identical. Accused Abdur Rob also caused lodgment and reti......d of six months. 2. The prosecution case, in short, is that the District Anti-Corruption Officer, Pabna lodged an FIR to the effect that current deposit account No. 24000 in the name of one of village Char Ramchandrapur, Police Station and District Pabna was opened with Janata Bank, Main Branch, ..

Category: Criminal Law | Date: | Hits: 104

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......e view in similar case of distributorship that granting of an injunction in a suit means forcing the company to continue supply of cigarettes to the plaintiff although the plaintiff is unable to lift full quantity earmarked for him. 26. In very recent case of Humayun M Vohra vs. ESPN STAR Sports,......posal. By impugned order dated 4-7-04, learned Additional District Judge dismissed both appeals. 7. Main case of defendant Nos. 1 and 2 is, in short, that Messrs Birla Tyres already terminated the agency of defendant No. 3 by a letter dated 28-1 -03. Defendant No. 3 having accepted such terminati..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... any manner any judgment and order of conviction and sentence or proceeding of a Martial Law Court. Eventually, towards the end of 1986 Martial Law was lifted and the Constitution was restored to its full force. Constitution (Seventh Amendment) Act, 1986 (Act No. 1 of 1986) was then passed to ratify......that on the night following 15-2-85 at about 9-00 PM he went to the shop of PW. Nowab Ali at the place of occurrence road and saw deceased Ripon exchanging hot words with accused Quader Mia. At one stage of the altercation accused Quader Mia told ”বেয়াদব তুই বাসায় য..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ...... execute and register a sale deed In respect of schedule-l (Kha) property. 18. The plaintiff obtained the agreement dated 8-9-86 and then a sale deed dated 13-1-91 from defendant Nos. 3 and 4 with full knowledge and during pendency of Other Suit No. 151 of 1992. Even defendant No. 3 did not menti......ep Chand instituted a suit against second respondent Kare for specific performance of an agreement dated 8-12-86. Kare admitted the agreement but took the plea that he did not intend to sell but mortgage. After the agreement the children of Kare got the suit property by way of a family arrangement. ..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......dgment as the issues raised therein between the same parties are the same. 2. First Appeal No. 506 of 2000 arises out of Other Suit No. 17 of 1997. Luna Fahmida Rahman and Dana Farzana Rahman, two full sisters, on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......yees should be regarded as temporary or permanent workers or as regular temporary workers. Mr. Haque submits that the lone decision does not reflect the correct proposition of law. 10. We have carefully perused the pleadings of the parties in all the writ petitions together with the annexures app...... from one post/position to another in the service of the petitioners' bank. Besides, they were allowed to enjoy sick leave, casual leave, annual leave, daily allowances, etc and they were paid their wages by the petitioners' bank and the petitioners' bank regulated and controlled their services. ..

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......at he heard from PW 2 Chowkidar Bishanath and PW 4 Shafiqul Islam that Mukul injured the deceased but neither PW 2 nor PW 4 makes any such statement in the Court. Therefore, the statement of PW 11 is fully hearsay and inadmissible in evidence. It is further submitted that Sub-Inspector Abdul Bari, a......of Singra PS GD Entry No. 501 dated 13-5-2002 as per direction of the Officer in-Charge, Singra Police Station, Natore came out for search and arrest of Dacoit Mukul @ Swapan and came to Chowgram village and were making search for him at different places. At one stage, they came to know that the sai..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....t know whether illicit relationship developed between the deceased and one police constable in Khulna, where the deceased took an unsuccessful attempt to commit suicide by hanging. The deceased was a woman of ill temperament. She used to lose her sense being enraged. He added that the appellant was ......at the appellant mortgaged a piece of land to Jafar Kha PW 3 who did not restore possession of that land to the appellant. Over that matter a salishi was held. The appellant and his brothers unsuccessfully tried to get back the possession of the mortgaged land. He also admitted that there was land d......ased and one police constable in Khulna, where the deceased took an unsuccessful attempt to commit suicide by hanging. The deceased was a woman of ill temperament. She used to lose her sense being enraged. He added that the appellant was not seen for 4/5 days before the occurrence. He did not know w..

Category: Criminal Law | Date: | Hits: 41

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......d regulations regarding such matters as universal service and contribution schemes, spectrum management and competitive safeguards. The Operator will be subject to any such new laws or regulations lawfully coming into force in Bangladesh from time to time to the same extent they apply to BTTB and al......rable from the rest of the agreement and the contract can survive and be workable without offending the provision mentioned above. He has referred to the Specific Relief Act by Mulla 11th Edition at page 389 and referred to a portion which runs as follows: "Sometimes, although parts of a contrac..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ......settled that a delegated legislation must be consistent with the parent Act and cannot take away the benefit granted by the parent Act. The respondents are demanding supplementary duty and VAT on the full value of the refrigerator assembled by the petitioners pursuant to the impugned SRO. The effect......Writ Petition No. 1971 of 2002 and Annexure "B1" and "C" respectively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on ..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496....... Court as well as of the appellate Court are liable to be set aside. 33. In the result the appeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......75 passed by the Subordinate Judge, Additional Court, Khulna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present ..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......tant Attorney-General appearing for the respondent-Government, cites the decision in the case of Feroza Majid and another Vs. Jiban Bima Corporation, reported in 39 DLR (AD) 76 and their Lordships in full Bench have held in para 5 as follows: “It also contains a recital that the vendor on recei...... suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed...

Category: Property Law | Date: | Hits: 85

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... merits. In the result, the appeal is allowed and the connected Rule being No.128(s)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......stituted Attorney of Raj Kumar Ghose, performed the said activities and since purchase the plaintiffs were possession of the purchased land which is admitted and not denied by the defendants at any stage. 6. Later on OD (old debt) Case No.21 of 1995-56 was also started against the same certificat..

Category: Property Law | Date: | Hits: 83

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......fence of murder. In criminal law there is no impediment in convicting an offender on the basis of testimony of single witness if his evidence is found by the Court to be honest and trustworthy and if fully corroborated by the circumstances of the case and medical evidence. 24. In the present case......k and reached near Shital Bhandar at about 7-30/8-00 PM he saw that the accused Milon, Kamal, Fakrul, Bhulu, Alam and 5/6 others were assaulting Mithu and Azhar was sitting in a rickshaw and at one stage the accused Milon and Kamal dealt blow of churi on Mithu. At that time Azhar came down from rick..

Category: Criminal Law | Date: | Hits: 35

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......e are foreign companies, banks and financial institutions. Many of the transferees started occupying and using their premises. The petitioners received the consideration money either in advance or in full from the said transferees. 4. The petitioners also made a widespread advertisement for trans......ing Construction Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the ..

Category: Property Law | Date: | Hits: 125