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Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
...., inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched......laintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation to ascertain the area of o..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference......that in their judgment they have not at all discussed or considered the points at issue. They have simply stated the parties case and then dismissed the appeal. This judgment cannot be construed as a proper and legal judgment. They have shirked their responsibilities and they have not considered the..Category: Fiscal/Taxation Law | Date: | Hits: 254
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ...... to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date ..Category: Fiscal/Taxation Law | Date: | Hits: 189
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......nd allowed by the learned judge was made or given on emotion as there is no reason for the claim or awards given, as submits that any claim made or any decree passed should be calculable and based on proper materials on record. In this regard learned Advocate relied on the decision of Serajul Islam ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... is also Reported in: 62 DLR (HCD) (2010) 474. ......, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......s and also to realize compensation from them for causing damages to the river and the villagers of the said villages and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 13-7-2009, the respondents were restrained by an ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri......of 1986. This petition be treated as allowed. 3. Factual matrix of the present matter appears to be a competition in benevolence. The petitioners and the opposite party Nos.5-7 are rival donors of properties for housing the Alankari Post Office under Biswanath Upazila. The petitioners as plaintif..Category: Procedural Law | Date: | Hits: 193
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code.......he relevant column of charge-sheet as absconding. 3. Informant's uncle Sheer Mahmud was assaulted by Sabur Ali (since acquitted). He was taken to hospital for treatment and after having received proper medical treatment at Rangpur Medical College Hospital he came round. 4. Defence version ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
.... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger......as allowed the most veteran criminal Tasir Ahmed scot free. The statements recorded by S.I. Abdul Khaleque leave no room for doubt as to the involvement of Tasir Ahmed so this investigation was not properly held by Inspector Serajul Islam insofar as Tasir Ahmed is concerned and I think in the fi..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....86. ......notice of the original contract The Supreme Court held that in that circumstances the High Court was perfectly justified in coming to the conclusion that the appellants had failed to prove that the property in dispute was purchased for value and in good faith and without notice of the earlier cont..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
.... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64...... dead body. He further stated that if somebody takes poison in that case there will be no sign of asphyxia. He also denied the suggestion of the defence to the effect that the postmortem was not held properly. 22. The P.W.7 Anowar Hossain stated in his evidence that he knew both Rina Begum and Sh..Category: Procedural Law | Date: | Hits: 118
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petitioner Vs. Noor Jahan Begum &am......ncy Act, the petitioner has to know the names of the vendees, the number of plot of land and the quantum of land sold by the vendor in order to examine as to whether he is a contiguous owner of the property sold or not. Unless he is definite as towhether he qualifies himself to file a petition und..Category: Property Law | Date: | Hits: 100
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sections 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date......n when an accused having absconded and is to be tried and convicted in his absence the court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after proper publication made for his presence and surrender as provided under sections..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....or the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Ra......ined in charge of three fertilizer godowns of Tanore Police Station at Mundurnala from 19‑2-73 to 13‑5‑75 and thereafter he made over the charge of the said godowns with the fertilizers after proper physical verification to acquitted accused Abdur Reja Chowdhury on 14‑5‑75 and the physic..Category: Criminal Law | Date: | Hits: 98
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
.... Hoque J Amirul Kabir J Crescent Jute Mills Company Ltd. represented by the General Manager (formerly Dty. General Manager)...........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The R......b), the Court, after notice and giving the parties hearing may decide the matter; (d) In deciding the matter the Court may pass such order including orders regarding cost, as it may deem, just and proper and it may, in appropriate case, require, by such order, the reinstatements of the complaint ..Category: Labour and Industrial Law | Date: | Hits: 177
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....espondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon...... officer. In reply the learned Assistant Attorney‑General has submitted that being a child of four years and four months at the time of the occurrence, the investigating officer did not consider it proper to record the statement of Fatema Begum (P.W.6) under section 161 CrPC and also did not show ..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the cas...... counter affidavit has not specifically given any cause as regards this delay in the arrest of the petitioner as well as in lodging the FIR. The explanation given cannot be prima facie construed as a proper explanation in such a case. It seems to us that the search party took the matter very lightly..Category: Criminal Law | Date: | Hits: 89
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....orted in: 57 DLR (HCD) (2005) 201. ......came their possessions. But with the dawn of civilization the need for the protection of the weak became necessary and formulation of codes of conduct was devised in order to protect one's person and property from the onslaught of the stronger. 21. With the advent of civilization the science of j..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......ant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs instituted the aforesaid title suit No.149 of 1993 for partition to the extent of 10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under ..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......88, Biazid Bostami Industrial Area, Chittagong was taken over by the Government in his absence and the same was handed over to Sena Kalyan Sangstha, that is, defendant No.4-appellant and the schedule property of plaintiff respondent No.1 was put into with the occupation of the defendant Nos.2 and 3 ..Category: Property Law | Date: | Hits: 111
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