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Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....Judge, Rangpur and this Appeal No.112 of 1985 was heard by Additional District Judge, Rangpur who on reappraisal of the evidence concurred with the finding of the trial Court and dismissed the appeal holding that the learned Subordinate Judge correctly held that both the defendant and plaintiff oppo......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....id two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his cont......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....tion and marked as Annexure C. 9. Mr. A. Baset Majumder, the learned Advocate appearing for the petitioner has, inter alia, submitted that although the Writ Petition No.22 of 1985 was discharged upholding the promotion of respondent Nos. 5 to 8 by its office order dated 6.21.85 the petitioner had......are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs. Secretary, Ministry of Cabinet Affairs Establishment Division, GovernÂment of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30;..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....ontended that the petitioner had full knowledge about the case and avoided trial through abscondence and hence the Special Tribunal committed no illegality by treating the petitioner as absconder and holding the trial in absentia. 9. Heard Mr. ANM Gaziul Huq, learned Counsel appearing for the pet......ome Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: The Rule is made absolute. Cases Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bulbul Vs. The Government of Bangladesh, Civil A..Category: Criminal Law | Date: | Hits: 79
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....ent No.2 requesting it to correct the voter list. However, the writ respondent Nos.2-5 without excludÂing the voters of Uttar Kistikathi area declared the election schedule on 2nd December, 2010 for holding election of the Pourashava, and 672 voters have been added, in Ward No.7 of Jhalokathi Poura...... the voter list of Jhalokathi Pourashava was prepared and published for each Ward, and in June, 2010 it was detected that about 400 families of "Abason Project Nos.1 and 2" estabÂlished by the then Government on the land of Uttar Kistakathi under Ward No.7 of Ponabalia Union Parishad have been enjo..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....rney General and Dr. Hossain merit consideration and, thereÂfore, leave is granted in both the leave petitions to consider the following points; I. whether the High Court Division erred in law in holding that the Regional Council Act 'is nothing but a mere colourable piece of legislaÂtion' whic......ourt Division in Writ Petition No.2669 of 2000 on 29.05.2000 calling upon the respondents to show cause as to why Sections 3, 4(KaKa), 4(Kha), 5, 6(Uo), 7 and 11 of the Rangamati Hill District Local Government Council (Amendment) Act, 1998 (Act No.9 of 1998), Khagrachari Hill District Local Governme..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....ccurrence and the accused appellant appears to have been shown arrested on 1-8-91 who was arrested in connection with a case of Jhalakati District i.e. after 7 months of the occurrence. This delay in holding the test identification parade threw a doubt in the genuineness thereof. Apart from the fact.......W.11 a seizure list witness proved the alamats of this case. P.W.12 another seizure list witness said that no search was held in his presence inasmuch as the Investigating Officer took his signature over a blank paper. The prosecution declared him hostile and cross-examined. P.W.13, a police office..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....ry of the Mymensingh Dhaka Coach Malik Samity informing them that their committee stands dissolved for the several reasons cited therein and by the same communication appointed ad‑hoc committee for holding elections within 3 months from that date. 5. It has been further contended by the defenda......th reference to this resolution, the convener of the newly formed ad-hoc committee, the defendant No.2, wrote to the former Chairman of the Mymensingh Dhaka Coach Malik Samity requesting them to hand over the organizational duties and function to the ad-hoc committee at 10-30 AM on 21-1-95. 9. I..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....rt and obtained the present Rule. 3. Mr. MA Matin the learned Advocate appearing for the petitioner submits that the trial court, upon consideration of the materials on record, found that the case holding being homestead is not connected with agriculture and the court of appeal below having not a...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ciding such question no decree can be passed. On perusal of the impugned order it does not reflect as to how the court below considered the alleged claim of the petitioners and misdirected himself in holding that the petitioners have not stated anything about their community of interest in the land ......ted anything about their community of interest in the land of Kalu without noticing the fact that Kalu without noticing the fact that Kalu is the son of Nalu and the petitioners put forward the claim over the land of Nalu and not the land of Kalu. The fact remains that since the petitioners claimed ..Category: Property Law | Date: | Hits: 47
....od of 120 days for which the detenu had been detained vide the order of the Government dated 6-11-93. The learned Advocate for the petitioner submits that in the face of the above order of this court holding the entire period of detention of 120 days vide order of the Government dated 6-11-93 as ill......eme Court
High Court Division
(Criminal Revisional Jurisdiction)
Present:
Naimuddin Ahammed J
Abu Sayeed Ahammed J
Nasima Akhter (Papi)........................Petitioner
Vs.
Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affa..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....7 of Mouza Guatala under district Madaripur originally belonged to Kailas Chandra Saha and others. R.S. and S.A. records accordingly were prepared in their names. As one of the co-sharers of the suit holding fell into arrear of rent, certificate case being No. 92 SA 1985/86 was initiated and finally......, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of l..Category: Property Law | Date: | Hits: 70
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....ce of the Court to show that the respondents of the instant leave petition had voluntarily retired and were not terminated; the High Court Division committed error in rejecting the review application holding that ‘question of termination in the garb of voluntary retirement was raised, considered a......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 73
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....ndant Nos.15-17, 18-20 and 23 also filed separate written statements and conÂtested the suit denying the claim of the plaintiff in the suit land. 5. The learned Assistant Judge dismissed the suit holding that the mother of the plaintiff could not get possession of the suit land on the basis of t......Das and Mohendra Lal Das. She was married to Zudhistir who died when he was a child. Sarju Bala was brought with him to her paternal house by her brothers and gave her shelter by constructing a house over R.S. Plot No.1821. Subsequently Jogendra transferred his share to his wife Sudha Rani on 14th F..Category: Property Law | Date: | Hits: 74
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....rs seek leave from this Court from the impugned judgÂment and order of the High Court Division in Civil Revision No. 248 of 2003. 2. According to the pre-emptors they are co-sharer tenants of the holding transÂferred to the pre-emptee respondent No.1 and no notice was served upon them about the......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....of the entire property, he gradually purchased the interÂests of temporary tenants and obtained khas possession of the suit land. Defendant No.5 made-constructions in the suit land, opened municipal holding and mutated the property in his name and in the name of his wife and inducted tenants therei......instiÂtuted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for decÂlaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 ..
Category: Property Law | Date: | Hits: 83
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... 5. We have heard the learned counsel for the petitioners and the learned counsel appearing for the caveators. It is contend on behalf of the petitioners that the High Court Division erred in law in holding that the writ petitionÂers have legitimate expectation to be appointÂed against the advert......llowed time but the Board with mala fide intention did not consider their case. 3. Petitioners contested the petition stating that Bangladesh Technical Education Board is a statutory Organization governed by Technical Education Act, 1967 and the Government made Regulation and Rules from time to t..Category: Employment/Service Law | Date: | Hits: 133
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....‘7, came to the conclusion: "From the evidences of P.Ws. 5‑7 we do not find anything which might lead the Court to disbelieve the contention of the plaintiff-Âpetitioner respondent." Upon so holding it further concluded that on the face of admission of P.W. 4 and P.Ws. 5‑7 who were good m......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
....y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor......hool) and others reported in 46 DLR 485. Mr. Nurul Amin by referring to regulations 7(1) and 7(2) of the Board of Intermediate and Secondary Education Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977, shortly Regulations, submits that the authority of t..
Category: Employment/Service Law | Date: | Hits: 66
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....€‘9-Â1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plain......tle Suit No.344 of 1997 in the 4th Court of Assistant Judge, Dhaka which on transfer to the 5th Court of Assistant Judge, Dhaka was renumbered as Title Suit No.80 of 1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners ..Category: Civil Law | Date: | Hits: 68
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