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Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....eady withdrawn the excess money against the works done in respect of groups D/1, D/2, E/1, E/2, E/3, F/1 and F/2. In sup­port of his contention Mr. Mahbubey Alam has taken us to the exhibits and the local investigation reports and submits that these reports have been managed by the plaintiff on an ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....fficer’ may at any time before the publication of final record‑of‑rights, direct that any portion of the proceedings referred to in rules 28‑32 in respect of any district, part of district or local area shall be cancelled and that the proceedings shall be taken up fresh from such stage as he......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

.... Tk. 2,000.00 from P.W.2 Rezia Khatun for not transferring her to an unfavourable station from her present place of posting. 11. It appears that before the trial Court the prosecution examined the local Family Planning Officer, Rezia Khatun as P.W.2 and she deposed that on 6th March, 1989 the app......earned Advocate submits that excepting P.W.2 none of the prosecution witnesses has stated that this witness came to the office of the appellant on 7.3.89 or she was found in the office premises by anybody on that date or she had a meeting with the appellant either on 6.3.89 or on 7.3.89. So exceptin..

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619......., that by suppression of facts the petitioner got his examination centre transferred to Babuganj. Signature of Md. Ishaque appearing in the answers scripts of Physics paper II of the petitioner was nobody to the examination centre. The signatures of Hall Inspector appearing in the answer script of B..

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... the person of Mafiz by a rod. When witness Shahjahan went to help the deceased, accused Pervej gave a ramdao blow on his head causing bleeding injury. Accused Chhalu and Dulal caused injuries on the body of Shahjahan with rod. When witness Angur went to rescue the deceased, accused Dhan Miah gave a..

Category: Criminal Law | Date: | Hits: 52

Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......-2001. 6. The petitioner who was respondent No.3 in the Writ Petition contested the Rule by filing affidavit-in-opposition stating, inter alia, as under: (a) Writ respondent No.3 is a statutory body created under P.O. 27 of 1972 and Pabna Sugar Mills Ltd. is a nation­alized enterprise under i..

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

Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)

....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......rs including other staff within 1(one) month from the date of receipt of the judg­ment. The High Court Division observed that the petitioners have been working after being appointed by the governing body in accordance with law in their respective colleges and, therefore, they are legally entitled t..

Category: Employment/Service Law | Date: | Hits: 47

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

.....1 Nowab Ali the plaintiff No.1 deposed that they are in continues possession in the suit land by paying rent to the government. His evidence regarding possession were corrobo­rated by the other two local witnesses. Although they were extensively cross examined by the defendants but noth­ing could......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...

Category: Procedural Law | Date: | Hits: 57

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

....ic servant as: "a person in the service of the Republic and includes a Chairman, Vice‑Chairman, director, managing director, trustee, member, commissioner, teacher, officer or other employee of any local authority, statutory corporation, including a university, or any other body, authority or orga......an, Vice‑Chairman, director, managing director, trustee, member, commissioner, teacher, officer or other employee of any local authority, statutory corporation, including a university, or any other body, authority or organisation constituted or established by the Government or by or under any law..

Category: Employment/Service Law | Date: | Hits: 67

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......ommitted suicide by hanging inside the eastern bhiti hut of the appellant. On getting this information the officer‑in‑charge of the police station went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries..

Category: Criminal Law | Date: | Hits: 66

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ...... 3.12.91 (Annexure E) rejected the application of the petitioner. 6. Section 4(3) of the Local Government (Union Parishads) Ordinance, 1983 provides as follows: "Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions..

Category: Election Law | Date: | Hits: 129

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......o another question, she said that after hearing the sound of thumping of feet of the deceased she went into her room and saw the deceased moving from one direction to another and hitting her head and body against this and that and sustaining injuries on her head and body. She further stated that aft..

Category: Criminal Law | Date: | Hits: 51

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

.... in the UK. Its head office is in West Niles, Glasgow. The seat of its Board of Directors is there. So, the company is controlled from the UK. True, it carries on its Bangladesh operation through its local staff and employees, but they are subject to the control of their UK registered office. For th......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......peace. When he reached the place of occurrence, he saw Razzak Fakir lying dead but he did not see the accused. The informant told, Fazal Fakir stabbed Razzak. Then, he and Shorab Mollah took the dead body and kept at the bank of the pond. 13. PW 6 Pannu Fakir, the injured testified that on 29 'Bh..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....edy is provided by law‑ (a) on the application of any person aggrieved, make an order‑ (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that whic...... (b) any property which is in the possession or under the control of the Government under any law for the time being in force. Explanation : "Person who is not present in Bangladesh includes anybody or persons or company constituted or incorporated in the territory or under the laws of a State..

Category: Property Law | Date: | Hits: 75

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

....n the ground that the Court had no territorial jurisdiction to entertain the suit, of which the cause of action arose in the head office of the samity lying within the territorial jurisdiction of the local 6th Court of Assistant Judge. The learned Judge heard both sides and by his order dated 16.2.1...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..

Category: Civil Law | Date: | Hits: 104

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

.... to promote such public benefit, etc., especially where the interests involved are of considerable magnitude, and it is sought to use the power in order that the natural resources and advantages of a locality may receive the fullest development in view of the general welfare". In Hamabai Frangee Vs.......volved in these appeals are whether, an acquisition proceedings would abate under section 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date..

Category: Property Law | Date: | Hits: 93

Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)

....nd documents and the opposite party filed C.R. Case No.24 of 1992 in the Court of Sadar Thana Magistrate, Perojpur; that after that incident the complainant-oppo­site party through his relations and local distinguished persons asked petitioner to come back to his house but she at the instance of he......above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..

Category: Criminal Law | Date: | Hits: 165

Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)

.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... the point and notes that the petitioner wrongly preferred the appeal before the Administrative Tribunal as the schedule to the Administrative Tribunal Act, 1980 does not contain the statutory public body বগুড়া পল্লী উন্নয়ন একাডেমি. The same legal aspect..

Category: Employment/Service Law | Date: | Hits: 64

Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)

....o had thrown away the pipe gun to the western side of a nearby garden of one Gahor. The informant caught hold of him with the help of his companions. They recovered a pipe gun from him in presence of local witnesses. 3. The police on completion of the investigation submitted charge sheet against ...... on the seizure list at the instance of the Daroga. P.W.s. 8 and 9 were tendered. Other witnesses are from different places of the locality and they made contradictory statements in their evidence. Nobody from the locality was examined as witness in this case. 10. On perusal of the evidence we ho..

Category: Criminal Law | Date: | Hits: 76