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Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......d Advocate submits that this right to the remuneration and the privileges guaranteed to the Judges had been achieved as result of a long struggle between the King on the one hand and the people of England, on the other, through their representatives in the Parliament, firstly, by the Bill of Rights,..

Category: Employment/Service Law | Date: | Hits: 99

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......ers' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the first Court of Munsif, Sadar, Dinajpur for declaration of their title to 10.10 acres of the suit land. The suit was renumbered as Title Suit No.7 of 1985 in the Court of Munsif, Chirir Bandar, The ..

Category: Property Law | Date: | Hits: 50

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......appeals involving short sentences the High Court Division should dis­pose of the appeals expeditiously or release the persons on bail. These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It ma..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......8-­95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in..

Category: Property Law | Date: | Hits: 64

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

....ing to confer any advantage on or by procuring or offering to procure any advantage for, such person or any other person; or (d) compel (or attempt to compel) the employer to sign a memorandum of settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injur...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361......., not this petitioner; (5) that the sale of shares of the said company upon revaluation is permissible under the law as well as the same has not been treated as an offence under any of the law of the land and (6) that, in two other similar cases being Criminal Miscellaneous Case No. 26562 of 2009 an..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......is application dated 9.9.80 for issuance of a Bank Guarantee for TK. 6,50,000/- for a period of one year to transact the normal business of defendant No. 1 with Bangladesh Biman offering 15 Kathas of land as counter guarantee which valued at Tk. 15,00,000/- under Mouza Gulshan adjacent to Road No. 8..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......e no objection if the petitioner is allowed to deposit the monthly rent of the case premises in favour of the opposite parties with the House Rent Controller, Narayanganj without any prejudice to the land lord. I have heard the submissions of the learned Advocates and perused the civil revision a..

Category: Property Law | Date: | Hits: 105

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....the Petitioner to the Opposite Party on 27.5.2009, 8.10.2010 and that in the form of a legal notice on 7.12.2010. These reveal a sustained effort over time by the Petitioner to arrive at a negotiated settlement prior to invoking the arbitration mechanism in the Guarantee by the issuance of the Notic......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ndamus could be issued in favour of such persons. At this juncture, it will be proper to refer to the decision of constitution Bench of this Court in Rai Shivendra Bahadur Vs. Governing Body of the Nalanda College (AIR 1962 SC 1210). That case arose out of a refusal to promote the writ petitioner th..

Category: Employment/Service Law | Date: | Hits: 145

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ...... by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local in­vestigation of the suit land. 2. The short fact that will be necessary for the disposal of the Rule is that, the plaintif..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....d that the said Article, though, requires that every scheme prepared under clause 3 of Article 9 shall be submitted for approval to the Government with a statement of proposal by the Board for the re-settlement or re-housing, if necessary, of persons likely to be displaced by the execution of the sc......4, the petitioner is Sekandar Ali Mondol, a farmer, living in the village of Khaladbari under Police Station Tangail Sadar in the District of Tangail for generations and owns small piece of ancestral land, part of which he uses as homestead and part for cultivation for subsistence and cash earning o..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......o transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatian No.1251/1 in h..

Category: Civil Law | Date: | Hits: 65

Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)

....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ...... Civil Procedure. The learned Advocate further submits that he has no objection if the remand is open remand without any finding that the plaintiff has been able to prove their possession in the suit land. 5. Mr. Syed Ziaul Karim, the learned Advocate appearing for the plaintiff-opposite party, d..

Category: Procedural Law | Date: | Hits: 72

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......t of the opposite parties, Abdul Hashim instituted Misc. Case No.134 of 1970 against the petitioner and others in the 4th Court of Munsif (now Assistant Judge), Habiganj for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, claiming to be a co‑sharer by purc..

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......Placing order with be surety no property was shown or given so that in case of success of the present petitioner in the suit and in case of failure of the opposite party to pay the amount awarded the land mentioned in the security may be produced upon. The learned Advocate contends that the alleged ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

.... property in the ‘kha’ list (Annexure-G-G-1). The said application was registered an complained case No.1159 of 1982 in the Second Court of Settlement, Dhaka. During the pendency of the aforesaid settlement case the predecessor of the petitioners died on 15-4-89 living behind the petitioners as ......estion is not in the list of the abandoned property. 3. Permission to transfer the house was given to the original lessee by memorandum No.KH‑8/81/2167/1 (3) dated 30-4-81 (Annexure-c). The case land was transferred in favour of the predecessor of the petitioner on 27‑7‑81 by registered sal..

Category: Limitation Law | Date: | Hits: 175

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......ation with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern Residential Project” and started development of lands on 119 acres for the purpose of allotments of plots measuring ½ ‑Kathas, 5 kathas, 7 kathas..

Category: Criminal Law | Date: | Hits: 105

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......aside judgment and decree dated 13-12-77 passed by the Munsif, Satkania, Chittagong in Partition Suit No.34 of 1973. 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land ..

Category: Civil Law | Date: | Hits: 86

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....milla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plaintiff is that the suit land originally belonged to Maharaja of Tripura who subsequently made a settlement of the same to Nibaran Chandra Ganguli by a registered patta dated 23‑9‑1938 and that......Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plaintiff is that the suit land originally belonged to Maharaja of Tripura who subsequently made a settlement of the same to Ni..

Category: Property Law | Date: | Hits: 59