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Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....tisfied that – (ii) the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh;" 11. In doing so, Mr. Samad has argued that the Tribunal's interim award is wrongly premised upon the Tribunal's finding regarding there being no workable Letter of Credit and ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ....................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority, 43 DLR 1; Bangladesh Telegraph and Telephone Boar......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Khatian No. 42, C.S. Plot No.45 comprising an area of 1.75 acres of land originally belonged to Sabjan Bibi. She sold the same to Lal Mohammad as a result in the C.S. Khatian Lal Mohammad's name was recorded correct­ly in the possession column "possession by purchase", that while Lal Mohammad was ......or leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Old) at present khatian No.45 out of total area comprising 1.75 acres of land. 3. The facts of the case of the pl..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

....he tax on the basis of its return before filing of the application for settlement. The learned Counsel further submitted that the mean­ing of Section 152D(2)(a) of the Income Tax Ordinance, 1984 was wrongly inter­preted and laid unnecessary emphasis on the expression 'has been paid' as used in sub......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ...... appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......stance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by remov­ing kachha houses. 4. The case of the plaintiff, in short, is that the suit land appertaining to C.S. khatian No. 297/3 corresponding to S.A. khatians No. 283 of mouza Thumnia within the Police Station ..

Category: Property Law | Date: | Hits: 79

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....ion was under a mis­apprehension as to the finding on a mate­rial fact, or where the approach of the High Court Division is basically wrong, or important and crucial evidence has been overlooked or wrongly appreciated or misread in arriving at the finding leading to injustice, or involves an error......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......dra Loadh and Dhirendra Kumar Loadh and Raj Kumar Loadh died leaving three sons, Horendra Kumar Loadh, Jogendra Kumar Loadh and Monaranjan Loadh. Debendra Kumar Loadh died unmarried and his share was recorded in the name of original owner, Chandra Kumar Loadh and in the name some of their heirs at R......te this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......ed the Seizure List, Sketch Map and Surathal Report and sent the body for autopsy. He also applied for the statements of the arrested accused persons being Manik, Shibu, Krishna and Akhtar to be duly recorded under Section 164 of the Code. The I.O. in recounting the Section 161-statements given by a....... Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ion­ers are entitled to get seniority in the serv­ice from the date of their regularization and not from the date of the issuance of the order of the regularization and that the High Court Division wrongly made out a third case of discrimination though there was no act of discrimination committed ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......f the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ..

Category: Employment/Service Law | Date: | Hits: 81

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ....... He further submitted by reference to certain documents that in the instant case the accused had not been examined under section 161 of the Code of Criminal Procedure during enquiry. It has not been recorded anywhere, The belated deposition of PW 48 the Investigating Officer is an afterthought when...... matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ocate for the petitioners, next submits that the learned Sessions Judge while dealing with the application under section 436 CrPC exceeded his jurisdiction in entering into the assessment of evidence recorded by the Magistrate and himself arriving at a finding that prima facie case has been establis......olute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..

Category: Criminal Law | Date: | Hits: 89

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......ranted or by any authority in which he may be subordinate, or by any Magistrate of a district within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be, recorded in writing such officer, authority, Magistrate deems it necessary for the security of the p......s declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..

Category: Constitutional Law | Date: | Hits: 174

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......y found the body dug in the mud nearby and they could recognize the same as the dead body of Shahida. This witness said that on the information given by Abdus Sattar GD Entry No.791 dated 30.3.87 was recorded and UD Case No.29 of 1987 was started. The Assistant Sub‑Inspector Azizur Rahman was sent...... prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407....... 10(ka) of the Public Demands Recovery Act of 1913 be rescinded. The petitioner has annexed the photo copy of the petition marked as Annexure‑G to the Writ Petition. The General Certificate Officer recorded the order that "there was no specific objection in clear terms against the claim of the Ban......legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......ing that the plaintiff is not at all owner of the suit land and that it is the defendant Coronation Hall Committee which is the owner of the suit land and, accordingly, name of the defendant has been recorded in C.S. as well as S. A. Khatian as owner and possessor of the suit land including the Coro...... President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant) Vs. Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents) Judgment August 8, 2011. Cases Referred To- Abdul Kader Vs. Abdulla......he S.A. Khatian and the subsequent Khatians in consonance with the concerned C. S. Khatian (Exhibit-'Uma')by recording the name of the government represented by the Ministry of Public Works, in khash khatian. 34. Besides, appropriate direction should also be made in view of the decision of the a..

Category: Property Law | Date: | Hits: 89

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......respect of the suit property and that she was illiterate. 10. Defendant Respondent having purchased the suit land as per registered sale deed Ext.A initiated mutation proceeding to have their name recorded in the Govt. Acquired Estate and that proceeding which was initiated in the year 1967 and i...... Majid, Advocate ‑ For the Appellant Khandakar Saiful Huq, Advocate ‑ For the Respondents. Second Appeal No.26 of 1977. Judgment Syed Fazle Ahmed J.- This second appeal is directed against the judgment and decree passed by Additional District Judge, Pabna in Other Class Appeal No.35 ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..

Category: Procedural Law | Date: | Hits: 105

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....63 of CS Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on the allegations, inter alia, that the petitioner was the owner of the said land bill. In the last ROR operation the said land was wrongly recorded in Khatian No.1 in the name of the government as khas land. The opposite party No.1...... Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on the allegations, inter alia, that the petitioner was the owner of the said land bill. In the last ROR operation the said land was wrongly recorded in Khatian No.1 in the name of the government as khas land. The opposite party No.1 claimed......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..

Category: Property Law | Date: | Hits: 68

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......s found unsatisfactory an Enquiry Committee was duly constituted. The petitioner appeared before the Enquiry Committee and the Enquiry Committee duly held enquiry. It examined the relevant papers and recorded the statements of the witnesses who appeared before it and found the petitioner guilty of t......o legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624 of 1968. Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal N......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....i continued to remain in possession of the entire land. It is further stated in the plaint that 1.28 acres of land described in schedule 'Cha' to. the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendant in rent roll Khatian and taking advantage of the ......o remain in possession of the entire land. It is further stated in the plaint that 1.28 acres of land described in schedule 'Cha' to. the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendant in rent roll Khatian and taking advantage of the wrong entry i......r as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91