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Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

.... lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may deem fit and proper. 2. The petitioner in his writ petition has stated that by a registered deed of Endowment dated 25-9-1903 the properties as mentioned in the schedule of the said......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ..

Category: Property Law | Date: | Hits: 85

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

.... submitted charge sheet (Annexure-E) against the petitioner under section 25B of the Act. The case record was transmitted to the Special Tribunal consisting of Sessions Judge, Sylhet and the case was registered as Special Tribunal Case No.96 of 2003 and formal charge was framed on 25-6-2003 against ......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......dents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (AD) 232; Md. Idris Vs. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....at her husband had been possessing the said land since his purchase seven years back from accused Shyama Kanta Das and his two brothers Nishi Kanta and Abani Kanta though transfer deed was yet to be registered, that there held a salish about the registration of land and they have enmity towards the......examination he admits that he did not see the occurrence. 19. P.W.11 Md. Dadu Miah, Police Constable carried the dead body of Makhon Chandra Das to Moulvibazar morgue. He states that after holding post-mortem examination he handed over the dead body to the relatives of Makhon Chandra Das. Defence......Dinanath Sundraji Ravte Vs. Emperor, 60 IC 1006; Khetal Vs. Emperor, AIR 1923 All. 352; Tara Vs. King Emperor, AIR 1924 All 72; Nazir Vs. State, PLD 1960 Lah. 189; Babor Ali Mollah Vs. State, 44 DLR (AD) 10; Abdul Jabber Vs. State, PLD (1964) Supreme Court 81; Mohd. Luqman Vs. State, PLD 1970, Supre..

Category: Criminal Law | Date: | Hits: 75

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

....re: (i) the cheque should have been presented to the bank within six months of its issue or within the period of its validity whichever is earlier; (ii) payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (iii) that the drawer should have failed ......e. It is significant to note that clause (b) of section 141 gives it a restrictive meaning is that, it refers to only one fact which will give rise to the cause of action. Section 138 and 141 clearly postulates only one cause of action and there is no legal scope for successive cause of action. The ...... and another……………………Opposite Parties Judgment February 23, 2009. Result: The Rule is made absolute. Cases Referred to- SM Anwar Hossain Vs. Md. Shafiul Alam, 51 DLR (AD) 218; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Sha..

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....together with profit against respondent Nos. 3-8 and also for compensation. The petitioner also for prayed for extension of lease by one year. 5. Upon receipt of the memorandum of dispute same was registered as dispute case No.10 of 1988 under section 86 of the Ordinance. That the respondent No.1......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....victory by corrupt practice. 4. The election petition was duly forwarded to the District Judge and Election Tribunal, Barisal by the respondent No.1, the Bangladesh Election Commission, and it was registered as Election Case No.5 of 1996. Subsequently when an election tribunal was constituted by ......on, 27-4-98 for scrutiny, 6-5-98 for withdrawal of candidature and 24-5-98 for poll. 7. On 21-4-98 the petitioner through his learned Advocate issued notice upon the respondent No. 1 requesting to postpone the election of the constituency No.125, Barisal 5 and not to hold it during the pendency o......lt: The Rule is discharged. Cases Referred to- Abu Ala Maudoodi Vs. Misbahul Islam Faruqul, 17 DLR (SC) 209; AIR 1921 (PC) 240; AIR 1955 (SC) 161; 18 DLR (SC) 69; Shah Alam’s case, 41 DLR (AD) 68; Fazlul Kader Choudhury Vs. Md Abdul Haque, 18 DLR (SC) 69; Lutfar Rahman Vs. Election Commis..

Category: Election Law | Date: | Hits: 162

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....Rajshahi Division, Rajshahi, under section 8 of the IRO, 1969 (herein after shall be called as the Ordinance) for registration of the said union. The petitioners, Pabna Motor Employees Association, a registered Union, registered on July 27, 1939, resisted the application on various pleas including t......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....tter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annexure ‘W’ dated 4.8.87 is a registered letter with A/D given to Mrs. Rehana Ahmed by the Director of the company giving a notice......ng of the Board of Directors of the company held on 5th March, 1986 wherein both Mrs. Rehana Ahmed and Mrs. Shahana Ahmed appeared and put their signatures on the resolutions. Annexure "7' is the two postal receipts showing the issuance of notice to Mrs. Rehana Ahmed and Mrs. Shahana Ahmed. Annexure......IR 1956 (SC) 213; Ripon Press and Sugar Mill Co. Limited Vs. V Gopal Chetti, AIR 1932 (PC) 1 and Motiur Rahman Vs. May Industries Ltd., 37 DLR 41; Bengal Water Ways Ltd. Vs. Rahimuddin Ahmed, 34 DLR (AD) 47; Cine Industries and Recording Co. Ltd., AIR 1942 (Bombay), 23 1; Pioneer Bank Ltd., AIR 1914..

Category: Company Law | Date: | Hits: 233

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ommission. This department is under the Ministry of Defence, the respondent No.3. He was appointed under the Regional Director, Regional Meteorological Centre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as De...... The Rule is discharged. Cases Referred to- L Chandra Kumar Vs. Union of India, AIR 1997 (SC) 1125; Sampath Kunzar Vs. Union of India, AIR 1987 (SC) 386; Bangladesh Vs. Saifuddin Ahmed, 3 BLC (AD) 6; Mujibur Rahman, 44 DLR (AD) 111. Lawyers Involved: Rafique-ul-Huq with M Moniruzzaman K..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....iny rejected the nomination paper the respondent No.7 vide order dated 2-9-92. The respondent No.7 thereafter preferred an appeal in the Court of Thana Magistrate, Mehendiganj and the said appeal was registered as Union Parishad Election Appeal Case No.17/92. The Thana Nirbani Officer heard and disp......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... 1997. Result: The Rule is discharged. Cases Referred To- Presiding Officer Vs. Sadaruddin Ansari and others, 19 DLR (SC) 516; AFM Shah Alam and others Vs. Mujibul Huq and others, 41 DLR (AD) 68; Rafiqul Alam (Md.) Vs. Mustafa Kamal and others, 42 DLR (AD) 137. Lawyers Involved: P..

Category: Election Law | Date: | Hits: 154

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....unfinished construction of his house on plot No.45, Road No.7, Sector-4 at Uttara Model Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents in fa......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......n availed of by him by applying the discretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... Kader and Sk. Saizuddin. 3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....dul Amin Chowdhury J.- This application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners ......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....aint belonged to Raja Promotho Bhuson Deb Roy Bahadur (briefly as Raja) who settled 0.1½ acres of land from plot No.254 to Ovimannaya Malo who subsequently transferred the same to the plaintiff by a registered kabala deed dated 26-4-1948. On 7th Chaitra 1356 BS the plaintiff took pattan of total 0.......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......arged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BLD (AD) 156 = 51 DLR (AD) 228; 38 ..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ...... brother Abdul Mannan Tarafder appearing before the Magistrate, 1st Class Chandpur had sworn an affidavit on 3-7-1963 correcting his date of birth as 3-1-1945; that thereafter when he applied for the post of B.Com teacher, in his application he recorded his date of birth as 3-1-1945 and on the basis......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ...... Kumar Das was entrusted with the investigation of the same, who went to the house of the accused and made inquest of the dead body of the deceased at 4-05 PM and sent the dead body to the morgue for post mortem examination for ascertaining the cause of death. He seized one orna, a revolving chair a......¦â€¦â€¦â€¦â€¦Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD) 362 = 6 BLC (AD) 1, Elais Hossain Vs. State, 54 DLR (AD) 78; Golam Mortuza Vs. State, 2004 BLD (..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....ff nor plaintiff got any interest pursuant to the said so-called Bainapatra allegedly executed by defendant No.1. Further the defendant No.1 asserted that he already transferred 0.13 acres of land by registered deed of gift, dated 4-2-1995, in favour of his son Badsha Molla out of suit plot No.1193 ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Bashiruddin @ Abul Kalam Azad, 39 DLR (AD) 237; Biplob Chandra Das Vs. Biran Chandra Das, 52 DLR 586; Zahid Ali Vs. Jamini Kanta, 1987 BLD ..

Category: Procedural Law | Date: | Hits: 120

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

.... mutated by CO (Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registered sale deed dated 4‑1‑75.1bereafter, the plaintiff‑petitioner got her name mutated an......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......e absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul Alam, Advocate ‑ For the Petit..

Category: Property Law | Date: | Hits: 84

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....espondents to his election petition all contesting candidates, and any other candidate against whom any allegation, if any, of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of his petition. In the present case the petitioner h......to his election petition all contesting candidates, and any other candidate against whom any allegation, if any, of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of his petition. In the present case the petitioner has impleade......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..

Category: Election Law | Date: | Hits: 247

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......st in this respect. It reads as follows (Annexure-B to the Writ Petition No.4040 of 2007):— No. SGA/RI/1S-33/69/71 (350), dated Dacca, the 28th March, 1969. Subject: Conversation of temporary posts into permanent ones and contingent and work charged staff into regular establishment. In su......ladesh Soya-Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management and Relief, 22 BLD 378=6 BLC 681; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury, 22 BLD (AD) 199=7 BLC (AD)144;Golam Mostafa Vs. Bangladesh, 2007 (XV) BLT (HCD) 128. Lawyers Involved: ..

Category: Employment/Service Law | Date: | Hits: 208