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....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.
......ses of the “Mandir” the properties were let-out to one Sree Hardeo Gonesh Narayan Todi wherein he established a factory in the name and style Hardeo Glass, Aluminium, Enamel and Silicate Works at holding Nos. 43/1, 43/2, 43/4 and 1/5, Hatkhola Road. He also used the holdings being holding Nos. 2..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....mpany in 1950 and Rema Tea Company in 1951 with the sale proceeds of the property in India. His father died on 4-7-69. He had several houses in India and he sold the same in 1947-48. 10. It is not disputed that defendant No.1 alone applied to the DIT for allotment of a plot at Gulshan in 1960 and......tiff has preferred this appeal. 5. Mr. Khandakar Mahabubuddin Ahmed, learned Advocate appearing for the plaintiff- appellant, submits that the learned Subordinate Judge has fallen into an error in holding that the plaintiff did not adduce any oral or documentary evidence to show joint fund or joi..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
.... is a statement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the Special Tribunal wherein the Special Tribunal Case is......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
..... He further admits that accused Niranjan Malaker is the only eyewitness to the alleged occurrence of murder. 23. This is all about the prosecution evidence. The death of Makhon Chandra Das is not disputed. We have already discussed the evidence of Medical witness namely, P.W.12 Dr. Md. Shahjahan......n cross-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...Category: Criminal Law | Date: | Hits: 75
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....on as it reaches a finality with gazette notification. But in case of pendency of an election dispute there will be no such finality and no vacancy will legally occur to the parliamentary seat of the disputed constituency till the dispute is settled finally. As a result without a seat being vacant t......ion. It is complained by the petitioner that the respondent No.1 Bangladesh Election Commission, knowing fully well that the Election Case is pending before the Tribunal, issued Election Schedule for holding by election vide Notification No.নিফস/পিং/জাঃ সাং-২৯/৯৮/..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......cial Court No.1, Dhaka by the impugned judgment and decree. The learned Subordinate Judge on due consideration of the materials on record affirmed the judgment and decree passed by the learned Munsif holding that the impugned order of dismissal dated 27-9-82 was passed before the conviction order da..Category: Employment/Service Law | Date: | Hits: 182
....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.
......C to this petition) leading to filing Appeal No.17 of 1986 under section 80) 6f the Ordinance by the respondents 4 and 5 before the respondent 2 who, after consideration of all material documents and holding spot enquiry in the matter, held that all drivers of the Pabna District separated themselves..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......d of the company by the respondent No.2 at the cost of the petitioners. 8. On 1.9.85 Md. Ashraf Ahmed died leaving behind the petitioners as his only surviving legal heirs. The petitioners are now holding in total 4,600 shares out of total 17,000 shares in the company ‑ In the Board of Director..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. ......titioner. So he is eligible for appointment as Director. The petitioner further claims that he is entitled to get promotion in preference to respondent No.4, the other Deputy Director, as he has been holding the post of Director for the last six months with the full satisfaction of all concerned. Th..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....ed before one can obtain any relief under Article 102 of the Constitution for the remedy provided by this Article is not intended to be a substitute for the ordinary forms of legal action. It is undisputed that the present petitioner filed an Election Petition on 2-1-93 before the Election Tribun...... of the said Union Parishad on the allegation that the respondent No.7 having been a Government servant contested the said election. But the Chief Election Commissioner ultimately rejected the prayer holding that the same point could be agitated before the Election Tribunal. 3. The result of the ..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......show cause as to why the impugned judgment and order dated 20-11-2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka in Metropolitan Criminal Revision No.484 of 2001 upholding the judgment and order dated 16-9-2001 passed by the learned Chief Magistrate, Dhaka in Sutr..Category: Criminal Law | Date: | Hits: 79
....
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.
......
8. In support of his submission that the agreement for re‑transfer must be registered he relied on section 95A of the State Acquisition and Tenancy Act, 1950. It provides that any transfer of a holding or of portion or share thereof either by way of an out and out sale with an agreement to rec..
Category: Property Law | Date: | Hits: 78
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......itration proceeding is totally misconceived and award in question is beyond the agreement. He further submitted that the learned Arbitrators acted beyond the contract agreement in passing the award holding that in column 4 of financial offer form there is a bona fide mistake regarding number of ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......f‑petitioners without recording any finding to the effect that the suit is not triable by him. Mr. Khan further submits that the learned Assistant Judge erred in law in returning the plaint without holdings any enquiry to ascertain the correct valuation of the suit in terms of sections 8C and 8D o..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....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. ......4 was given to a hat for its extension. On the other hand, the defendant No.7 claimed that he also took settlement of 0.87 acres of land from the schedule property. The trial Court dismissed the suit holding that the plaintiff could not prove the oral settlement and the kabala deed in favour of him...Category: Property Law | Date: | Hits: 98
State Vs. Azam Reza, 2008, 37 CLC (HCD)
.... she was done to death. The learned Deputy Attorney-General further submits that it is a wife killing case. The wife was done to death, while he was living with her accused husband in his bed room. Undisputedly the accused was present at the material time. He knew how his deceased wife met with deat......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. ..Category: Criminal Law | Date: | Hits: 114
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... the Constitution as these respondent Nos. 3‑5 do not perform any function in connection with the affairs of the Republic, as such, they cannot be directed to attend the Parliament session. It is undisputed that the respondent Nos. 3‑5 have been elected as members of the Parliament and that Arti......ocratic activities of a member of Parliament. It is stated that in the 2nd Session of Parliament respondent No. 5 submitted a bill for Parliamentary form of Government incorporating the provisions of holding elections under caretaker Government which is not supported by the major parties and, as suc..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....voking writ jurisdiction under Article 102 of the Constitution, more so when allegation of political consideration for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall no...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....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. ......ner has impleaded all the necessary parties mere impleading the Returning Officer and the Assistant Returning Officer or so to say misjoinder of these the petitioners cannot by itself be a ground for holding that there was total non compliance of the provision of Article 50 of the Order. Furthermore..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. ......rison and number prisoners were charged with offences of breach of discipline and they were variously punished. An allegation of bias was raised and their punishments were challenged. Lord Diplock in holding the legitimate expectation of the prisoners, said (Page. 275 C F):— "It is not, and i..Category: Employment/Service Law | Date: | Hits: 208
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