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Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......ned Subordinate Judge that the ownership of the 'Ka' scheduled lands was not handed over to defendant No.1 was based on total misreading of the plaint; the learned Subordinate Judge was also wrong in holding that defendant No.1 was not legally entitled to enjoy the market without payment of the valu..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....e Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question regarding the benami t......as a benami or not and that issue having not been framed by the trial Court, the lower appellate Court illegally decided the appeal contrary to the provision of Order 41, Rule 31 of the Code on merit holding that the transaction was not a benami one. The contention is misconceived. In deciding wheth..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the di......nction in that suit and the appeal of the plaintiff against the decree was also dismissed. The plaintiff acquired no title under the kabala from Ataul Huq. 4. The learned Munsif dismissed the suit holding that Md. Rafique was the legal heir of Sirajul Huq and not Ataul Huq. Against that decree th..Category: Property Law | Date: | Hits: 103
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....iven by him but not others. His evidence as regards the occurrence appears to be otherwise uniform and straightforward. In the instant case, the fact that the death of the victim was unnatural is not disputed and it gets full support from the evidence of the doctor P.W.6 Rezaul Karim and his post‑......ted from the charge levelled against them and they shall 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) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....g cross-examination by defence, nothing could be elicited from this witness for the benefit of the defence. However, he has stated that he came to learn that Civil cases are pending in respect of the disputed Shaymahar Dighi and none of the parties showed any paper in respect of thereof to him. 2...... rod, dealt a blow on his head causing severe injury. Other accused persons being armed with lathi and other weapons inflicted assaults on others who accompanied the deceased. Accused Ashraf was also holding a gun with him at that time. Then Togor was taken to Naogaon hospital by ambulance when the ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......uest report, Ext. 2 that the miscreants of Keraniganj Police Station chopped Ratan and in that injured condition he was taken to Mitford Hospital for treatment by one Ashraful and that at the time of holding inquest one Md. Moinuddin, a maternal uncle of the deceased, identified the dead body but ne..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ot entitled to get anticipatory bail. Merely because a person is respectable, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid due course of the law to appear before the Courts b..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
.... and figures than those of the remaining portion of the said letter and the same have been surreptiously inserted subsequently by some interested quarters. In these References we cannot decide such a disputed question. We would assume that the said letter of authority was given to the said officer o...... systemic deficiencies the conduct of trade which may have contributed to the recent abnormal fluctuations in the prices in securities in the market and shall submit its findings to the SEC.” After holding enquiry the said Committee submitted its report on 27-3-97 to the SEC. From Chapter V of the..Category: Business or Commercial Law | Date: | Hits: 219
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......twali Chittagong. Their further case is that in the Certificate Sale it was wrongly shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving any notice to the..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....n Act. So the proceeding of the case cannot be said abuse of the process of the Court. 12. Now the question is whether the petitioner as a member of the Parliament was a public servant or not. Undisputedly the petitioner was the member of the Parliament at the material time. As a member of the ...... RAB personnel in a drive recovered 8 feet length 73 sheets and 18 cut pieces of 8 feet length 6 sheets of Government relief corrugated sheets (CI sheets) from the roof of Baitul Mamur Jame Mosque at holding No.108/1/A of Bhagalpur Lane. On query he came to know that the petitioner, former Parliam..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......িবেন। Accordingly the petition of complaint was sent to the Officer-in-charge, Shahbagh Police Station. On 5-12-2006 at 16-30 hours police recorded the first information report without holding any investigation or inquiry as directed by the learned Chief Judicial Magistrate, Dhaka. It..Category: Criminal Law | Date: | Hits: 132
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......velopment Board by relieving him from the post of Section Officer (Protocol) and, as such, the Rule is liable to be discharged. 7. The whole argument of Mr. B Hossain is that the petitioner though holding the additional and current charge of a post equivalent to a Section Officer since 1988 canno..Category: Employment/Service Law | Date: | Hits: 184
....tries in the Gazette Notification does not absolve the Government from denying the facts alleged by the claimant or from disclosing the basis of treating the property as abandoned property when it is disputed. Section 5(2) of the Ordinance clearly provides that the list published under sub-section (...... provide any principle or guideline for the exercise of discretion by the Government when it proposes to retire a Government servant from amongst a group of Government servants similarly situated and holding similar jobs, there invariably exists the scope for arbitrary exercise of such discretion.
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Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......itioner was appointed as Adjutant General of the Bangladesh Army in 1977 with the rank of Brigadier and was Chairman of the Governing Body of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the dispo..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......e appellant canvassed that cognizance of a complaint by private person could not be taken without the prior sanction of the appropriate authority and the High Court Division committed an error by not holding that such prosecution is illegal. Mr. Fazlul Karim drew our pointed attention to the backgro..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......" 9. Being aggrieved by the judgment and order of the High Court Division the defendant-appellant moved this Court and obtained leave to consider whether the High Court Division was right in not holding that the executor of the will had abandoned his claim for propounding the will and whether, ..Category: Property Law | Date: | Hits: 80
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....rmally occur, this ideal level of capacity is almost never used to set predetermined overhead rates. Practical plant capacity represents the theoretical capacity less unavoidable timeless." It is not disputed that the duty of excise is leviable on actual production of the excisable goods. The Govern......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
...., endorse on the application and each of the representations a brief statement of the novelty he claims for this design." 18. It is our opinion that to determine the novelty and originality of the disputed design, it needs to be looked at as a whole to see whether the 'show cap' materially affect......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... was transferred to the defendant No.4 and this mutation Khatian coupled with the inspection report dated 20‑10‑96 conclusively proved that the defendant opposite parties are in possession of the disputed land and, as such, the learned appellate Court below after admission of the appeal rightly ......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
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