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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....stice constituted this Full Bench by order dated 16‑6‑2004 to resolve the issues. 11. At the hearing of the Rule, Mr. MI Faruqui, the learned Advocate appeared for the petitioner. On the other hand, the learned Attorney‑General appeared for the respondent No.1, Mr. Abdul Razzaque appeared f......the question arises whether such amendment in effect is ultra vires of the Constitution being destructive of one of the fundamental features of the Constitution namely, the democracy. We have already noted that the impugned Act created a new Chapter being Chapter IIA in the Constitution under the he..

Category: Constitutional Law | Date: | Hits: 215

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....Police Station against respondent No.2 alleging that the latter had stolen away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the cust......ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..

Category: Criminal Law | Date: | Hits: 111

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....roperty is de­tained to the owner and here only certain right in the moveable property is transferred to the persons in whose favour the property is hypothecated. When the goods themselves have been handed over to the Bank in whose favour the document has been executed by way of security, the goods......t. The respondent G.M.G. Corporation Ltd. took a loan of Tk. 90,00,000/-(Taka ninety lacs) from the Bank of Credit and Commerce Ltd. securing the loan by execution of duly stamped demand promiss­ory note and hypothecation of goods. The Bank asked for collateral/auxiliary security being further assu..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....i and ors., 53 CWN 678; Nishi Kanta Das Vs. Jnanendra Nath Mondal and ors., 57 CWN 253; Biswaswar Roy Vs. Joytennessa and ors, 13 DLR 287; Abdus Sattar Mallik Vs. Younus Mallik and ors., 12 DLR 849; Chandra Kole and ors. Vs. Mohilal Kole and ors., 58 CWN 1000; Girija Nath Mondal Vs. Ahmed Ali, 50 CW......ther held that "if a reconveyance has been taken already and the land has gone back to the original owner there is no question of enforcement of the right of pre-emption". The learned Judge has taken note of the contrary view expressed by Rahman, J. in the case of Abdus Sattar Mallik Vs. Younus Mall..

Category: Property Law | Date: | Hits: 77

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

....f an Audit Commissioner and inspection into the account will not take much time and if any direction as sought for is given, it will not affect the interest of the respondent-bank. 8. On the other hand Mr. Md. Imam Hasan, the learned Advocate appearing for the respondent-bank vehemently opposes t...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....ed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......’ (11) Tejgaon Industrial Area, Dacca and the Chief Ad­ministrator of the Masood Reza Group of Industries. K. A. Zaman Secretary Ministry of Industries". This notification, it may be noted, mentions the earlier notification dated 18-2-72, which, along with an earlier notification is..

Category: Others | Date: | Hits: 154

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....1.1998. That it is stated that Khanepur Mouza covers a vest area of said Union containing 9155 population out of total 27.613 population of the Union and most of them are cultivators and on the other hand 90% of revenue of said Union are collected from Khanepur Mouza inasmuch as the curtailing of Kh......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 190

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....lls for interference by this Court. 19. In the result the Rule is made absolute. The SCC Suit No.9 of 1986 of the Court of SCC Judge Sadar, Dinajpur is hereby decreed. The defendant is directed to hand over possession of the suit premises to the plaintiffs within 90 days failing which the plainti......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..

Category: Procedural Law | Date: | Hits: 74

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320....... allotment of shares to all the parties including the heirs of the deceased defendants may not be conveniently made by the Pleader Commis­sioner. But it is a matter for the Pleader Com­missioner to note the change while surveying the suit land and reconcile the new plot num­bers with the old plot..

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

....also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..

Category: Property Law | Date: | Hits: 78

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....and the Labour Court after hearing allowed the same. 7. The petitioner questions raised by the peti­tioner in the instant case is that the Labour Court has no jurisdiction in dealing with case in hand as the petitioner organization does not come within the purview of industry/establishment as pe......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....ary order under section 145(1) of the Code irrespective of its right to possess. Court is concerned only with possession of land or water and not with question of title thereof. 15. in the case in hand, points for determination are, whether the first Party was at the relevant time, that is on the......e. Thus it is clear that the Civil Court was not regulating the possession in respect of the case land when the initial order of drawing proceedings was passed on 28-5-1997. 19. It is pertinent to note here that the notice of the proceeding under section 145 of the Code was served upon the second..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....s Case is also Reported in: 30 DLR (AD) (1978) 112....... Tribunal is the proper forum for holding the trial in respect of the said offences when the Act came into force on 9-2-1974 whereas those offences were alleged­ly committed on 5-2-1974. It is to be noted that there is no dispute that the Act was not given a retrospective effect. So when there was ..

Category: Criminal Law | Date: | Hits: 76

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

..... 9 and 10 by selling their land to the petitioners and others extinguished their right and interest in the suit land and therefore, they may not be interested to contest the suit. 4. On the other hand, Mr. Md. Mubarak Hossain, learned Advocate appearing for opposite party No. 17 submits that the......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 77

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

.... they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduced some documentary evidence in support of their case. On the other hand, the defendants examined two witnesses including defendant No. 1 and also adduced some document......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

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

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... 1995 are set aside. The order of stay of execution of other execution case No.20 of 1985 stands vacated. The executing court is directed to execute the decree as it stands within one month including handing over possession in the suit land in favour of appellants through court. The office is dir......sue No. i, ii, iii and iv together for consideration and decision:- The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of PW1. It is to be noted here that the instant suit being No. 100 of 1995 is the second round legal battle between the ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

.... was filed at the stage of argument. He further submits that in accepting additional pleading, the Court should be lenient as refusal to the same may prejudice the concerned party. 6. On the other hand, Mr. Abdul Quiyum, learned Advocate appearing for the plaintiff-opposite party submits that in ......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77; Ram Charan Sutradhar Vs. S.M. Makhan, 38......rein only the tenants who will come directly-under the Pro­vincial Government." 14. Rule 61 which speaks about the stage after the final publication of Compensation Assessment-rolls and the above noted provisions of the Act and other rules clearly show that the different classes of tenancies did..

Category: Property Law | Date: | Hits: 85