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A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....building of the Rifles Federation Complex, Gulshan, Dhaka, the respondent No.6 and the lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, witho......d Indo-Bangladesh Games, Bangladesh won 6 Gold medals, 7 Silver medals and 9 Bronze medals. 27. The petitioner is a former range officer of the NSF and on 30.08.07, he was terminated from the said post and therefore, he had filed the current Petition with a malafide intention and for co-lateral p......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....e sheet on 30.4.1993 under sections 457, 382 and 411 of the Code against the appellant and two others. 4. The case having been ready for trial was sent to the Sessions Judge, Cox’s Bazar and was registered as Session Trial Case No.33 of 1993. Learned Sessions Judge took cognizance of offence un......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....nt under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia and was registered as Session Case No. 86 of 2007. Learned Sessions Judge took cognizance of offence against......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....ohasin Darbar, agreeing to sell the said property in favour of the petitioner upon receiving certain portion of consideration money and put him in possession. However, since she failed to execute the registered sale deed as per the sale agreement, the petitioner filed a suit for specific performance...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Governm..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....imals out of 44 decimals of non suit plot No.116 and 7 decimals out of 41 decimals of land of non suit plot No.117 belonged to Sudanya and, the father of the defendant No.6 purchased those lands by registered kabala dated 26-2-1953. 8 decimals of land out of plot No.1093 acquired by WAPDA and the ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissio..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... inherent jurisdiction. The exercise of this jurisdiction will depend upon the facts and circumstances of each case. Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further p......Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Tofail Mohammad Vs. Crown, 6 DLR 143; Ali Ahm..Category: Criminal Law | Date: | Hits: 156
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... free and fair election is also a part of it. Without free and fair election democracy can never be practiced in its true sense. So, it can rightly be said that free and fair election is an essential postulate of democracy and one of the fundamental aims of our society enshrined in the Preamble of t......ngladesh........................Respondents Judgment August 4, 2004. Cases Referred to- Syed Md. Mashiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd. Vs. BTRC, 54 DLR (AD) 130; Md..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....tion, in brief, are that the petitioner is a company incorporated under the Companies Act, 1913 of which Mr. Giasuddin Khan is a Managing Director. The petitioner received a legal notice issued under registered post from Mr. Md. Mamunur Rashid from which the petitioner came to know that as many as 5......ief, are that the petitioner is a company incorporated under the Companies Act, 1913 of which Mr. Giasuddin Khan is a Managing Director. The petitioner received a legal notice issued under registered post from Mr. Md. Mamunur Rashid from which the petitioner came to know that as many as 5 letters of......2003. 3. The respondent Nos.3‑4 have filed affidavit‑in‑opposition contending, inter alia, that the petitioner company did open 4 (four) back to back letters of credit against which 5(five) PAD accounts were created. The back to back letters of credit opened by the bank on the application o..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....mitted charge‑sheet in the case on 19‑8‑1990 against the condemned‑prisoner. Thereafter the case record was sent to the Court of the Sessions Judge, Dhaka who on receipt of the charge‑sheet registered Sessions Case No.243 of 1990 against the condemned‑prisoner under section 19(1)(b) of t...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....est, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... allowed the impugned orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ot the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more or less same Sections, which FIRs gave rise two other and distinct criminal cases, registered as Tejgaon Police Case nos 96 and 97 respectively, which cases have also been challenged ...... those Sections or any other penal provision of the land. The prime ingredient of Section 409 is criminal breach of trust. Under Section 405 PC, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly......ult: The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. B..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....tle Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant, Nur Banu, took pattan of the suit lands from Nurun Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered kabuliyat, Ext. 1, on February 21, 1950 and since then she had been living there by const......in-interest of the respondents, by executing a registered kabuliyat, Ext. 1, on February 21, 1950 and since then she had been living there by constructing huts thereon. By a notice sent by registered post on 13.10.59 and also the notice through court on 11.10.56 the appellant was directed to vacate ......nt shall be executed by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
.... exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other properties. The aforesaid document was registered as deed No.8058 on 12-5-1961 at the Sub-Registry Office Dinajpur. The plaintiffs first le......the suit premises for their own use as plaintiff No.1 Rabiul Alam subsequently became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and d......………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar Vs. Ranjit Singh, AI..Category: Procedural Law | Date: | Hits: 74
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....le and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gab......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......sts and judgment and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ion and Annexure No.I, J and K of the Supplementary Affidavit was stayed by this Division. 3. The background leading to this Rule is that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. There was a management buyout of the shares of Organon in 2006 and a change in......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......nal Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is discharged. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Aff..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....Voluntary Activities) Regulation Ordinance of 1978, (Ordinance 46 of 1978) and, as such, the petitioner is a voluntary non-profit making charitable organization. Furthermore, the petitioner is also registered with the Department of Social Welfare, Government of Bangladesh. The respondent No.1 is t......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. ...... Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR (AD) 68; 2 BLC (HC) 341; 40 DLR (AD) 45; WP 346 of..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....al Chandra Chokroborti, Sheetal died leaving his only son Bushan Chandra Chokroborti as his heir. Bushan Chandra Chokroborti while owing and possessing of the suit land sold his share to plaintiff by registered deed dated 17-11-1972 and since purchase the plaintiff has been possessing the suit land.......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......itioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah wit..Category: Property Law | Date: | Hits: 88