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Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit pre­mises in V.P. C...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and First Artha Rin Adalat, Chittagong for realisation of the aforesaid dues from the respondents. The respondents filed a written statement together with a counter‑claim..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....and collection of excise duty. In the year of 1961 by amendment a new sub‑section namely, sub‑section (4) was added to section 3 of the Central Excise and Salt Act, 1944. It provided that Central Government may in lieu of levying and collecting duties of excise on excisable goods under section 3......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.......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

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....obility gifted the said land to the opposite party No.3 the Girls High School, for extension of women's education in the locality and with the help and supervision of the Facilities Department of the Government construction work of school building was going on covering plot Nos. 155, 153 and suit pl......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.......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

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......efendant to release the goods but the latter expressed his inability due to financial hardships and requested the plaintiff Bank for release of the documents and assured the plaintiff Bank to pay the dues within one month. Accordingly in good faith the plaintiff Bank delivered first set of shipping ..

Category: Civil Law | Date: | Hits: 121

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

.... Court was closed from 18th to 26th February, 1983. So his absence on 28th February is for unders­tandable reason and whether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such inn......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...

Category: Criminal Law | Date: | Hits: 116

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....f Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by way of violating the Government order and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last d......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609)......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:......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

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ..

Category: Civil Law | Date: | Hits: 218

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... 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; Government of Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Hazerullah Vs. Chairman, 1st Court of Settle...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....as 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 Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangla­desh, represented by the Deputy Commissioner Feni Vs. Har Chan......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. ......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. ..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ik Vs. State, 52 DLR 335; Syed Musta-fizur Rahman Vs. State, 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ument. 4. The matter involves immense public importance. The Mohasthangor has a great significance in our history. It is also a public place which is now under the governance and protection of the Government of People Republic of Bangladesh. Nevertheless, recently few people are encroaching upon ......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......r with reference to the contents of writ petition and two representations annexed therewith, submits that the creditor-bank was under legal obligation to serve a prior notice claiming its outstanding dues from the third party mortgagor (herein petitioner) and also to encash the bank guarantees befor..

Category: Civil Law | Date: | Hits: 129

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

.... Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment ......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......office, Gulshan, Dhaka being power of attorney deed No. 10122 in favour of the Bank and thereby conferred power upon the respondent bank to sell the mortgaged property for recovery of the outstanding dues. 5. Mr. Md. Abdul Jabbar, appearing for Mr. Aminul Haque, has submitted that section 12 of t..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

....tics Control Department has sent certain false and concocted papers for his examination. 18. P.W.16 Md. Abdul Baki Mia, an Assistant Chemical Examiner of the office of the Chief Chemical Examiner, Government of Bangladesh, stated that on 9‑5‑1990 he received one parcel from P.W.1 SM Nizamuddi...... 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

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....48 of the Code. Section 333 says that at any stage of the trial before a High Court and before the return of the verdict, the Advocate General may, if he thinks fit, inform the court on behalf of the Government, that he will not further prosecute the defendant upon charge and thereupon the proceedin......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

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

....mortgage in respect of the properties of the Company (which are already mortgaged with Bangladesh Shilpa Rin Sangstha as first mortgage) with permission of said Bangladesh Shilpa Rin Sangstha and the Government of Bangladesh for allowing the petitioner to continue with the limit and the petitioner a...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

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

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....n: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133