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Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19......ant that toll, rate or fee is levied for services renÂdered and is in the nature of quid pro quo and is a permissible levy but according to him, it is distinct from the levy of Octroi which is a tax proper. In the Ordinance tax and rates and tolls have all been put in the same category. 14. We f..Category: Fiscal/Taxation Law | Date: | Hits: 112
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......ion of the plaint till the date of ex-parte decree awarded in, favour of the plaintiff-Bank. It appears that the plaint was registered on 2-2-1978. The defendant did not appear in the suit inspite of proper service of notice upon him. The Court, ultimately, fixed 19-8-1978 for ex parte disposal. On ..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......fendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants di..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
.... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......সপি/২৮/৮৪(অংশ-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akon..Category: Criminal Law | Date: | Hits: 71
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ...... Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have been committed or which appe..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha...... the writ petition) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem tit and proper. The Rule is made returnable within 2(two) weeks from date. In the meantime, let the op..Category: Others | Date: | Hits: 134
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
.... 62 DLR (HCD) (2010) 44. ......it have rightly been framed, considered and decided by the trial Court with reference to the evidence and materials on record but the impugned Judgment and order of the Court of appeal below is not a proper Judgment of reversal as it failed to consider the evidence orally and documentary on record a..Category: Administrative Law | Date: | Hits: 230
....ction)
Present:
Md. Azizul Haque J
Shefali Bala...............Petitioner
Vs.
Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule ......1 passed by the Assistant Judge-in-charge, Baliadangi, Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissa..
Category: Employment/Service Law | Date: | Hits: 118
....sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€......itimate expectation which doctrine has no manner of application against the Government or its departments in the absence of any promise or assurance and that’s too, in the absence of foundation and proper pleadings. Learned Attorney General contends that since there are conflicting opinions by thr..
Category: Employment/Service Law | Date: | Hits: 147
....ivision
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander Bohumukhi Samobaya......sed value as calculated by the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case.
We do not find any merit in the l..
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....ase is also Reported in: 56 DLR (2004) 607.......har Case No. 5 of‑2003 now pending, in the Divisional Druta Bichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the..Category: Criminal Law | Date: | Hits: 86
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule is that on 20‑6‑04 at 15.3..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
.... Ed. This Case is also Reported in: 56 DLR (2004) 595.......rest, namely, keeping the only InternaÂtional Airport of the country clean, tidy and up to international standard. Previous experience has shown that it is not possible for the Authority to maintain proper cleanliness by engaging daily basis workers like the petitioners and that engaging a private ..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......s aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11..Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......d 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limited and No. 2 Mahmudur Rahman (respondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother,..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......d for. He further submits that the leave petitioner has the forum to vindicate his grievances even after the election before the Election Tribunal and that the impugned judgment and order is based on proper interÂpretation of section 9(2) (ga) of the Local Government City Corporation Election Ain, ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
...., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev......red that the word 'GovernÂment' has not been defined either in the enactÂments under consideration or in the ConstituÂtion. The definition of 'Government' in the General Clauses Act is again not a proper deÂfinition but a description of the Government of Bangladesh. 4. If we refer to the cont..Category: Criminal Law | Date: | Hits: 63
....also Reported in: 62 DLR (HCD) (2010) 1.
......ment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, are:
The petitioners were..
Category: Criminal Law | Date: | Hits: 83
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......g to SA khatian Nos. 196 and 197. Such record of rights was published sometime it, 1964. On the basis of such record of rights the plaintiff possessed the suit land exclusively on payment of rents on proper receipt Exhibit 8 series. Similarly tinder the RS survey the suit land was again recorded in ..Category: Property Law | Date: | Hits: 85
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