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Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
.... sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first information report (FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ich decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte ju...... was published in the daily papers which were submitted and marked as exhibit 'Uma(3)' and 'Uma(4)'. He also filed certified copy of the plaint, written statement of Taherul Anwar and application for amendment of the plaint, copies of order being Nos. 28, 92, 93, 97 and 98 of their suit, exhibit 'Jh......ed the appeal against judgment and decree dated 28-9- 99 passed by Subordinate Judge, Court No.1 at Chittagong in Other Suit No. 42 of 1998, which decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in C..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....997. Luna Fahmida Rahman and Dana Farzana Rahman, two full sisters, on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......and 4 rooms in the first floor erected upon about 12 decimals out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession a..Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....osts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sect......T Act contains no provision for arbitration. Let us have a glance over sub-section (6) of section 90 of the BT Act which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
.... fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of su...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......ively in the aforesaid two Writ petitions.
3. The respondent No. 3 entered appearance and filed affidavit-in-opposition in the first Writ petition, namely, Writ Petition No. 28 of 2002 wherein the plaint case of the respondents is that the NBR has imposed supplementary duty @ 35% at the productio..
Category: Fiscal/Taxation Law | Date: | Hits: 81
..... An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Centre, but no voucher was filed by him i...... be set forth in the notification. The learned Advocate for the petitioner has failed to show us that Civil Procedure Code or any part thereof was included in the schedule of the Regulation by way of amendment. It is, thus clear that the provisions of the Code of Civil Procedure are not applicable i......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
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Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....4, dismissing the appeal and affirming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-19......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......irming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and t..Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....cellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit be......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......3-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of t..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......Roy Chowdhury—For the Petitioners. Garib Newaz with Maksuda Aktar—For Opposite Party No.1. Civil Revision No. 3535 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure again..Category: Property Law | Date: | Hits: 75
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... Ahmed and Md. Aminul Islam Mondal, Advocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional Distric..Category: Intellectual Property Law | Date: | Hits: 230
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha of land which he purchased on 12-4-89. The petitioner obtained an approved plan in the year 1989 for construction of a 3-storied building on the said plot. Thereafter, the petitioner submitted a pl......ondents by mistake and having inspected the place the respondent No.3 issued the impugned memo dated 2-11-98 and requested the petitioner to contact the office of the respondent for correction and or amendment of the approved plan failing which action will follow under Building Construction Act. In ......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....ne Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of the Rule is as follows: The petitioner is a Commissioner of newly created Ward No.4 ......aksumul Huq, Joint Secretary, Ministry of Local Government, according to section 21(2) and (3) of the Pourashava Ordinance, 1977. On 6-6-98 respondent No.4 under memo No.433 after making some sort of amendment and changes worse than the earlier delimitation one sent it according to his sweet will to...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... authority of the Dacca Central Jail issued a statement in the NewsÂpapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......reby declared that the sufficiency of the grounds on which such opiÂnion as aforesaid is based shall be determined by the authority forming such opinion" 23. The question as to the effect of this amendment was raised in the next case decided by the Supreme Court of Pakistan, viz., Mir Abdul Baqi...... does not adÂvance the true social interest. ContiÂnued indifference to individual liberty is bound to erode the structure of our democratic society. We wish that the High Court had examined the complaint of the appellant more closely." 49. A similar view was expressed in re Shushanta Goswami, ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
.... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......r dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally be..Category: Property Law | Date: | Hits: 127
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ce is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one MA Kahhar as the lone defendant, who is, indeed, the absentee respondent before us. Although the suit was partially decreed against him, he did not lodge any appeal. Nor did a...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.  ......dated 6‑3‑1990 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Money Suit No. 5 of 1988. The learned Judge decreed the suit, but only partially, and hence is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one ..Category: Banking Law | Date: | Hits: 215
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted t...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......€‘1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that the suit ..Category: Property Law | Date: | Hits: 84
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
....¦â€¦â€¦.............Respondents Judgment November 15, 2009. Lawyers Involved: Mazibar Rahman, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated 02.03.2008 passed by the ......tained Alim certificate from a recognized Madrasha in the year 1990 although he was unsuccessful in that examÂination in the year 1989 and that as per the Rules 1975, both before and after the above amendment, the plaintiff had the requisite qualifications for getting the license of a nikah registr...... 1995 affirming those of dated 15.11.1995 passed by the learned Senior Assistant Judge-in-Charge, Shibalaya, Manikgonj in Title Suit No.19 of 1994 disÂmissing the suit. 3. The respondent No.1, as plaintiff, filed the above Title Suit No.19 of 1994 seeking declarations that the Memo No. 299 dated..Category: Civil Law | Date: | Hits: 106
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....cate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Nurul Amin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1189 of 2009. (From the judgment and order dated 24.02.2009 passed by the ......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......uit No. 111 of 1985 by the learned Subordinate Judge, 2nd Court, Khulna, dismissing the suit. 2. The suit was for declaration of title. The petitioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the sc..Category: Property Law | Date: | Hits: 93
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....-Record-For the Petitioners. Md. Aminul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-8. Not Represented- Respondent Nos. 9-19. Civil Petition for Leave to Appeal No. 2264 of 2009. (From the judgment and order dated 6.8.2009 passed by the H......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ...... property, cancellation of Deed No.8964 dated 19th April, 1979 and further declaration that the decree passed in Other Class Suit No.199 of 1976 is void, illegal, inoperative and not binding upon the plaintiffs. Their case is that the suit land belonged to Bisheshwar Dutta and his three brothers. Re..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....dÂly executed by his father Hedayetullah Biswas gifting the suit land to the defenÂdant Beraful Nessa, his second wife and the predecessor of the appellants in both the appeals, being concocted and forged is not binding upon him, on the averments that Hedayetullah, while owning and posÂsession th...... be sustained and accordÂingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......g title to the suit land on the basis of the above Deed No. 15294 dated 11.10.86. 3. Beraful Nessa contested the above suit and filed written statement denying the material allegations made in the plaint and contending that she is the second wife of Hadeyatullah who by the above Deed No. 15294 da..Category: Property Law | Date: | Hits: 109
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