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Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....in his plaint, inter alia, that he by registered kabala dated 23‑4‑59 purchased the suit land in the names of his minor sons namely, defendant Nos.1 and 2, who were 8 and 1½ years of age at that time to avoid his creditor and has been possessing the same since then by constructing dwelling huts......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

....scellaneous Appeal No.244 of 1995 in this Court. This Court while admitting this appeal stayed the operation of the impugned order dated 15‑7‑1995 for a period of 3 months which was extended from time to time in the Rule. Thereafter the plaintiff‑opposite party No.1 again filed an application ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

.... on the case of Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. In the case referred to above, the Appellate Division has held that sale deed executed earlier but registered later in point of time will prevail over sale deed executed later but registered earlier. The criterion in such cases ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..

Category: Property Law | Date: | Hits: 38

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

....ts.2 and 3 and his signature therein as Exts.2(1) and 3(1) and other exhibits. 11. This witness was cross-examined at length by the prosecution where he admitted that he didn't know whether at the time of the occurrence, law and order of the area were unrest or that the deceased persons were the ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....decision of a case Nazrul Islam Vs. State reported in 13 MLR 184 where their lordships of our apex Court has given a positive observation that accused-peti­tioner is to agitate his grievances at the time of hear­ing under section 241A of the Code of Criminal Procedure which is his alternative reme......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....ingly FDC provided the materials and service facilities. After completion of making ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for paym......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..

Category: Criminal Law | Date: | Hits: 66

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

.... and accordingly the predecessor of the defendants applied for lease in response of the declaration and he got pattan of 2.64 acres of land vide registered kabuliyat dated 24.03.1964. That in the meantime Government again declared the khas land would he leased out among the people and the principal ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....e Code of Criminal Procedure (Amendment) Act 1991 (Act XVI of 1991. Section 35 A reads thus: "35A. Term of imprisonment in cases where convicts are in custody.- Where a person is in custody at the time of his conviction and the offence for which he is convicted is not punishable with death or imp......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....he Taxes Department, while the learned Advocate Mr. Hassan M.S. Azim along with the learned senior counsel Mr. A.J. Mohammed Ali, Advocate, represented the Assessee-Applicant before this court at the time of hearing. 6.Argument of the Parties: The learned senior counsel Mr. A.J. Mohammed Ali A......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....llowing BELA’s writ petition in part. Before embarking on exploration of the points raised at the Bar, I would like to discuss laws which are relevant for the disposal of the points agitated at the time of the leave granting order. The State Acquisition and Tenancy Act, 1950 The aim and......s lands in excess of the above limit may be retained in following cases; (I) where a rent-receiver, cultivating raiyat or cultivating under-raiyat or a group of them has or have undertaken large-scale farming by use of power-driven mechanical appliance or have under taken large-scale dairy farm..

Category: Environmental Law | Date: | Hits: 434

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

....uent conduct of the accused No.1 intention of deceiving the informant at the initial stage can be gathered in this case. All these facts asserted by the parties are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the ac...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..

Category: Criminal Law | Date: | Hits: 62

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....each other and accused Milon Miah, brother of Moslem, hit Shahinoor with a Bakua, (a kind of carrying implement made of bamboo) and the incident ended at the intervention of the people present at the time. It is further stated that at about 10.00 a.m. Shahidul Islam, the brother of the informant, we......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..

Category: Criminal Law | Date: | Hits: 60

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....ssed the suit with the observation that the document of delivery of possession (ext-ka) contains the signature of Serajul Islam, father of plaintiff No.6 and the said Serajul Islam was present at the time of delivery possession of the suit land in favour of DIT; now RAJUK. This court decided that th......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....ellate Judge took into account Exhibit-Ka i.e. return of service of summons upon plaintiff-opposite party and, also, evidence of D.W.3, Process Server. ii. Plaintiff-opposite party at the relevant time had been out of country. In arriving at the said finding learned Appellate Judge took into acco......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..

Category: Property Law | Date: | Hits: 64

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....oans upto Taka 5,000 would be applicable for loanees of Co-operative Bank Ltd. Here the loanees are Co-operative Socie­ties/groups but not co-operative society members. No Circular was issued at any time to the effect that agricultural loans taken by the members of co-operative societies upto princ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....t litigation. 4. The President of the People’s Republic of Bangladesh has promulgated an Ordinance titled “The Supreme Court Judges (Remuneration and Privilege) Ordinance, 1978.” Thereafter, time and again it has been subject to amendment in order to increase the Remuneration and Privilege ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

....completion of 12 months' satisfactory service. His twelve months service was not completed on the date of termination of service. So, the question of his confirmation in service did not arise at that time. 11. In this connection. Mr. Khairul Huq, referred to a decision in the case of Abdul Mannan......ised under the same law, namely, the Bank's Nationalization Order, 1972 (President's Order No.26 of 1972) and that all the employees of the nationalised commercial banks are guided by the similar pay scale and similar service regulations. Therefore, there is no reason to distinguish between an emplo..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....r was exonerated from 5 out of 6 original charges and found guilty of negligence of duty. As regards the additional charge inquiry officer found that it is not possible to ascertain after such a long time who was actually responsible for the shortage of 200 bags of fertiliser at the relevant time wh......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....ept those goods in different pledged godowns; that on 14.11.1999 the Bank authority inspected the godowns and found shortage of various items of fertilizer as mentioned in the F.I.R; that, in the meantime, on 02.02.2000, the police raided the pledged godowns and found a huge adulterated fertilizer a......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants wil......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112