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....ed as continuing mandamus so that this Court can give direction from time to time.
10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on behalf of respondent No.4, on the other hand, submits that the Government is completely aware of impending danger of earthquake and that n......(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners
Vs.
Government of Bangladesh and others.........................................Respondents
Judgment ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
.... a security bond on 18-3-1992 admitting the agreement for sale dated 19-3-1990. It is further plaint case that Kazi Golam Hossain, Chairman of defendant No.1 and predecessor of defendant Nos.2 to 4 handed over the original lease deed to the predecessor-in-interest of the plaintiffs in respect of t......rity bond on 18-3-1992 admitting the agreement for sale dated 19-3-1990. It is further plaint case that Kazi Golam Hossain, Chairman of defendant No.1 and predecessor of defendant Nos.2 to 4 handed over the original lease deed to the predecessor-in-interest of the plaintiffs in respect of the suit......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......e without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of t......i) outstanding dues or loans with interest payable to the Government, Statutory Bodies or Corporations on account of the building;
(iii) the funds required annually for the upkeep, maintenance and management of the building:
Provided that the total amount of liabilities payable in respect of t..
Category: Property Law | Date: | Hits: 173
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
.... and Sultana Razia) in their house after taking meal. In the night following 16‑1‑2003 at 1.00 hours the accused persons armed with various deadly weapons like cut rifle, pistol, ramdao, knives, hand bombs, trespassed into their north bithi dwelling house by breaking the door and beat the infor...... Altaf Miah, and Abdur Rashid Munshi do not come within purview of further evidence and the same cannot form the basis of further report within the meaning of the provision of sub‑section (3b). Moreover, the officer-in-charge of the concerned police station being empowered to further investigate a......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....1997.
4. Respondent No. 2 has filed affidavit-in-opposition contending, inter alia, that the respondent No. 2 had no managerial or administrative function and he had been a technical and skilled hand, as such, the management dealt with him and treated him as a worker under the provision of Empl......shahi asserting, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the po......ur Court, Dhaka and it does not fall within the territorial jurisdiction of Labour Court, Rajshahi. The respondent No. 2 was found with the workers of Box Filling section and he put pressure upon the management in connection with payment of wages and Eid bonus on 8‑2‑1997 and for causing loss of..
Category: Labour and Industrial Law | Date: | Hits: 188
Wazir Jahan Begum and another Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....t and order passed by the learned Subordinate Judge and Artha Rin Adalat, Comilla is equally without lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangladesh and others ............Respondents Judgment October 27, 2003. Res......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....2004) 614.......ess warrant would arise for consideration by the Court. Before recording order of acquittal under section 247 CrPC. Court below ought to have looked to all above facts as evident from the record. Moreover, the Court was also vigilant, cautious and careful as to the background and history of the case......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....hat he has kept the said gun under the bamboo clump of one Kirshno Master of village Barail. He went to the said bamboo clump taking the accused along with some other people and he himself by his own hands, recovered the said gun, etc. barrel and butt kept separately inside a polyethylene paper tied......t hidden in the bamboo clump of one Krishna Master. Accordingly, the informant along with other police personnel rushed towards the said bamboo clump. Thereafter, in presence of the witnesses they recovered the alleged gun at the showing of the accused. The gun was kept inside a white polyethylene b......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....s deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited and another, SGS Societe Generale de Surveillance SA and another, Overseas Merchandises Inspection Co. Limited and another are the petitioners respectively in writ petition Nos. 5......the petitioners "Consultants' and impose and deduct VAT at the rate applicable to "Consultants' from time to time at the rate of 4.5% and to accept bank guarantees at the time of payment of invoices covering the differential amount of 8.54%. 5. The back ground of issuance of the Rule, in short, i......officers of Customs on any customs related matter. The subjects of training shall include, inter alia, valuation, classification, post clearance audit, prevention of commercial forgery and fraud risk management, intelligence management etc. The training modules number and kind of trainees and locati..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... Ain, 2003. But the learned Judge of the executing Court has admitted the second execution case violating the law of special limitation, and as such it is without lawful authority.
5. On the other hand Ms. Nasrin Ferdous, the learned Advocate appearing for the respondent-bank though admits the fa...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
....n of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority.
6. On the other hand, Mr. Mohammad Ali, the learned Advocate for respondent No.2 submits that as the decree-holder b......he petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....W.1 and formally proved the registered sale agreement, sale deed of his wife in respect of five decimals of land, three legal notices with postal receipts and some other documents. 7. On the other hand, defendant No.1 Mokter Ali Mondal himself deposed as D.W.1 and exhibited an unregistered sale a......ct and further admitted that he had already constructed a boundary wall surrounding the sold five decimals and thereby he had relinquished his claim on the remaining five decimals by his conduct. Moreover, holding of a shalish showing his relinquishment of claim on the remaining five decimals having......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....llant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On the other hand, Mr. Md. Shohrowardi, learned Deputy Attorney General appearing for the State referring to the ......Food Controller collecting key of godown from the house of Mirza Monwar Hossain through a cleaner. The inventory of stock was not prepared on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sion of first party-petitioner over the case land. His specific case was that the original owner late Keramat Ali died leaving behind his son Idris Ali (father of the petitioner) and daughter Jhalak Chand Bibi, who died living behind her son Zahiruddin and two daughters, Kalom Chand and Parijan Bibi...... alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over the case land by way of inheritance from his father Idris Ali and asserted his exclusive posses......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....t over the same.
3. Subsequently the said Ramjan Ali sold the suit property to the plaintiffs’ father and predecessor-in-interest Mukhlesuddin Ahmed by a registered sale deed dated 11.5.1978 and handed over possession thereof to him. Even after the said transfer, Ramjan Ali was all along presen......assed by the Joint District Judge, Second Court, Dhaka rejecting the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and f....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....bitrator. In such a case, the Court, if moved in time, may stop proceedings of such a suit and direct that the matter be settled by an arbitrator in terms of the agreement. Section 20, on the other hand, comes in aid of the party who intends to submit the dispute to an arbitrator in terms of the a......lf was instituted under section 20 of the Arbitration Act for filing an arbitration agreement in Court since a dispute arose between the parties about the subject-matter of the suit which was also covered by the Arbitration Clause of a Contract between the parties. The trial court stayed the proce...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....he tenancy. The defendant led the evidence to prove that the land has been under direct cultivation of the defendant. Defendant field certain dakhilas Exhibit A to A(5) of which Exhibit A is in the hand-writing of the plaintiff and Exhibits A to A(5) are in the hand-writing of Keramutullah Mondal,......e suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction purchase of the touzi revenue ......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....; Tanviben Pankajkumar Divetia Vs. State of Gujarat, AIR 1997 (SC) 2193; State of U.P. Vs. Dan Singh AIR 1997 (SC) 1654; State of Andra Pradesh Vs. P.T. Appaiah and another AIR 1981 (SC) 365; Sharat Chandra Mitra Vs. Emperor ILR 38 Cal. 202; Ahmed Sher Vs. Emperor AIR 1931 Lah. 513; Granade Venkata ......the nature of the offence and the conviction because the difference of opinion between the learned Judges of the Division Bench was with regard to the sentence only. This Bench does not sit on appeal over the opinions of the two learned Judges of the Division Bench who heard the appeal. They having ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... it is apparent that this copy was obtained just a few days before hearing of the leave petition. On perusal of the original record we noticed that the order dated 13th July, 2009 was written in same hand writing with same ink. We find no interpolation in the entire order-sheet. Therefore, we have n......tence, (b) whether the confession on subsequent remand could be treated as voluntary and true and the conviction of the appellant be maintained on such confession and (c) whether in the absence of recovery of incriminating material, and without implicating the appellant by other confessing accused, ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....t 2.68 acres out of 3.06 in C.S. and R.S. Plot No.403 was recorded in R.S. Plot No.473 and remaining .38 acre was recorded in R.S. Plot No.474 and the defendant purchased .38 acre of land from Badal Chandra Bashak but got entire 3.06 acres of land; that the defendant transferred .40 acre of land fro......n order to show that it was an old document some mechanism like burning and use of hot vapour was applied upon the document. But such finding of the lower Courts that the deed was forged was not controverted by the High Court Division, which thereby erroneously reversed the concurrent findings of th......Brindaban Goshwami had no child and due to inconvenience in managing the pond because of shortage of manpower he kept .38 acre land in eastern part of the pond whereupon a hut was built under his own management and sold the remaining 2.68 acres to the plaintiff by way of registered sale deed No.1172..Category: Property Law | Date: | Hits: 66
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