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Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....itle Suit No.31 of 2002 such as in the first prayer the decree of Title Suit No.54 of 1998 has been sought to be set aside but in the other prayer a declaration has been sought to the effect that the registered Power of Attorney and the Memorandum of Deposit of Title Deeds are forged, fabricated and......der/1972, Appellate Division held by majority decision that the suit is not maintainable. In Manir Ahmed's case (8 BLD 241) relied on by Mr. Razzaque, acceptance of nomination paper for the post of Chairman,  Union  Parishad  was challenged in a suit in view of the disqualif...........................Plaintiff-opposite parties Judgment  July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 BLD 241; Habibur Rahman Vs. Election Commission..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......1.07.1986 as a steward of Pan Pacific Hotel Sonargaon and his job was made permanent on 07.01.1987. He continued in employment to the satisfaction of the employers and was duly promoted to the higher post of Buse Person. In addition, he was elected a member of the Adhoc Executive Committee of the So......ew that that the impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...

Category: Labour and Industrial Law | Date: | Hits: 183

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....he heirs of Kasiruddin. Alef Sarder died leaving behind wife Rabeya, sister, Saju Bibi and paternal uncle's sons, Samiruddin and Hamed. Saju Bibi transferred her share to her son, plaintiff No.1 by a registered deed of gift dated 19.12.1952. Samiruddin transferred .06 acre of land to the plaintiffs ......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......eration of the judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...

Category: Property Law | Date: | Hits: 80

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....ty in spite of having capacity was not maintaining her and the minor son after driving them out from his house on 26.9.85. It was further stated in the petition that as per condition laid down in the registered Kabinnama of the marriage between the parties the opposite party was bound to pay Taka 30......nder. (2) Where a Family Court passes a decree for the dissolution of a marriage solemnized under the Muslim Law, the Court shall within seven days of the passing of the decree, send by registered post a certified copy of the same to the appropriate Chairman referred to in section 7 of the Muslim......sed in Criminal Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..

Category: Family Law | Date: | Hits: 215

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....e resident is chargeable in respect of income arising in any part of the world. In the instant case there is no denial of the fact that the instant assessee namely American Bureau of Shipping has its registered office in New York, USA working as a non‑profit, nongovernmental and internationally re......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....ng Contractor and the labour Sardars came under the purview of the said Regulation, although the officer-in-charge L.S.D. Godown was not named to be an accused in his said report. A suo motu case was registered after the said report against the Contractor and the labour Sirdars under the Martial Law......nherent jurisdiction. The exercise of this jurisdiction will depend upon the facts and circumstances of each case. Inter­ference even at an Initial stage may be justi­fied where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further p...... 105; Muhammad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Ramijirav Jivbajirav (1875) 12 Bom H.C.R I; Abdul Quader Vs. The State, 28 DLR (AD) 38. Lawyers Involved: Mujibur Rahman, Advocate with Abul Quasem Bhuiyan, Advocate, instru..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....sometime settled the land of C S Plot No.311, on which the homestead was situated, with Mainuddin, son of Amir, at an annual rent of Rs. 1/6/-annas on the basis of a Kabuliyat executed on 27-3-39 and registered on 1-4-39. The other plot, namely C S. Plot No.310, remained in the khas possession of th......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......herefore, is that the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....or Pashi by a resgistered deed of sale on 15-5-47. The heirs of the other sister, Hasan Banu, purported to transfer the interest of Hasan Banu in the aforesaid land in favour of Abdur Rashid by three registered Kabalas, being Ext. 1(b) dated 6-9-47. Ext. 1(d) dated 9-1-48 and Ext.1 (a) dated 6-9-48.......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ur Rashid's pur­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....f clause 19 the Tenant shall be at liberty to transfer or sublet subject to the condi­tions of these presents the whole of the demised property subject to the obliga­tion that the transfer shall be registered in the office of such authority as may be ap­pointed by the lessor, and unless this is d......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......l. The result, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... submitted charge sheet on 24.6.1994 against the appellants under sections 395 and 397 of the Penal Code. The case after being ready for trial, was sent to the Court of Sessions Judge, wherein it was registered as Session Case No.40 of 1994. The learned Sessions Judge by his order dated 10.11.1994 f...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....suspects including the appellants, who made statements under section 164 of the Code of Criminal Procedure. The case after being ready for trial, was sent to the Sessions Judge, Bogra, wherein it was registered as Session Case No.93 of 1994. Thereafter the case was sent to the Assistant Sessions Jud......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: .............Appellants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attor..

Category: Criminal Law | Date: | Hits: 105

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... date back to 1874 when it was set up as Jagannath School and later transformed into Dhaka Jagannath College. In 1968 the Government nationalized the said college. In 1975 graduation with honours and post-graduation degree courses were introduced in the College and by the Jagannath University Act, 2......ecord. We do not find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....rge sheet under section 302 of the Penal Code against the accused person. 5. After observing legal formalities, the case record was transmitted to the Sessions Judge, Barisal, wherein the case was registered as Sessions case No. 12 of 2005 who transferred the case to the learned Additional Sessio......used persons also beat him causing his death. Above ocular evidence of competent witnesses is fully supported and corroborated by the relevant documentary evidence like inquest report (Exhibit 8) and post mortem report (Exhibit 4). On the other hand, the defence version that victim Ansar Mallik sust.............Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Sukur Miah Vs. State, 1996 BLD 337 = 48 DLR 2..

Category: Criminal Law | Date: | Hits: 87

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

....n sold 0.521/2 acre of the land to defendant No.25 and his daughter Jahanara vide Registered deed No 4738 dated 22-3-I975 (Exhibit Ka-6) and 1.05 acres of land to the plaintiff Nos.1, 2, 6 and 7 vide registered deed No.7360 dated 29-9-1986. 4. Jobirar Nessa sold 0.521/2 acres of land to Amanta Ba...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......ants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For th..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

.... is the sanction letter of the loan dated 2-8-1980 stating terms and conditions, and the defendant No. 1 appears to have given two signatures on accepting those terms and conditions. Exhibit 2 is the registered mortgage deed dated 4-8-1980 executed by the original defendant No.2 SM Nazimuddin as gua......nst the loan deposing that the defendant No. 1 signed all those documents (Exhibit 3 series). Exhibit 4 is legal notice dated 8-3-1983 showing that it was sent to the defendant No. 1 under registered post asking her to pay debit balance of Taka 1,33,000. On 25-8-1984, the defendant No. 1 sent reply ......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...

Category: Civil Law | Date: | Hits: 116

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

.... 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: 15 BLC (HCD) (2010) 29. ......n of making of the film, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 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 payment of the unpaid dues. The cheques were presented by the FDC for encashm......Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167, Shaikh Obaidul Huq Vs. State, 38 DLR 105, AIR 1956, Madhya Pradesh, 19. ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......-1999 went to the place of occurrence, made inquest of the dead body of the deceased in presence of the informant, his son Gulzur and others and sent the dead body of the deceased to the morgue for post mortem examination. He also seized a bloodstained mat, a broken mobile telephone set of the d......ellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dismissed. Cases Referred to- Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 35..

Category: Criminal Law | Date: | Hits: 67

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......of Bangladesh Forest Industries Development Corporation (in short, BFIDC) Khulna Complex on 01.05.1969 as Assistant Supervisor. In course of his service career the writ petitioner was promoted to the post of Assistant Manager (Administration) of BFIDC. While serving as such, the petitioner was suppl......ate of birth. Meanwhile, he lost his original Secondary School Certificate. As such, he could not take any step to correct his date of birth although his date of birth was shown as 31st October, 1947 AD in one part of the service book. The petitioner also found that the figure “9” occurring in t..

Category: Employment/Service Law | Date: | Hits: 739

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

..... plot Nos.1435, 1436, 1437 of R.S. Khatian No.496 corresponding to B.S. plots No. 3256 and 3257 of B.S. Khatian No.687 under mouza Gosaidanga, Police Station Doublemooring, District Chittagong, vide registered deed No.1849 dated 22.3.1999 and deed No.2946 dated 6.5.1999. After purchase, writ-respon......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279....... Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (A..

Category: Property Law | Date: | Hits: 79

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......culty of Medicine as he never remained absent for a period, not exceeding 90 days as contemplated under Article 17(2) of the first statutes of the Dhaka University Order, 1973. Therefore, his elected post cannot be taken away before the expiry of the period for which he is elected. The petitioner be...... Bangladesh and others…………………Respondents Judgment June 10, 1997. Result: The Rule is discharged. Case Referred to- Controller of Examinations Vs. Mohiuddin, 44 DLR (AD) 305. Lawyers Involved: Md. Latifur Rahman, Advocate - For the Petitioner. Abdul Halim C..

Category: Employment/Service Law | Date: | Hits: 120