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Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

.... as to why the Judgment and decree dated 18.10.98 passed by the Additional District Judge, 2nd Court, Dhaka, in Title Appeal No.43 of 97, setting aside the Judgment and order dated 23.02.97 passed by Assistant Judge, Savar Thana, Dhaka, in Title suit No.132 of 95 should not be set aside. 2. Defen......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....akistan and others, 23 DLR HCD 108; Pronoy Bhusan Bardhan and others Vs. The Sub-Divisional Officer, Brahmanbaria and another, 30 DLR SC 139; Mamtazuddin Ahmed Chowdhury Vs. Deputy Commissioner & Assistant Custodian of Enemy Property, Comilla, (1968) 20 DLR HCD 375; Messrs M.M. Ispahani Ltd. Vs.......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......f Bangladesh Vs. Adyaita Chandra Adhikary, 33 DLR HCD 314; Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, 23 DLR HCD 108; Pronoy Bhusan Bardhan and others Vs. The Sub-Divisional Officer, Brahmanbaria and another, 30 DLR SC 139; Mamtazuddin Ahmed Chowdhury Vs. Deputy Commissione..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

.... Zakir Ahmed J.- This Rule arises out of an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of adjudications made by the Assistant Collector of Customs and Excise, Jessore; Collector of Customs and Excise (Appeal) Dhaka a......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ......ies. The factum of signing of the Register by an Assistant Collector of Customs cannot override the provision of Act and the Rule in any manner as the same constituted a routine work of the concerned Officer. 13. We further hold that the respondents have not in any manner violated Article 83 of t..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)

....the Subordinate Judge, Natore, in Title Appeal No.120 of 1991 allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..

Category: Property Law | Date: | Hits: 117

Additional Deputy Commi­ssioner (Revenue) and Assistant Custodian, Vested Property Vs. Syed Tahammul Hossain and others, 1994, 23 CLC (HCD)

....is also Reported in: 49 DLR (HCD) (1997) 318. ......cution Case. So his client was compelled to file a contempt petition before this Court and in Civil Rule No.242 (con) of 1993 this Court issued contempt Rule against Md. Jahangir Alam Molla, the then Presiding Officer of the Court below on 11‑11‑93 and also directed Court below to proceed with t......e. So his client was compelled to file a contempt petition before this Court and in Civil Rule No.242 (con) of 1993 this Court issued contempt Rule against Md. Jahangir Alam Molla, the then Presiding Officer of the Court below on 11‑11‑93 and also directed Court below to proceed with the executi..

Category: Procedural Law | Date: | Hits: 135

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

.... November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment A......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......st of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son, The Sub-Divisional Magistrate forwarded the pe­tition of complaint to the Officer-in-Charge, Kotwali P.S. for taking necessary action. The O/C Kotwali informed the Magistrate..

Category: Criminal Law | Date: | Hits: 110

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....that the petitioner obtained the degree of M.SC from Rajshahi University in 1987. He joined in the service of the National University as an UDA in the year of 1992. Thereafter, he was appointed as an Assistant Inspector of Colleges on 01.06.1997 and his service was confirmed on 01.06.2000. He was se......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..

Category: Employment/Service Law | Date: | Hits: 165

Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)

....red to- 25 BLD 646; 50 DLR (AD) 24. Lawyers Involved: Md. Shihab Uddin Mahmud - For the Convict Appellant. A. B. M. Waliur Rahman, Deputy Attorney-General with Zinnat Akhter Nazley Begum, Assistant Attorney-General and Md. Nazmul Haque, Assistant Attorney-General - For the State. Crim......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......posal of this appeal are that P.W.1 S.I. Sayed Mahbubur Rahman as an informant lodged an F.I.R. stating, inter alia, that on 4.5.95 at about 9.30 A.M. he along with others under the leadership of the Officer-in-charge of Ramgati Police station went to village Char Martin under Police station Ramgati..

Category: Criminal Law | Date: | Hits: 102

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......ntainable in the eye of law and the accused‑appellants are entitled to be acquitted and the reference should be rejected. 7. In this case neither the informant Abdul Jabbar nor the Investigating Officer Fazlul Huq has been examined as both of them died before the trial began. 8. P.W.1 Md. Ab..

Category: Criminal Law | Date: | Hits: 104

Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)

....t in the original Court on re‑opening at the end of winter vacation. 2. The suit property was acquired by the Government in LA Case No.13/59‑60 for rehabilitation of the refugees. Subsequently Assistant Commissioner, Settlement by an order dated July 20, 1979 allotted the same to the opposite......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..

Category: Civil Law | Date: | Hits: 121

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....786. Lawyers Involved: Farida Khan, Advocate—For Complainant­-Appellant. No one—For the Accused-Respondent. Md. Helal Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Bad......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....l Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No.1 as pre-emptor instituted Pre-emption Miscellaneous Case No.54 of 2000 in the 4th Court of the Senior Assistant Judge, Narayangonj for pre-emption under Section 96 of the State Acquisition and Tenancy A......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....lenging memo No. বাসককস/শাখা-১ জ্যেষ্ঠ-৬/৯৯/৪৭ dated 4.1.2000 (Annexure-A to the writ petition). Writ petitioners were appointed to the post of Assistant Commissioner in BCS Administrative Cadre on the recommendation of the PSC and they joined ......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ...... Commissioner in BCS Administrative Cadre on the recommendation of the PSC and they joined their posts on various dates between 27.10.1983 and 26.12.1983. By memo dated 7.12.1974 posts of Circle Officer (Development) were abolished by the Ministry of Finance and 465 Class-1 Posts of Deputy Magi..

Category: Employment/Service Law | Date: | Hits: 149

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....titioner No. 1/Board dismissing the respondent from service. 2. The respondent filed the above writ petition stating that he, in the year 1966, joined the petitioner No.1/Board as a Lower Division Assistant and thereafter he was promoted as Upper Division Assistant and then as Section Officer in ......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ......he above writ petition stating that he, in the year 1966, joined the petitioner No.1/Board as a Lower Division Assistant and thereafter he was promoted as Upper Division Assistant and then as Section Officer in year 1989 and all along, he had been discharging his duties honestly and efficiently; whi..

Category: Labour and Industrial Law | Date: | Hits: 832

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......o.1 was not a defaulter in the repayment of the Krishi Bank loan as he repaid the entire loan on 8‑12‑91 and submits that accordingly his nomination paper was duly declared valid by the Returning Officer. 12. Admittedly the last date of filing of the nomination paper was 7‑12‑91 and the o..

Category: Election Law | Date: | Hits: 301

Chief Engineer Roads & Highways Department Vs. Concord Engineers & Construction Ltd., 1996, 25 CLC (HCD)

....ant Vs. Concord Engineers & Construction Ltd...............Respondent Judgment January 15, 1996. Result: The appeal is dismissed. Lawyers Involved: Sharifuddin Chakladar, Assistant Attorney‑General - For the Appellant. S R Paul, Advocate ‑ For the Respondent. A......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243...

Category: Alternative Dispute Resolution | Date: | Hits: 263

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....Commercial Court, Chittagong in Other Suit No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, tha......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

.....2 Mahinur, and as such, the learned Judge was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorney‑General, on the other hand, submits that the evidence adduced by the prosecutio......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

.... 5 DLR 509; 39 DLR 14; PLD 1960 (Dhaka) 13; 41 DLR (AD) 158; 16 DLR 223; 28 DLR (AD) 35; 33 DLR 191; 39 DLR 437. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.29 of 1987 (Barisal) Crimin......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....ed Vs. Collector of Customs, Chittagong and others, 1995 BLD (AD) 42. Lawyers Involved: AF Hassan Ariff with Fakhrul Islam, Advocates ‑ For the Petitioner. Zakir Ahmed & Syed Mokaddas Ali, Assistant Attorney‑General ‑ For the Respondent Nos.4 & 5. Writ Petition No.1273 of 1993. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204