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Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......e High Court Division failed to appreciate that the Exchange case No.1/1C-1968-69 was initiated when the property was under requisition and thus, the writ petitioner has acquired no right, title or interest in respect of the said property is pursuance of the deed of exchange and as such he has n..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....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.......itle and possession of the plaintiffs alleging their homestead on the land and their possession also through cultivation. The defendant No.6 filing written statement claimed that the predecessor-in-interest of the plaintiffs settled 2.57 acres of land with the said defendant. 4. The learned Sub..Category: Property Law | Date: | Hits: 93
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......ted 17.9.98 customs duty, VAT, IDSO and AIT on the import of power tillers and its accessories during the period from 15.9.1998 to 30.6.1999, were exempted and the above exemption was given in public interest i.e. for the interest of agriculture, so not without any reason, and further the above exem..Category: Fiscal/Taxation Law | Date: | Hits: 92
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......o do, the right of the petitioner survive, still today with all rights and privileges on the said agreement entered by and between the parties on 13‑11‑1964 with all its consequential effects and interests. 7. On the other hand, Ms. Farah Mahbub, the learned Assistant Attorney-General appeari..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......in the meaning of section 46 of the Act inasmuch as their registered mark has gained wide popularity with the consumers in Bangladesh and the registration of the mark of the appellant has damaged the interest of the respondent No. 2 and, as such, they are entitled to file an application under sectio..Category: Intellectual Property Law | Date: | Hits: 226
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......he impugned order of conviction and sentence without properly weighing and sifting the evidence on record as is required by law and consequently the impugned judgment is liable to be set aside in the interest of justice. 8. Mr. SM Aminul Islam, the learned Assistant Attorney-General appearing for..Category: Criminal Law | Date: | Hits: 45
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......ontested the Suit by filing a written statement. His case, in short, is that the suit land was within Ramchandrapur hat of the erstwhile ‘Zaminder.' With the wholesale acquisition of land receiving interest under section 20 of the State Acquisition and Tenancy Act, 1950 the suit land vested in the..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......e thing. The Jurisdiction for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps, in his own interest th..Category: Criminal Law | Date: | Hits: 70
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......ere amicably partitioned amongst the plaintiffs and defendants by the aforesaid registered deed of partition, which was duly acted upon. After the partition, the plaintiffs had got no right, title or interest in the suit property. The institution of the suit and making of the application for appoint..Category: Property Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......cate for accused-appellant. Appellate Division, thus, sent the appeal to the High Court Division to consider the case on merit and to pass whatever order or orders it might think appropriate in the interest of justice. 45. In State Vs. Abul Kalam, 5 BLC 230 one Abul Kalam stood convicted for of..Category: Criminal Law | Date: | Hits: 64
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......of maintaining upto date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the revenue officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken by the Appellate Division, we hold tha..Category: Criminal Law | Date: | Hits: 42
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......report. Having found the claim of the plaintiff false, the lease was cancelled. Subsequently, the plot was allotted to defendant No. 7 who already deposited the instalments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 ..
Category: Property Law | Date: | Hits: 73
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......ld, or offered for sale, for delivery at time and place of importation, as the case may be, in course of international trade under fully competitive conditions, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for sale or offer for..Category: Fiscal/Taxation Law | Date: | Hits: 78
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......nstituted Money Suit No.21 of 1993 before the learned Joint District Judge, 2nd Court, Gazipur against "the predecessor of the defendant opposite party Nos. 2-4 for realisation of Tk.18,07,359/- with interest pendente lite. The suit was ultimately decreed by the judgment and decree dated 06.04.1994...Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ds, as plaintiff on 13‑5‑2001 instituted the suit against the petitioner, a statutory corporation, and others for a decree for US$ 436,578.58 equivalent to Taka 24,011,821.90 as compensation with interest of Taka 3,814,265.39 for the period from 14‑5‑2000 to 30‑4‑2001 and also for furthe..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......ever, of the said decision, the said Court observed: "Barring a few exceptions in criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for br..Category: Criminal Law | Date: | Hits: 82
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......d above are receivable to prove the facts stated on the general ground that they were made by the authorised agents of the public in course of official duty and respecting facts, which were of public interest or required to be recorded for the benefit or the community. A seizure list, a post mortem ..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... bar to transfer them from one post to another for better and efficient management of the Department for collection of more revenue. That the impugned Act has been made on bona fide ground for public interest to meet the exigencies of the services. 5. Mr Mainul Hosein, the learned Advocate on..Category: Employment/Service Law | Date: | Hits: 116
....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......nd that the Courts below have rightly rejected the prayer for temporary injunction. We are satisfied that the petitioner has prosecuted a frivolous application who has no prima facie right, title and interest in the suit land and therefore his prayer for temporary injunction has been rightly rejecte..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......acres of land. The defendant Nos.1 and 3 contested the suit by filing a joint written statement denying the material allegations made in the plaint and claimed that the plaintiff had no right, title, interest and possession in the suit land. 3. The trial court on consideration of the evidence on ..Category: Property Law | Date: | Hits: 48
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