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Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....at in question was taken over by the Government and thereafter the Waqf Estate took lease from the Government and then it was again taken over by the Government and placed under the management of the local Union Parishad and therefore, the learned Additional District Judge has committed no error of ...... Subordinate Judge upon hearing the parties by order dated 6-4-1983 allowed the prayer for temporary injunction and restrained the No. 1-4 from leasing out the Waqf portion of the Ahsangonj Hat to anybody else till the disposal of the suit or till the date of fixation of annuity is earlier. The defe..

Category: Property Law | Date: | Hits: 105

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....f Possession) Ordinance, 1970, as amended submitted that section 5 of the said Ordinance provides the procedure for eviction of unauthorised occupants in the lands belonging to the government and the local authority, wherein notice for 7 days has been prescribed but in the instant case only one dayâ......e basti but basti people did not respond and that the notice for eviction was given on 26-12- 93 fixing 5-1-94 as date for eviction and that the Housing and Building Research Institute is a statutory body and is a project for the benefit of the citizens of the country and that petitioner being a tre..

Category: Property Law | Date: | Hits: 97

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....in dispute. According to the Revenue Department, the Corporations brought into existence by virtue of the provisions of Presidents Order No.27 of 1972 though creatures of the statute yet they are not local bodies and they are companies within the meaning of section 2(8A) of the Act. In the reference......al of the provisions of section 10(2) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 it is clear that a corporation brought into existence by the said President’s Order is a body corporate and, as such, it answers the description of company as incorporated in section 2(5A) ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...

Category: Criminal Law | Date: | Hits: 104

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....erty did not belong to Taherul Anwar and Nelufar Anawar. He denied that he created the power of attorney in collusion with Anwara Begum. 29. PW 5 Nargis Sultana deposed to be an Advocate. She held local investigation as an advocate Commissioner after service of notice upon both parties. She submi......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..

Category: Property Law | Date: | Hits: 71

Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....tained anticipatory bail and filed this application for transfer of the complaint case from Magura to any other Sessions Division mainly on the ground of their insecurity at Magura and involvement of local administration in the matter. 3. Mr. SM Rezaul Karim, the learned Advocate appearing on beh......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..

Category: Criminal Law | Date: | Hits: 100

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....the suit land. She instructed her father to make a two-storied building on the suit land and accordingly, she time to time sent money to her father. 9. Hamiduddin Ahmed got a plan approved by the, local Municipality on 17-12-80. By a Power of Attorney dated 16-6-85, Farida Rahman again appointed ......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

.... any dress and arms and without any specific order from any authority. This witness further says that he and his companion police personnel and the village police did not raise any hue and cry and no local people came to the place of occurrence. This statement of PW 1 also cast serious doubt about t......ctual occurrence and his evidence cannot also be relied upon. 23. PW 12 Mansur and PW 13 Mozemmel were tendered and the defence declined to crossexamine them. 24. PW 14 Azahar Ali took the dead body of the victim to Rajshahi Medical College morgue on the basis of challan Exhibit 4. He further ..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....e. Positive defence taken is that deceased Lili Begum committed suicide by hanging. 5. At the trial the prosecution examined nine witnesses, of whom three were official witnesses and remaining six local and private witnesses. After closure of the prosecution witnesses the accused persons on dock ...... Kha, the father of deceased Lili Begum, getting information of the death of his daughter from accused Abul Hashem Kha, brother of the appellant, came to the house of the appellant and found the dead body of his deceased daughter covered by a quilt lying on a cot. Then he going to Kaokhali Police St..

Category: Criminal Law | Date: | Hits: 41

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......e telecommunications sector is in the process of being established in Bangladesh. In particular, it is anticipated that a new Telecommunications Act will be enacted and that an independent regulatory body will be established to regulate the telecommunications sector as the successor to MOPT. It is f..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... they were heard together and are being disposed of by this common judgment. 2. Both the petitioner-companies assemble refrigerators after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that supplementary duty on other electrical home app......nd any irregularity or infirmity the law will not be discriminatory. The learned Assistant Attorney- General then contends that Government has been authorized by section 14(1) of the Act to exempt anybody from payment of VAT and in exercise of that authority the Government in respect of other electr..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....h a view to participate in the 4th tender due to be held on 13-4-2005, he could not purchase the tender documents and participate in the tender due to the interference and obstruction created by some local influential persons. The petitioner therefore, requested the respondent No. 4, Deputy Commissi......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..

Category: Others | Date: | Hits: 114

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ty of the appellant and to drive him away from Bangladesh, giving a wrong address of the appellant in West Bengal. 3. Further case of the appellant is that the defendant No.4 in collusion with the local Thana staff served a notice upon the appellant through the defendant No.3, the officer in-char......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...

Category: Immigration and Citizenship Law | Date: | Hits: 190

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....on. Section 4 of the Code provides that in the absence of Specific Provision to the contrary, the provisions of Code of Civil Procedure shall not be deemed to limit or otherwise effect any special or local law in force or any special jurisdiction or power conferred or any special form of procedure p......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

.... No.2 that the suit property was joint property and was earned as such and he was acting as the karta and manager of the joint Hindu Family. 11. Both parties filed their documents and examined the local witnesses to prove their respective cases. 12. The suit was dismissed by the trial Court on......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... tried to escape through the southern side of the said Hotel Doush at about 12-30 AM. He jumped on a tank adjacent to southern side of the Hotel. Police personnels secured his arrest and searched his body, one country made pipe-gun and two live cartridges had been recovered from his possession. Conv..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......sumer nor the gas supplier to go and wrangle over each and every dispute in Court. There should be some statutory system for arbitration or conciliation with provisions for appeal to some specialised body as is available in other countries. This is high time for the Government to intervene and provi..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......eport at 10-30 PM. 2. Inspector Md. Jahurul Islam Chowdhury took up the investigation of the case and visited the place of occurrence. Sub-inspector Md. Shamsul Alam Fakir held inquest on the dead body of Azhar and forwarded the dead body to the morgue for post-mortem examination. Inspector Md. J..

Category: Criminal Law | Date: | Hits: 35

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

.... respect of their respective land and now, possess the same in their specific share by raising dwelling huts, etc. and on payment of rents. 4. On 8-7-1998 the plaintiffs got a notice issued by the local Demra Police Station on the basis of a complaint dated 7-7-1998 lodged by the defendant Nos. 1......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....rgo on board the said vessel and the vessel should not be allowed to leave the territorial waters of Bangladesh. 2. The petitioner is a shipping company and carries on business, among others, as a local shipping agent of the Shipping Corporation of India Limited which owns the concerned vessel â€......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212