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Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....s further stated that the matter is now under investigation of Bureau of Anti-Corruption who has seized the documents in this connection. And RAJUK was not aware about other cases and it was not made party in these cases. It is also stated that it approved the plan of respondent No.2. 5. In a nut......d that the agreement was made without any knowledge of the decision of Writ Petition No.685 of 1970 and the decision of Civil Petition No.84 of 1974. It is further stated that the matter is now under investigation of Bureau of Anti-Corruption who has seized the documents in this connection. And RAJU..

Category: Property Law | Date: | Hits: 248

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....ate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner instituted Probate Miscellaneous Case No.38 of 1993 under section 290 of......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...

Category: Property Law | Date: | Hits: 106

Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)

....¦..Petitioners Vs. State, represented by the Deputy Commissioner...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. Abed Ali, 3......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...

Category: Criminal Law | Date: | Hits: 109

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....ly transferred by it though this cannot be done in the case of a heba (y) Two conditions, however, must concur to make the transaction valid, namely, (1) actual payment of consideration (iwaz) on the part of the donee, and (2) an intention on the part of the donor to divest himself in praesenti of t......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...

Category: Property Law | Date: | Hits: 103

Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)

....hat he should first be a member of the Bar Association. The petitioner further states that because of the inordinate delay in replying to his application dated 27-10-97 he is deprived of his right to participate in the Bar Council election held on 25-5-97 and his fundamental right guaranteed under A......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..

Category: Others | Date: | Hits: 143

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up an...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...

Category: Company Law | Date: | Hits: 317

Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....nly legal heirs to inherit her share. On 10.4.1950 an area of 32.50 acre of land was requisitioned in LA Case No.29 of 1949‑50 including 0'10 acre of CS plot No.680,0'13 are of CS plot No.681 being parts of these plots and entire 0'28 acre of CS plot No.677 of Mouja Dhanmondi owned and possessed b......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..

Category: Property Law | Date: | Hits: 121

Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)

....ndi for post‑mortem exami­nation with chalan dated 26.7.82. He said that Safluddin Ahmed also visited in the PO, prepared the sketch map with index, seized alamats; as per seizure list such as one part of broken door, one hurricane, blood stained earth, one rope, etc. marked Exts. Nos. I‑V whic......inst the accused in that case. 3. P.W.10 Mujubur Rahman, Inspector of police said that he knows the hand writing of Safiuddin Ahmed SI of police who recorded the FIR of this case and also held the investigation and the inquest on the "body of the deceased and prepared the inquest report. He said ..

Category: Criminal Law | Date: | Hits: 112

Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)

.... view of sub‑section (5) seems to be mandatory in nature so far as the decision of the High Court Division is concerned. But how the High Court Division will decide the question without hearing the party at whose instance the reference is made seeking answer to the question raised thereby? The dec......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....ddin then protested whereupon Fulu struck on his head with the spear. Amiruddin fell down and appellant Nos.2 and 3 began to beat him with lathis. Thereafter there started random fighting between the parties. 4. P.W.2 Abdul Jabbar also protested where­upon appellant No.4 gave barsha blow on the lef......lice station. P.W.18 Mizanur Rahman the then officer‑in‑charge of that police station filled up the form of first information report after recording the said ejahar marked Ext.1 and entrusted the investigation of the case with SI Mokbul Hossain who visited the place of occurrence, held inquest o..

Category: Criminal Law | Date: | Hits: 86

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....cancellation of lease granted in favour of the petitioner of a restaurant by the name Ramna Cafeteria within the Ramna Park belonging the City PWD Division Dhaka. The cafeteria also belongs to this Department. The respondent No.1 floated tender by tender notice being Memo No. 2533(2)/15‑C dated 30......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

....pazila Sreepur, District Dhaka in Misc. Appeal No.73 of 1983 reversing those passed on 16.8.77 by Mr. Abdul Awal, Circle Officer (Rev), Sreepur rejecting the application filed by the present opposite party Abdul Baten under section 4 of the Alienation of Land (Distressed Circumstances) (Restoration).......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...

Category: Property Law | Date: | Hits: 110

Saifur Rahman Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

....ty and totally ig­noring the petitioner's seniority over all such promotees except No.14. 3. The Government of Bangladesh contested the case by filing a written statement. 4. After hearing the parties and considering the evidence and records of the case the Administrative Tribunal passed the ...... is discharged with­out any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538...

Category: Administrative Law | Date: | Hits: 445

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....nd so he was taken back to the custody and im­mediately thereafter the detention order was served. The sequence of events shows palpably that it was colourable exercise of power and mala fide on the part of the respondent." Thus from the above judgment it is apparent that when the exercise of power....... It is further stated that the detenu was not named in the F.I.R. of the said mur­der case but the detenu was arrested on 8.11.86 and thereafter he was released on bail on 20.11.86 and police after investigation submitted final report on 30.8.87 in his favour and the Court accepted the final repor..

Category: Criminal Law | Date: | Hits: 100

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....uch the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and conditions of his service is exclusively triable by the Administrative Tribunal. 8. Moreover, apart from section 4 of the Ad­ministrative Tribunal Act, we must refer to Article 117 of the Consti......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

....e ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remanding, the suit mainly for that pur­pose although this rule 27 is not intended to enable a party to patch up the weak part of his case. Where the appellate Court considers the taking of addit....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..

Category: Property Law | Date: | Hits: 115

Chittagong Port Autho­rity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

....rong marks and shall not be held liable for any misdelivery, deterioration or complete destruction of all such cargo discharged into the Jetty premises. (g) If any, owner, without any fault on the part of the Jetty Administration fails to remove any cargo (other than those stored in Warehouses Li......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..

Category: Business or Commercial Law | Date: | Hits: 397

Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)

....ged information from the Retiming Officer (Annexure B) on 7.3.88. The present respondent filed his affidavit-in-opposition in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also po......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..

Category: Election Law | Date: | Hits: 215

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

.... Act, 1887 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant st......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..

Category: Property Law | Date: | Hits: 101

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

....on for proceeding with the execution case and the Assistant Judge, Cox’s Bazar allowed the prayer of the decree holders by his order dated 27-5-1992 and fixed 3-6-1992 for taking necessary opposite parties were aware of the execution proceeding at least on the date on which they made such an appli...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..

Category: Property Law | Date: | Hits: 94