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Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Court may seem fit and proper. 2. Along with the Rule the petitioner also obtained an order of stay of the operation of the impugned order (annexure-B) which has been sub­sequently extended from time to time. 3. Short facts necessary for the disposal of this Rule, as stated in the writ petit....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....f necessary notices and payment of com­pensation to the said requiring body those lands were again acquired. Some portions of the ques­tioned land were earlier requisitioned but not acquired at the time. Those land were derequisi­tioned from the proceeding of LA Case No.90 of 1965-66. Those were ......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....ional Board of Revenue to declare by a notification in the official gazette any goods and any services in respect of which the turnover tax shall be chargeable and such declaration may be made at any time before or after the issue of notification under section 3 of the Ordinance. 23. Pursuant to ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....r encashment, but on 17.07.2003, 23.07.2003 and lastly on 24.07.2003 it was dishonored due to insufficient fund. Then the witness No.1 issued a legal notice to the petitioner giving him 7(seven) days time for payment of Tk. 30,00,000/-. The petitioner replied to that notice, stating that he has lost......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....a facie case for going to the trial. No interference is therefore called for with the impugned proceeding. 13. In the result, the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule stands vacated. The trial Magistrate, Chuadanga is directed to proceed ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

....ement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying for time but the petition was rejected as there was none to move it in Court. Accordingly, both the part......Section 34 of the Industrial Relation Ordinance, 1969 against the petitioner-company claiming scale of Tk. 820-36-1468/-. in place of Tk. 620-20-980/- with retrospective effect from the date of their appointment. With a view to contest the case the second party-petitioner company filed a written sta..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......‘25 of the Co‑operative Societies Rules. 1987 hereinafter referred to as the Rules provide for delimitation of Constituency and holding of election of a Co‑operative Society. Rule 16 provides for appointment of an Election Committee for conducting the election. Sub‑rule (1A) of the said Rule 1..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....on an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Crimi­nal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising but of and......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..

Category: Criminal Law | Date: | Hits: 103

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

.... the material evidence on record in order to come to a proper decision in this appeal. 15. There is no denying of the fact that the deceased Mostafizur Rahman Milu was murdered by sharp weapon sometime in the night following 13.12.1996 and his dead body was found in the morning of 14.12.1996 on t......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uaranteed by Articles 27, 31, 40 and 42 of the Constitution, and why the respondent Nos.1 and 2 should not be directed to declare by notification in the Official Gazette within a stipulated period of time that the LA Case No.12/1996-97, in so far as it relates to the petitioners property pertaining ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(9) A document must be annexed to validate any injury or disability to get remedy. Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with the disabled ...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

....urt have become final and conclusive. 7. Thereafter the complainant, represented by his attorney Sharifuddin, filed a 'naraji petition' (protest petition) on 15-8-2007, well within 30(thirty) days time from 1-8-2007, that is the date of the judgment and order passed in Criminal Revision No.409 of...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..

Category: Criminal Law | Date: | Hits: 124

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....ent Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, reported in 2 MLR (AD) 302 having bearing on the point wherein it has been held that no time limit has been provided for adjudication in respect of penalty under the Customs Act (in the sa......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....sion of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it relates to the question of filing of the suit by the Bank or financial institution against the borrower within specified time is directory and not mandatory and therefore in any view of the matter the suit is not barred b......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..

Category: Civil Law | Date: | Hits: 108

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....dated 16-1-2006 stating as reason that without ascertaining the fact as to who is possessing the disputed land and as to whether there was any apprehension of breach of peace after expiry of one year time from the date of filling of the application under section 145 and without there being any speci......………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to..

Category: Criminal Law | Date: | Hits: 105

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(17) Where it has been found that the ultimate result of the suit is as clear as day light, such a suit should be properly buried at its inception, so that no further time is lost in a fruitless litigation. The plaintiff cannot be allowed to reopen the same matter af...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ..

Category: Procedural Law | Date: | Hits: 165

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....rial allegation of the plaint. The case of the defendant No.1 in short, is that the original owner of the land was Ambika Charan Das and others and they sold the property to defendant No.1 as at that time there was some restrictions in registration of minority properties as such a bainapatra was exe......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..

Category: Property Law | Date: | Hits: 112

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

.... Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. 4. The vessel MT Enterprise, IMO No.7709136 was a single hull oil tanker man­ufactured in Japan in the year 1979. After changing its name at various times and hav­ing plied under the flags of various countries, it was ultimately exported by M/S Yal......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..

Category: Environmental Law | Date: | Hits: 688

Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)

....cutive Magistrate is 'non est' in the eye of law. 3. Mr. Md. Mamun Aleem further submits that the order of appointment of the receiver of the dis­puted property was made on 18-12-2011 and by this time more than two months have already elapsed and in this perspective, the provisions of sub-sectio......itioners, submits that indisputably the proceedings under sec­tion 144 of the Code of Criminal Procedure were not converted into one under section 145 of the Code and in that view of the matter, the appointment of the Officer-in-Charge of Dumuria Police Station as the receiver of the disputed prope..

Category: Criminal Law | Date: | Hits: 74

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she hired a rickshaw for going to her paternal house. At that time another boy of Rajapur village was also accompanied with them in the same rickshaw which has a ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..

Category: Criminal Law | Date: | Hits: 83