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Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....long with petitioner purchased about 29 bighas of land at Badarganj and thereafter both brothers resided and acquired property at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their properties in India and accordingly both the......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....f the house property. Upon this finding the Tribunal by a majority view dismissed the appeal and field that the entire income from the house property should be taxed under section 9 of the Act at the hand of the assessee. 3. The learned Advocate for the applicant contended that the finding of the......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.....- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Chandpur in Special Tribunal Case No.7 of 1988 convicting appellants Siraj Mal, Nurul Islam alias Nur......im girl was kept confined in the house of accused Adam Mal and the victim girl was going to be shifted elsewhere in the night following 27.2.87 and on receipt of such information he went there and recovered the victim girl along with accused Nurul Islam and arrested him when he tried to flee away. O...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....Ministry of Shipping in respect of the petitioner's promotion as contained in Annexure 'C' to the petition. 10. Dr. Rafiqur Rahman, the learned Advocate appearing for the respondents, on the other hand has submitted that the BIWTA (Authority) never cancelled the order No.68 of 1985 dated 6.2.85 w......are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs. Secretary, Ministry of Cabinet Affairs Establishment Division, GovernÂment of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30;......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....case under sections 302/34 of the Penal Code read with Special Powers Act, 1974 having been held on and from 25-4-78 was a nullity. Mr. Chhana, the learned Assistant Attorney-General, on the other hand, submits that cognizance having been taken prior to the amendment/omission of paragraph 5 of th......ome Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: The Rule is made absolute. Cases Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bulbul Vs. The Government of Bangladesh, Civil A......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....hava in failing to consider that after declaration of elecÂtion schedule, such dispute can not be resolved by writ petition other than an election petition. 6. Mr. Rokanuddin Mahmud, on the other hand, took us to the gazette notifiÂcations dated 2nd July, 1998 and 21st June, 1973 and submitted ...... the voter list of Jhalokathi Pourashava was prepared and published for each Ward, and in June, 2010 it was detected that about 400 families of "Abason Project Nos.1 and 2" estabÂlished by the then Government on the land of Uttar Kistakathi under Ward No.7 of Ponabalia Union Parishad have been enjo......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
.... granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney General Pralikar Chakma, Assistant Attorney General, Khandaker Diliruzzaman, Assistant Attorney General, Amit Talukder, Assistant Attorney General, instru......ourt Division in Writ Petition No.2669 of 2000 on 29.05.2000 calling upon the respondents to show cause as to why Sections 3, 4(KaKa), 4(Kha), 5, 6(Uo), 7 and 11 of the Rangamati Hill District Local Government Council (Amendment) Act, 1998 (Act No.9 of 1998), Khagrachari Hill District Local Governme......en as a legitimate requirement which in no way circumscribes a persons rights of franchise and seeks to manifest the very essence of partaking in the determination of who would be accountable for the management of local affairs locally. V. whether the High Court Division erred in law in holding t..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....at with reference to this resolution, the convener of the newly formed ad-hoc committee, the defendant No.2, wrote to the former Chairman of the Mymensingh Dhaka Coach Malik Samity requesting them to hand over the organizational duties and function to the ad-hoc committee at 10-30 AM on 21-1-95. ......th reference to this resolution, the convener of the newly formed ad-hoc committee, the defendant No.2, wrote to the former Chairman of the Mymensingh Dhaka Coach Malik Samity requesting them to hand over the organizational duties and function to the ad-hoc committee at 10-30 AM on 21-1-95. 9. I......plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secretary General, Bangladesh Sarak Paribahan Samity) from disturbing the management of the affairs of the executive committee of Mymensingh Dhaka Coach Owners Association ti..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... misdirected himself in disallowing the petitioner's application for pre-emption causing failure of justice. 5. Mr. BK Das, the learned Advocate appearing for the opposite party No.1, on the other hand, contends that the suit holding comprised of two plots namely the plot No.1975 as chara land an...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....he plaintiffs were bargaders under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Guru Charan Ram Kanta and Rup Chand died leaving sons Ram Krishna and Ram Charan and they settled the suit land on 17-5-1939 with A......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
.... revision. 5. As regards the 1st ground, the learned Advocate Mr. Ayenuddin appearing on behalf of the petitioners in support of the Rule could not show us any authority on the point. On the other hand Mr. Abdus Salam Mamun, the learned Assistant Attorney‑General by referring to the case of Kas......d not file such appeal. In the case reported in 1989 BLD (AD) 13 we also find that the son of the victims preferred a revision before the High Court Division against the order of acquittal since the Government did not file any appeal against that order. So, we find there is no bar in preferring a re......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....gal and, as such, according to the learned Advocate for the petitioner the detenu is entitled to be released.
5. Mr. Laskar Fakhruddin Ahmed, the learned Assistant–Attorney General, on the other hand, finds it difficult to support the detention of the detenu in view of the grounds having been s......Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Muklesur Rahman (Md.)…………………………………………………Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………â€......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
..
Category: Criminal Law | Date: | Hits: 105
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J KM Hasan J Shamsul Haque (Md.)........................................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Disaster...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ..Category: Administrative Law | Date: | Hits: 205
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....of land out of .28 acre of land of the suit Plot, stating that .28 acre land of Plot No. appertaining to S.A. Khatian No. 227 of Mouza Guatala under district Madaripur originally belonged to Kailas Chandra Saha and others. R.S. and S.A. records accordingly were prepared in their names. As one of th......, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of l......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....aj Vs. Deputy Custodian, Bombay, AIR 1966 SC 334 (366); M/s Heckett Engineering Co. Vs. Their Workmen, AIR 1977 SC 2257 (2261); Chief Justice of Andhra Prodesh Vs. LVA Dikshitulu, AIR 1979 (SC) 193; Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Nur Mohammad Vs. Moulvi Mainuddin Ahmed, 39 ......g upon the respondents to show cause as to why the impugned Memo No. Sha. 15/2 Rabi-1/97/31 dated 16-2-97 purported to have been issued by Mr. Abdullah Harun Pasha, Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and Secretary to the Chancellor of Rajshahi Unive......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....n Civil Petition for Leave to Appeal No.78 of 2011 on the following Grounds: “I. Because the High Court Division in making the Rule absolute in respect of Writ Petitioner No.6, Md. Saiful Alam Khandoker in Writ Petition No.2331 of 2009 failed to take into consideration that several notificatio......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......rvey /Shohiyok/5787/651 dated 15.04.2004; BADC/Khudra Sesh(Admin)1/Obbha-Proka/BADC/Sech Wing/193/2001/605 (400) dated 30.10.2002; BADC/Sech Wring/193/2001/608 (400) dated 30.10.2002; BADC/Fertilizer management (Administration)/Ao-17/2002-03/455 dated 30.10.2002; BADC (Accounts Division) 443 dated 1..Category: Employment/Service Law | Date: | Hits: 73
....This Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....therefore, the High Court Division is not justified in arriving at the conclusion that the case is barred by limitation. Mr. Mahmudul Islam, learned counsel appearing for the pre-emptee, on the other hand, contended that the fundamental principle is that the pre-emptors are required to prove the dat......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....
3. The plaint case, in short, was that the land measuring 1912 decimals appertainÂing to mouza Bagura Alekanda in J.L. No.50 under C.S. Khatian Nos. 160 and 178, plot No.1548 belonged to Gobinda Chandra Shil. He executed a will and appointed his wife Sona Lakhshmi as executrix. Defendant No.3, R......instiÂtuted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for decÂlaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....9. ......dra Das transferred 1.60 acres of land including the suit land to the plaintiff and his nephew Dilip Kumar Das by a kabala dated 04.07.1985. The possesÂsion of the transferred land was duly handÂed over to the transferees, namely, the plaintiff and Dilip Kumar Das. The names of the plaintiff and D...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
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