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Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....lehuddin, inspector, Bureau of Anti-Corruption, Dhaka, lodged an ejahar with the Gulshan Police Station on 5-1-94 against the petitioner No.1 Golam Md. Abdul Awal Sarker on the allegation that he got registered a company on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “w......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..

Category: Criminal Law | Date: | Hits: 105

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....dhury from the suit premises. The case of the plaintiff is that the suit land originally belonged to Maharaja of Tripura who subsequently made a settlement of the same to Nibaran Chandra Ganguli by a registered patta dated 23‑9‑1938 and that Nibaran Chandra Ganguli constructed a building in the ......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......harged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi and others reported in 35 DLR (AD) 310. Lawyers Involved: Amir Hossain, Advocate‑For the Petitioner. AKM Mozibur Rahman,..

Category: Property Law | Date: | Hits: 59

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....2) of the Prevention of Corruption Act 1947 against both the appellants. The learned Special Judge also issued warrant of arrest because of non-appearance of the appellants. Accordingly, the case was registered as Metro. Special Case No. 04 of 2008. Then the case was made ready for trial in absentia......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ................ Respondent Judgment November 8, 2010. Result: The appeal succeeds. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290, Anti-Corruption Commission Vs. Shamima Begum and others, (2010) 62 DLR (AD) 277. Lawyer..

Category: Criminal Law | Date: | Hits: 108

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....g for Calcutta and promised to execute and register proper kabala in fa­vour of the defendant after their return to the then East Pakistan. They however did not return and no kabala was executed and registered. The defendant is in possession of the land including the huts. Defen­dant reconstructed......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...

Category: Property Law | Date: | Hits: 66

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

....ct. 2. The petitioner with others formed a co­operative society under the name and style of "Mirpur Shaheed Sriti Market Babashayee Bahumukhi Samabaya Samity Ltd.", shortly, the samity and had it registered under No.106 dated 16.2.79 with the then Assistant Registrar of Co-operative Socie­ties....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......others........................Respondents Judgment January 25, 1989. Result: The Rule Nisi is made absolute. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh, 40 DLR 353; 31 DLR (AD) 152; Government of the People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 31 DLR (AD..

Category: Civil Law | Date: | Hits: 87

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......neral in­terest of the people which requires that the election should be gone through according to the time sched­ule. So every remedy for wrong done during the elec­tion process is required to be postponed to the post election stages. 9. That the plaintiff has brought the suit and has been fi......ases Referred to- PLD 1949 Lahore 301(343); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commis­sion, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bom­bay, ..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

.... plot No. 33, R.S. plot Nos. 2411, 2412 and 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and poss......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ..

Category: Property Law | Date: | Hits: 171

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ...... the District Election Officer defendant No.2 (op­posite party No.2 herein) as described in schedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..

Category: Election Law | Date: | Hits: 152

Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)

....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......the allegations of the respondent No.8 and stated that there was no proper election at the said centre after 10 A.M. In annexure Y it is found that one Md. Ziaul Islam, another contestant to the said post, filed an application without any date to the Election Commission praying for a re-poll at the ......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..

Category: Election Law | Date: | Hits: 167

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ...... the District Election Officer defendant No.2 (op­posite party No.2 herein) as described in schedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..

Category: Election Law | Date: | Hits: 206

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....s from the judgments and orders of conviction of the Special Tribunals under Special laws have been communicated out of time as appear from the office notes. The section entertained those appeals and registered as Criminal Jail Appeals. This Court by judgment and order dated 27‑11‑02 dismissed 5......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

.... deed of exchange dated10‑07‑96 without any consideration in order to defeat preemption that may be sought for by his co-sharers of the homestead. 28. It is true that the deed of exchange is a registered document. Registration, no doubt, attaches a statutory presumption, which extends to the ......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...

Category: Property Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....ale deed in respect of the suit land. Then the plaintiff made a search and after obtaining the certified copy of the sale deed came to know definitely about the same. The plaintiff never executed and registered the kabala in question and the same was created in collusion with the deed writer taking ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..

Category: Property Law | Date: | Hits: 80

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, coll......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed section 25(1) (b) of the Act at the time reads as follows: “No complaint shall lie against an order of termination of a worker under section 19, unless the worker concerned is an officer of a registered trade union and his employment is alleged to have been terminated for his trade union act......Plaint case, in short, is that on 19‑12‑77 the plaintiff joined the office of defendant, Uttara Bank, as a junior assistant and in due course was confirmed. On 30‑12‑80 he was promoted to the post of senior assistant and continued as such serving the bank to the satisfaction of all. 5. On......ent July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mills Ltd Vs. ABM Kazi Nazrul Islam, 1987 BLD (AD) 182; Senior Manager, D..

Category: Employment/Service Law | Date: | Hits: 174

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....irected to execute and register the proper sale deed in respect of the suit property within 30 days from the deposit of balance consideration money failing which the plaintiff to get such decree duly registered through Court. 10. In a suit for specific performance of contract the Court has only t......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ...... Vs. Chairman, Court of Settlement and another, Civil Petition Leave to Appeal No.290 of 1990; Civil Petition Leave to Appeal No.6 of 1991; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved: M I Farooqui, Advocate ‑ For the Petitioner. Md. Saidur Rahman..

Category: Property Law | Date: | Hits: 81

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....Advocate Commissioner in his report stated that SA Plot No.1730 has been created out of the land of CS Plot No.3600 (Annexure‑'B'). The petitioners state that the plaintiff in the said suit filed unregistered do Amalnama in evidence of settlement of the suit land and on the basis of the same the s......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

....ppellant's present and permanent address Exhibit 5(3) showing the address to which the notice of demand had allegedly been sent, Exhibit 6(2) the postal acknowledgment card showing, address where the registered letter was sent and relevant oral evidences on record, there is no presumption of service......t in view of evidence appearing from Exhibit 2 as to appellant's present and permanent address Exhibit 5(3) showing the address to which the notice of demand had allegedly been sent, Exhibit 6(2) the postal acknowledgment card showing, address where the registered letter was sent and relevant oral e...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..

Category: Civil Law | Date: | Hits: 83

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....application, I am to trace out the recorded backgrounds of this suit, which is, in one word, chequered. It was instituted on 29‑9‑1994 before the Senior Assistant Judge, Sadar, Mymensingh and was registered as Title Suit No.263 of 1994. The PW1 was examined on 2‑3‑1996 in part. On a general ......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..

Category: Property Law | Date: | Hits: 80