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Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

.... redress of their grievance on an erroneous view of law and the same has occasioned a failure of justice. 8. Mr. Faziul Karim, the learned Advocate appearing for the opposite parties, on the other hand, submits that the learned Subordinate Judge was perfectly justified in passing the impugned ord......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......ion 115(1) of the Code of Civil Procedure. In the facts of the case, we, therefore, find no substance in the revisional case which must fail necessarily. 10. It is worthwhile in this connection to note that the plaintiff has the right to choose the defendants he wants to sue against and the Court..

Category: Procedural Law | Date: | Hits: 67

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......Construction and the Deputy Administrator of Waqfs Dhaka as members for implementation of the scheme for the development of the land by the side of the Pir Yeameni Waqf Market. It appears from office note dated 26-10-97 that previously a committee was appointed for the construction of the Pir Yeamen..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

.... of their lawful discretion decided to transfer the entire unused lands in favour of RAJUK at the market price. As such, he prayers for allowing the appeal and dismissed the suit. 11. On the other hand, Mr. Sheikh Razzaq Ali, the learned Advocate, appearing on behalf of the respondent candidly ad......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....63 of 2001. Judgment Md. Abdur Rashid J.-This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 2‑7-­2001 passed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which con......three months. 2. The prosecution case, in short, is that on or about 3‑2‑1997 at about 7‑30 PM the appellant purchased turmeric worth of Taka 50 from the shop of the informant and gave him a note of Taka 500, which he declined to take as he did not have change. He also doubted the note to b..

Category: Criminal Law | Date: | Hits: 87

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....rney General prays for granti­ng leave by this Court against the impugned judgment and order. 9. Mr. Salauddin Dolon, learned Advocate, entering caveat on behalf of the respon­dent, on the other hand, supported the judg­ment and order passed by the High Court Division. 10. From the impugned......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...

Category: Employment/Service Law | Date: | Hits: 86

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

....hmud, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In Civil Petition Nos. 944 & 946 of 2011). Rokanuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate -on-Record-For Respondent Nos. 8 & 13 (In Civil Petition No. 945 of 2011......ons and that with the passage of time they had acquired a vested right to be absorbed in the newly created posts according to the doctrine of legitimate expectation. The High Court Division also took note of the judgment delivered by one of its Division Benches in Writ Petition Nos.1522 of 2004 hear..

Category: Employment/Service Law | Date: | Hits: 66

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

....sregarded by either party of the settlement. In the Dhaka High Court case referred to herein above the court opined that the terms of the terminated settlement is binding on the workers. On the other hand, in the Indian Supreme Court decision of 1980 it was held that terms of the settlement is bindi......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...

Category: Labour and Industrial Law | Date: | Hits: 168

Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)

....h was upheld upto this Court in CR Case No.92 of 1989. Thereafter first party filed an application before the learned Magistrate First Class, Sylhet for directing OC Kotwali PS who is the receiver to hand over possession of the attached property to him in pursuance of the decree of the civil Court B......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...

Category: Criminal Law | Date: | Hits: 65

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....nt Md. Tajul Islam, a probationary SI of Palong PS along with members of the Bangladesh Army led by Major Monir, went to Court para area and arrested the accused therefrom and at about 9-00 PM he was handed over to the custody of the PS on the next day i.e. on 21-1-96. Major Monir came to the PS wit...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......99. Result: The reference is rejected. Case Referred to- Subbatara Begum Vs. Ansaruddin, 5 BLT 191. File No. 1 M-49/98. Judgment Kazi Ebadul Hoque J.- It appears from the Office note that Miscellaneous Case No.210 of 1979 filed by the House Building Finance Corporation was disp..

Category: Criminal Law | Date: | Hits: 73

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....d sentence should be set aside and the reference be rejected and the condemned be acquitted from the charges levelled against him. 6. Mr. SM Barua, the learned Advocate for the State, on the other hand, supported the reference and the impugned judgment. He submitted that the circumstances referre......is rejected. The impugned judgment and order of conviction and sentence are hereby set aside and the warrant against the convict be recalled. Before parting with the record in this case we like to note the valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of ..

Category: Property Law | Date: | Hits: 69

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and also by amicable partition with his son Kashab Chandra Roy; that by a registered kabala dated 18.8.69 defendant No.1 Uma Rani Roy transferred the la......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....upon the parties and in between the parties. Relying upon the above decision I am of the opinion that the Government Circular has got compulsive effect in between the maker of the circular on the one hand and the persons or authorities upon whom the same is applicable on the other hand. Further, if ......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... to the existing number of population and in this connection he has filed Annexure F, which is a certified copy obtained from the Upazila Statistics Office, Daudkandi Upazila, Comilla and which is in hand‑writing, showing, according to the petitioner, the correct number of population therein. 5......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..

Category: Election Law | Date: | Hits: 137

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....the northern Bhiti hut of their house facing south and he heard hue and cry of his nephew Mustafizur Rahman and woke up by opening the door and saw one person standing at the door with a rifle in his hand. By the light of lantern he could identify the accused Kashem. Then he went out through the eas......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... 99 years. The said company also constructed some tin shed over the suit land. The properties of the said company was declared as Enemy Property and the Government took over the same and subsequently handed over the same to the East Pakistan Industrial Development Corporation. Subsequently, the Gove......e entire suit property on 16‑11‑1982 from the plaintiff and then possession by defendant No. 5, since that date and the DWs also owned the said assertions in their deposition. It is to be further noted that the plaintiff was evicted from the suit land with help of police as he did not vacate the..

Category: Property Law | Date: | Hits: 122

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....ble in law and as such, the impugned judgment and order calls for interference by this Court. 10. Mr. Rokanuddin Mahmud, learned Counsel, entering caveat on behalf of respondent No.1, on the other hand, sup­ported the impugned judgment and order passed by the High Court Division by sub­mitting ......es, taxes, penalties and other charges to the tune of TK.74,39,601.24. But the customs authori­ty did not release the goods so far as it relates to item Nos.64 to79 as mentioned in article 23 of the note sheets on the ground that the said goods arc the products of the writ-petitioner company which ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

.......................Respondents Judgment June 2, 2011. Result: The appeal is allowed. Cases Referred to- Majidunnessa Begum Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Chandan Mull Indra Kumar and others Vs. Chiman Lal Girdhar Das Parekh and another, AIR 1940 (PC) 3; R......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....hers…………………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Invo......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..

Category: Property Law | Date: | Hits: 79