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Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......i obtained exclusive possession in 0.32 decimals of land in Suit Plot No.517. Later she sold the same to the defendant No.1 by executing a Baina Nama on 31.5.1997 upon obtaining Tk. 20,000/- as Baina money out of the total consideration of Tk. 50,000/-. Later the sale was finalized by executing the ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......The petitioner is entitled to re-employment as a Primary Teacher under the provision of rule 389 of the BSR, Part I, till he attains the age of normal retirement, subject to return of invalid pension amount he received, if any, after obtaining the invalid retirement. 17. The Respondents are dire...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ..Category: Employment/Service Law | Date: | Hits: 70
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......will be allocated by the commission since the petitioner-company has acquired a vested right in operating the television channel since it has complied with all requirements of law and invested huge amount of money by way of acting upon the NOC and by employing 3000 employees and having gone on tes......located by the commission since the petitioner-company has acquired a vested right in operating the television channel since it has complied with all requirements of law and invested huge amount of money by way of acting upon the NOC and by employing 3000 employees and having gone on test transm..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617......., there is no dispute from either side. From the evidence of witnesses including P.W.13 Dr. Mojibur Rahman it appears that during the post-mortem examination on dissection after moving the scalp huge amount of clotted blood was found present under it. Blood clot was also found present on the meninge......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...Category: Criminal Law | Date: | Hits: 60
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......out mentioning the date and time of this call is not sufficient to proceed against the present petitioner. There is little scope of furnishing these particulars at the time of trial because that will amount to improvement of the prosecution case. It is unfortunate that the investigating-officer also......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...Category: Criminal Law | Date: | Hits: 58
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......Huda, through registered Saf kabala No.6086 dated 16.11.1991, who executed a Bainapatra to sell the said 0.52 acres of land to the defendant Noor Mohammad, upon executing and accepting Bainapatra and money respectively and handed over the possession of the said 0.52 acres of land to the defendant. L..Category: Property Law | Date: | Hits: 62
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......r a direction upon the defendants to produce the documents namely certified copy of a revisional application filed in the High Court Division by the defendants and proof of deposition of compensation money by the requiring authority. The learned Assistant Judge heard the application and rejected the..Category: Property Law | Date: | Hits: 58
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......our Md. Azimuddin, son of Md. Abdus Sobhan a sum of Taka 40,000/- for the purchase of his land but the said Azimuddin did not execute and register the sale of the land concerned nor did he return the money on various excuses even after several reminders to him; that on 20.5.97, around 4.30 p.m. the ..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......ity has not followed the mandatory provisions of Section 5(1)(a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 and as such, the purported acquisition is illegal, arbitrarily and tantamount to malice in law and fact. 6. It appears the writ-petitioners purchased the land in 1986......itioners and their predccessor-in-interest were and are in peaceful possession without any interruption from any quarter. Neither the petitioners nor their predecessors were paid any compensation money and the C.S. Plot No.164 become without any purpose of the respondents. During the Mohanagar Z..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134......., who has been made party in the suit as defendant No.1, and said Ahmed Newaz Bhuiyan entered into an agreement for sale of the suit property with the plaintiff on 10.04.1986 fixing the consideration money at Tk.2,00,000/- and in presence of witnesses he having received Tk.1,80,000/-executed the a..Category: Property Law | Date: | Hits: 61
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......and order of the High Court Division and the papers on record. 6. It appears that an exporter of goods or service or foods as mentioned in section 13 of the VAT Act is entitled to draw back on the amount of VAT, supplementary duty, customs duty, excise duty and all other duties and/or taxes paid ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......hey would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the said decision, the plaintiffs paid the said consideration money. But Gouranga Chandra Das died and, as such, the sale deed could not be effected. The plaintif..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......npur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused petitioner Nos. 2 and 3 are actually not the owners, he demanded for refund of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the order passed under section 202 o..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......solidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was rescheduled in the Board meeting of the Bank, held on 16th April, 1997, with prior approv......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ...... the High Court Division should have directed the respondents to submit to adjudication as proposed by the petitioner for settlement of their respective claims before taking away the petitioner's money. 6. Admittedly, the petitioner failed to complete the work within the stipulated time. He..Category: Others | Date: | Hits: 118
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......the petitioner participated in the above mentioned tenders and being highest bidder his tender was accepted by the Roads and Highway Department. He was asked by the respondent No.3 to deposit the bid amount by different letters issued under different memos on different dates. Thereafter, the petitio......epartment. He was asked by the respondent No.3 to deposit the bid amount by different letters issued under different memos on different dates. Thereafter, the petitioner deposited the required sum of money in the above mentioned auction and respondent No.3 issued the work orders as follows:- "Wor..Category: Others | Date: | Hits: 165
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....nding and to make statements. In our view, there is no legal bar in recording a confessional statement of a sick person. However the law requires the recording Magistrate to assess the situation as a whole including the maker's ability to understand the implication of what he is saying and to decide......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......d and few others. On this occasion there was no meeting. Later on, Mehedi took a loan of Taka 500 from PW 2. So, in the first weeks at October 2005 PW 2 went to that house in the night to collect the money. But he found nobody there. So he waited up to 10-00 PM when Mehedi and his companions being M..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
.... the Act read with its preamble will make the position clear. Section 1(2) of the Code relates to the extent of applicability of the Code to a special law. It reads as under: "1.(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contai......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......ce to the jail appellant to release him had he helped them in apprehending other accused or that he was not released in breach of their promise, He also denied the defence suggestion that he demanded money from the jail appellant after such arrest or that he was not released since he did not give hi..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....ned prisoners is that the non-compliance of section 342 of the Code of Criminal Procedure in the present case caused serious prejudice to the condemned prisoners inasmuch as the same has vitiated the whole purport and scheme of the criminal jurisprudence in that respect. The learned Counsel placed r...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......y she came to know the names of the condemned prisoners as Abul Kalam alias Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further s..Category: Criminal Law | Date: | Hits: 91