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Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......nsation to the plaintiffs, that both the Court below commit­ted an error of law in not holding that the petitioner rightly paid compensation to the defendant Nos.2 and 3. She further submits that in view of the fact that both the Courts below have committed an error of law in not decreeing the suit..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....ি চেক লিখিয়া দেন।” 66. We have observed, albeit with some aston­ishment, that based on such flimsy evidence noted above, as well as taking a grossly misconceived and erroneous view of the relevant provisions law, the learned Additional Judge, In-charge, Mymensingh n......ক লিখিয়া দেন।” 66. We have observed, albeit with some aston­ishment, that based on such flimsy evidence noted above, as well as taking a grossly misconceived and erroneous view of the relevant provisions law, the learned Additional Judge, In-charge, Mymensingh not only fo..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......een stated that since the instant petitions have been filed in connection with the service matter. Administrative Tribunal is the proper forum to ven­tilate the grievance of the petitioners. In such view of the matter this rule should be discharged. 8. Writ Petition No.6791 of 2010 was filed aga..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......eye of law for which the impugned judgment passed by the courts below being law can not be interfered with. 16. Considering the facts and circum­stances of the case as discussed above I am of the view that the concurrent findings of facts as arrived at by the court below can not be interfere wit..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....Court nor any name of any creditor was mentioned in the plaint to prove that the deed of gift in favour of the deities were executed and registered by Ramani to defraud the creditor and arrived at an erroneous findings which has resulted an error in the decision occasioning failure of justice. The A......g Akhra bari and also made findings as to Braja Bala Baishnabi without considering the evidence to its true perspective but arrived at an erroneous findings and decision and thus acted upon erroneous view which has occasioned failure of justice. He further contended that the Appellate Court has gros..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......its that in Article 36 of the Constitution though the fundamental right to leave and re-enter Bangladesh is ensured, nevertheless such right is subject to reasonable restriction imposed by law and in view of the allegations against the Petitioner, his right to leave and re-enter in Bangladesh is not..

Category: Constitutional Law | Date: | Hits: 147

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ...... to the supplementary affidavit. Thus it shows that trial will take a long time. The accused-petitioner has been in jail hajat in this case since 03.12.2006 without trial. Consequently, we are of the view that the trial is unduly delayed due to the negligence of the prosecution. Considering the f..

Category: Criminal Law | Date: | Hits: 88

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......Majedul, niece Abeda Begum were taken to the Upazila Health Complex and doctor transferred to the victim to Rajshahi Medical College Hospital wherein he succumbed at 11.30 A.M on 27.3.2009. 3. In view of the said FIR on 28.3.09 the case was started against the accused persons including the petit..

Category: Criminal Law | Date: | Hits: 87

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... person. There is no statement that on the day of execution of the contract the vendor had handed over possession of any portion of the suit property. On a plain reading of this contract, I am of the view that it may be termed as a memorandum of understanding for transfer of the suit property in the..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......bers of the Association was acquired. (4) ভুমি প্রশাসন ম্যানুয়েল 2nd part provides that the land used for carrying on business should be kept outside the purview of acquisition when khas land is available. The proposal for acquiring land belonging to privat..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ent or manager of the waqf property…………….(17) The Mussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of t..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......p­tion through notification being only be prospective, retrospective effect can not be given to a notification withdrawing exemption so as to infringe the rights already accrued to the appellants in view of their opening letter of credits prior to 6.8.2000. (3) Under section 4(2) of the VAT Act ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ive expressions in the notice under section 3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as well…………" 13. This view of the High Court Division has been approved by our Appellate Division in the case reported in ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... is not heri­table relying upon the decision of 32 DLR (AD) 170 and 38 DLR 806. But in subsequent decision the case of Sova Rani Guha Vs. Abdul Awal Mia report­ed in 47 DLR (AD) 45 our Apex Court reviewed the earlier decision and opined that the tenancy is heri­table. 13. But in the instant ca..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......ptional circumstances, such as non consideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case. This is also the view taken by the Appellate Division in the case of Hazari Bala Sana Vs. Niron alias Niranjan Mandal..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....ibunal though found that under Mitakshara School of Hindu law, the son becomes equal owner of the property by birth with his father unlike Dayabhaga or Muslim law but ultimately held, of course, most erroneously that the Ordinance shall override the Hindu law particularly Mitakshara Hindu law, which......07, he submitted his income tax return for the assessment year 1997- 98 claiming income of Taka 98,380 on basis of self assessment. 8. In all the cases, the Deputy Commissioner of Taxes was of the view that the assessed was the head of an undivided Hindu family and that he submitted separate inco..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......ow that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, namely, the procreation of children. It is immaterial how soon ..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......s are not natural formation and these have been excavated and the owners had been using the tanks for rear­ing and catching fish. 7. In our opinion tanks in which fish is reared are retainable in view of provision of section 20(2a) of the Act. Although the plaintiffs have averred that people of ..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......s Rule merits substance as the impugned order lacks in an inherent defect as being passed without jurisdiction. 9. Fortified with the decisions of the apex Court as referred to above we are of the view that the impugned order passed manifestly done to have been made without any lawful authority s..

Category: Fiscal/Taxation Law | Date: | Hits: 174