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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....hall be given to the allottee by demolition of the construction.” 6. In Fahim Al Haque and another Vs. Mohammad Abdul Aziz and others, 43 DLR 226, another Division has followed the decision in upholding an order of affirmance rejecting the prayer for injunction. In Mofazzal Hossain and another ...... application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property, which we w..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....94, appertaining to MRR Khatian No. 1328, corresponding to PS Khatian No. 1319 in Mouza Char King, previously known as Char Ishwar. This will be referred to, in the paragraphs that follow as the case holding. One Moqbul Ahmed had owned 0.50 acres of land in the case holding. He died leaving behind a......4 of 1997. Abdul Matin took no part in the proceedings, either in the Courts below or in this Court. 2. Madinullah seems to have had a peaceful occupation and quiet enjoyment of the case land, for over six and half years, since he had purchased it on 4-3-1990. He might have lost his peace in Febr..Category: Property Law | Date: | Hits: 37
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....n for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption cas......cation challenging legality and propriety of the impugned judgment and order. 7 Mr. Md. Fazlul Karim, the learned Advocate appearing on behalf of the petitioner, submits that the Courts below have overlooked the specific provision of section 96(3)(a) of the State Acquisition and Tenancy Act where..Category: Procedural Law | Date: | Hits: 75
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
....Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a stock register cannot be regarded to be good reasons for holding that the taxable income of the assessee cannot be properly deduced from the account submitte...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....tion of investigation, the charge-sheet was submitted against the appellant under section 4(2) of Act 26 of 1957. Eventually the case was transferred to the Senior Anti-Corruption Tribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to w......hman……………………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption..Category: Criminal Law | Date: | Hits: 83
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the schedule thereunder, the authority to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammei Hossain J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Aff..Category: Employment/Service Law | Date: | Hits: 80
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
.... accept the alleged result declared by the Presiding Officer, has no basis in law and must be struck down. 11. For all the reasons given above we hold that the petitioner has made out a case for holding a fresh poll at centre (a) only, but has failed to make out any case for interference with r......s polling centre (b) and (c) are concerned. 3. With regard to polling centre (a) the case of the petitioners is that the polling started on 10.2.88 as usual but at 12-30 P.M. rowdy elements took over the polling booths, snatched away the ballot papers and started stuffing the ballot boxes aft..Category: Election Law | Date: | Hits: 81
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....ng witnesses and what was the paper on which he put his signature. Taking into consideration these aspects of the statements of D.W. 2 and deposition of P.W. 1 and P.W. 2. I have no hesitation in holding that no summons was served upon the petitioner and it was shown to have been served by hangi...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....500/- in cash from him. He further deposed that in the Test Identification Parade he identified appellant Angur as one of the dacoits. We will presently show that the prosecution has not proved the holding of the T.I. Parade by examining the Magistrate and the identification of the appellant in th.......S. Bajitpur Dist. Mymensingh is now in custody in this case and he made judicial confession implicating himself and others. The D.I.G., C.I.D. B/D Dhaka on the prayer of I/O of the case made him approver to give him tender of pardon during the trial of the case. Therefore, I, pray that accd. Ang..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....ng to Mr. Ahmed they were required under law to do does not stand and the Returning Officer also does not appear to have omitted to do under Rule 29 of the Election Rules, for appointing any date for holding re-election. Therefore, we find that the officials or the Election Commission did not fail i......ed at Dhaka Uttar Muhammadpur Centre. It is stated that form ‘T’ as in Annexure 'C’ was prepared by Presiding Officer in presence of all the candidates or the representatives after the poll was over. 5. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel submits that the special remedy is a..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....n. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law— (b) on the application of any person, make an order- (ii) requiring a person holding or purporting to hold a public office authority he claims to hold that office." 6. Mr. ......ted in payment of a loan taken from the Sonali Bank, Manila Branch, Moulvibazar. The respondent No. 5 became disqualified within the meaning of section 7(2) (g) of the Ordinance I of 1988, Local Government (Union Parishad) Ordinance, 1983. The respondent No. 5 being disqualified contested the el..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....ead with section 151 of the Code of Civil Procedure for rejection of plaint and on hearing the parties the Court as per an order dated 11.03.2007 allowed the application for rejection of the plaint holding, inter alia, that Sonali Bank Ltd. as lender of enterprises of Meghna Group of Industries co......laint on an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15, 48, 95,233.69. The claim in the suit arose in consequence of bifurcation of various..Category: Procedural Law | Date: | Hits: 81
Category: Property Law | Date: | Hits: 22
Category: Labour and Industrial Law | Date: | Hits: 158
Category: Property Law | Date: | Hits: 25
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ugh the application for registration filed by the defendant before the Trade Mark Registry was pending. On appeal Karachi High Court upheld the order of temporary injunction passed by the trial Court holding that the defendants cannot be allowed to take advantage of their own wrong and the prayer of......in the Civil Rule No. 41 of 2000 praying for vacating the order of stay said memo of Renewal No. 1716/92 dated 19-2-92, the trade mark of soap Ghadi which has also been approved by BSTI and also the cover of the soap using the trade mark Ghadi have been enclosed and during hearing I compared the cov..Category: Intellectual Property Law | Date: | Hits: 200
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....st him. Thereafter, the regional Audit Officer prepared charges against him and appointed an inquiry officer and filed a departmental case being No.60/2000-2001 against him. The inquiry officer after holding inquiry, submitted an inquiry report on 17.06.2002. On conclusion of the inquiry, the petiti......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... over the dead body of Abdus Sattar Dakua, sent the same to the morgue, arrested accused Selim and Tota, forwarded them to Court for recording their confessional statements and submitted charge-sheet holding investigation. He stated that SI Azizur Rahman prepared inquest over bodies of Mofazzal and ......estigation. 5. Trial Court framed charge against the appellants and another (Md. Selim) under sections 302/34 of the Penal Code and under section 396 Penal Code against the appellants and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....use of action to file the aforesaid suit against the defendants. 5. The further case of the defendants, in short, is that the plaintiff bank had floated a tender to demolish a building situated at holding 90/91, Motijheel Commercial Area, Dhaka. The defendants and others participated in the tende...... 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendant availed of the loan facilities amount from the plain..Category: Civil Law | Date: | Hits: 101