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Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil Revision No.1751 of 1995. Judgment Syed Amirul Islam J. - This Rule arises out of an application filed under section 115 of the Code of Civil Procedure and is directed against the order..

Category: Property Law | Date: | Hits: 55

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......y-General with SM Shahjahan Kabir, Assistant Attorney-General - For the State Opposite Party. Criminal Miscellaneous Case No. 21114 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite ..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......n)- petitioner. AKM Nazrul Islam with Ali Mustafa Khan and Md. Al-Mamun Advocates - For the Respondent Nos.2 to 4. Writ Petition No.4071 of 2009. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh, challengin..

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....tain whether there was an error. lf he doubts the written down value of the previous year it is open to him to check up the previous calculations and if he finds any mistake it is open to him to make fresh calculations in accordance with the law applicable including the rules made thereunder.'' 3......……………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and against the revenue and in favou..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ion of the learned Court to allow the subsequent application for transposition if it feels necessary for the interest of justice and rejection of earlier application is not a bar to file a subsequent fresh application in this regard. It also appears to me that the Court of appeal below without rever......Court of Senior Assistant Judge, Begumgonj, Noakhali, impleading the co-sharers tenants including the petitioner for pre-emption of 0.36 acre of land out of 0.72 acre described in the schedule of the application for pre-emption, transferred by Syed Noor Nabi as vendor in favour of opposite party Nos..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......he was dismissed from service as per decision taken by the Managing Committee. The TPEO on 22-7-97 visited the school and found a post of the teacher vacant and asked the Managing Committee to invite application for appointing a teacher against the said vacant post and accordingly, the defendant No...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

....ing absorbed in the revenue budget, the High Court Division made the rule absolute which judgment was affirmed up to this Division. The writ respondents did not absorb the writ petitioners and invite fresh advertisements and instead of regularizing their service of the writ petitioners committed ill......ht similar relief. Writ petitioners stated that the Superintending Engineer, the respondent No.3, published two advertisements, one on 3rd November, 2006, and other on 28th October, 2006 inviting applications for appointment to some posts without regularizing the writ petitioners’ services in ..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

....payment. The High Court Division further observed that although the writ respondents claimed that the price of the land in question had increased substantially, the respondents did not adjudicate any fresh value or intimate the same to the writ petitioner in any manner. The High Court Division found...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... Mr. Md. Rafiqul Hossain, the learned Advocate appearing for the accused petitioner and Mrs. Fahima Nasrin, the learned Assistant Attorney ­General appearing for the State and perused the revisional application, the first information report, charge-sheet, the impugned order, the application dated 1..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....isposal in order to carve out the criminals of the country. Perused the application so filed under section 526 of the Code of Criminal Procedure and heard both sides at length. 4. In order to refresh our memory we may be permitted to reproduce section 526 of the Code of Criminal Procedure unde......e discharged, since the case in question being a double murder case has been transferred to the present Tribunal for speedy disposal in order to carve out the criminals of the country. Perused the application so filed under section 526 of the Code of Criminal Procedure and heard both sides at len..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......nt thereto the present petitioner has been shown arrested on 5‑1‑2003 in connection with Special Tribunal Case No. 41 of 1996 in the said NGR Case No. 124 of 2002, The present petitioner filed an application before the Tribunal supported by a copy of his passport issued by the Government of Bang..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......rt in connection with this case the petitioner was apprehended by the police in a different case and subsequently, he was shown arrested in the present case. 4. Thereafter, the petitioner filed an application for bail before the Metropolitan Sessions Judge, Dhaka in Criminal Miscellaneous Case No..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......g. Thus the petitioners of that case had basis for legitimate expectation of their absorption. The facts and circumstances of that case are completely different and the said decision has no manner of application in the instant case. 24. On the other hand, it is found from the decision reported in..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......mortgaged up to 17‑11‑88. He denied that he was the real owner of the firms of Shawkat Ali and that he got the suit instituted through the plaintiff. On 29‑2‑88 he applied for loan and in the application security were mentioned, that was not executed. To the question of Court he replied that..

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....voke the extraordinary jurisdiction of this Division under, Article 102 of the Constitution. 8. Thirdly, it was submitted that even after the impugned order, the petitioner was entitled to bring a fresh suit or make an application for setting aside said order under rule 26(3) of the Bankruptcy Ru......titled to sue the defendants; and upon such erroneous assumptions, the Court failed to exercise the jurisdiction vested in it by the Act in not issuing summons upon the defendants. 6. Opposing the application, an affidavit-in-opposition was filed on behalf of defendant No. 1 respondent No. 2. It ..

Category: Others | Date: | Hits: 185

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to her son-in-law on 1-4-2005 and an agreement was executed to that effect. On 30-4-2005, defendant No.1 filed an application before defendant No.3 for mutation of the apartment in the plaintiff's name. The plainti..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......y the High Court Division in Criminal Miscellaneous Case No.188 of 1973). Judgement Kemaluddin Hossain CJ.- This appeal arises from a judgment of a Bench of the High Court Division passed in an application under sec­tion 491 of the Code of Criminal Procedure filed by the Respondent challengin..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ...... Salahuddin Dolon, Advocate - For the Petitioners. Rabia Bhuiyan, Advocate - For the Contemner - Respondents. Contempt Petition No.181 of 2007. Judgment Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the c..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... Siddique, Advocate - For the Petitioners. Hasan Foiz Siddiqui, Advocate - For the Opposite Party. Civil Revision No. 1161 of 1991. Judgment Syed Amirul Islam J.- This Rule obtained on an application under section 115 of the Code of Civil Procedure is directed against the Judgment and Or..

Category: Property Law | Date: | Hits: 70

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......assed an order on 17-3-94 directing the parties to maintain status quo in respect of the suit land. In spite of the fact that the parties were litigating in the civil Court. Mabed Ali Sarker filed an application under section 144 of the Code of Civil Procedure in respect of the self same land agains..

Category: Property Law | Date: | Hits: 75