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Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....iod of M.R.R. operation the suit land recorded in the name of predecessor-in-interest of the plaintiffs in M.R.R. Khatian No. 14; that thereafter, Kalimuddin died leaving behind the plaintiffs as his legal heirs and since then the plaintiffs have been possessing the suit land for more than 12(twelve......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....r permission to make the constructions at their risk and peril but they did not make such prayer before raising the constructors and despite passing of the order of status quo, they continued their illegal works which were found by two Advocate Commissioners in their local inspections. 10. Dr. Ra...... lands or from cutting away trees from the suit lands. The respondents No. 1 and 2 resisted the prayer for temporary injunction by filing a written objection. The trial Court made an interim order of status quo on 6th January, 1996 and upon hearing the parties the trial Court by judgment and order d..Category: Property Law | Date: | Hits: 84
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....er group has already been held. 11. Moudud Ahmed, the learned Counsel appearing for the petitioner, submits that the election of the Chamber group was not free and fair and the election was held illegally and by unfair means adopted in the same. This submission has no substance because this Court......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....ocates even the confessional statement of the convict appellant cannot be taken to be any basis for conviction in the instant Case when it was extracted through physical torture after prolonged and illegal detention in the police custody beyond the period of 24 hours without any order of remand, mor......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... her brother appellant No. 2 called a Board Meeting by notice dated 8-4-1999. Wherein respondent No. 3 sent a written objection to the appellant No. 2 against the said notice. That meeting was held illegally wherein the present respondent No. 2 was not present and accordingly, the meeting was adjour...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....ass decree according to the Case. The language used is affirmative and the Rule is further strengthened by non obstante clauses giving the clear impression that the intention is beneficial so that no legal right should be denied which the appellate Court considers should be allowed within the framew...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....ge, honour and dignity of the Courts of Bangladesh in general including the Supreme Court. The learned Advocates have brought the above statement to the notice of the Court and prayed for appropriate legal action against the Prime Minister under the Contempt of Court Act and also under the Constitut...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....binding on all other Courts. 4. We have perused the application under section 491. The petitioner claimed that the detenu is his minor daughter and, as such, the learned Sessions Judge acted illegally in refusing his prayer for giving her custody to him and in passing an order for judicial cu......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....Mr. Md. Mahbub Ali, the learned Advocate appearing on behalf of the plaintiff-appellant submits that the impugned order suffers from serious infirmity in not considering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appellant was prevented ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....Case No.348 of 1996 arising out of Satkhira Police Station Case No.16 dated 11-4-96 corresponding to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....ty to a suit, by merely submitting an application for an adjournment, is not relieved of his obligation to make himself present at the hearing. The adjournment may or may not be granted. A party to a legal dispute cannot claim an adjournment of a hearing as a matter of right. He cannot expect to hav......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....its that the order of detention was made on 24-6-99 but it was served on 19-6- 2000 i.e. after about one year. He has argued that order of detention and the order for extension of the detention are illegal. 3. The learned Assistant Attorney-General did not make any submission as against the a......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... Case No. 96 of 1981 and allowed the petition preferred by the plaintiffs under the provision of Order 22 rule 9 of the Code of Civil Procedure. The learned appellate Judge also brought on record the legal heirs of the deceased-defendant No. 10 and directed the suit to be proceeded with. 3. F...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is tha......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....al income without giving any basis whatsoever. (ii) Whether the Assistant Commissioner of Taxes has been justified in imposing income from house property though the petitioner has neither been legal or beneficial owner of the property and the Taxes Appellate Tribunal was justified in maintain...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respondent No. 3. Thereafter he addr......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....dvocate of the Supreme Court wrote on 26-11 -94 to the decree holder expressing his readiness to re-pay the outstanding dues of his father on certain conditions. The said letter was then forwarded to legal Adviser for necessary opinion. Upon such letter, Mr Anwarul Azim Khair submits that if the Cas......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....uty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing Order dated 11-6-98 should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to impose the supplementary duty at the rate of 50%......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth situated in different part......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60