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State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......yer, appeared to represent the convict-appellant Badil @ Badar in his Jail Appeal No.25 of 2005 but he was finally withdrawn and in his place Md. SM Zahidur Rahman, the learned Advocate who filed his power for the above named appellant in Miscellaneous Case No.1776 of 2005 was permitted to make subÂ......the sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......onstruction Rules suffice. 18. Rafique-ul-Huq, learned Counsel, appearing for the respondents, submitted that in view of the fact that the provision of section 3 of the Building Construction Act empowering the Authority to remove or demolish the construction on the grounds mentioned in section 3 ......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......ed Attorney-General, however, has taken us through the impugned orders and assertions in the writ petition alleging violation of Building Construction Act and Rules and has also referred to the leave granting order submitting that passingly the provision of Articles 27, 30 and 31 has been mentioned ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......………………..Petitioners Vs. Md. Abdur Razzaque and others…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Rahman Biswas Vs......iffs have not acquired any interest in the suit lands on the strength of the will nor have they got any possession (herein and that the school now stands in a new building constructed with government grant on contiguous plot No.337 and 338 donated by two persons namely Shaikh Jonab Ali and Shaikh Az..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......ich a Kabala deed out and out if was accompanied with a deed of agreement for reconveyance constituted usufructuary mortgage and by the President's Order the revenue officers were vested with the power to redeem mortgage if any comes within the ambit of President's Order No.88 of 1972. ......Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque......ication made under section 95A of the State Acquisition and Tenancy Act by the defendants, it shows that they made a prayer for redemption and for getting delivery of possession. The injunction order granted in favour of plaintiff by the trial Court (by the Assistant Judge) was challenged before the..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......¦â€¦ Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Minis......d order dated 29-5-1997 (Annexure-A) passed by the First Court of Settlement, Dhaka, is hereby declared to have been made without lawful authority and is of no legal effect. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......he affidavit in support of the Writ Petition on behalf of the Writ Petitioner only with the leave of the Court, provided he can satisfy the Court by producing either the letter of authority or any power of attorney supÂporting his authority to swear the affidavit. Rule 1, Order III of the Code ......ure of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......at it is barred under legal provisions. The Court below should therefore have rejected the plaint in limine. If Order VII, rule II of the Code of Civil Procedure cannot be prayed in aid, the inherent power of the Court should be invoked." This is an established principle of law which is not app......s. Domino's Pizza Inc………………..........Opposite Party Judgment April 26, 2007. Result: The Rule is discharged. Cases Referred to- Ram Krishna Bhakat Vs. Firm Haji Janabally and Abdul Jalil, AIR 1948 Calcutta 321; Ranjit L...... title to his and unless an application for its registration made within five years from the commencement of this Act, has been refused and the Registrar shall on application in the prescribed manner grant a certificate that such application has been refused. This is not the case before us. Section ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......ivil Revision Case. 4. Petition for addition of party had been hotly contested from the side of petitioners of Civil Revision Case on placing a counter-affidavit raising contentions that holder of power of attorney an petitioners of the petition are fictitious persons and they are not proprietors...... ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Chandra Halder Vs. Abdul Bari, 1992 BID......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......ss is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categorically says that minimum one sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale...... 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......Assistant Attorney-General appearing, for the Government by filing affidavit-in-opposition in Writ Petition No.2175 of 2002 submits that under rule 42 of the Tenancy Rules, the authority has ample power to cancel the earlier order and can take fresh steps for the same. She further submits that u......t, P.S. Ramna, Dhaka and others ……………………Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and......trative Control. 29. Rule 36 of the State Acquisition and Tenancy Rules, 1955 speaks of Grant and Revision of certificate under section 20(4) which reads as follows: "The authority for granting a certificate under sub-section (4) of section 20 shall be the Collector of the District,..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ith the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Begum - For Petitioner. Saifuddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case N......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......(2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......le for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of attorney in favour of Shishubala Roy vide registered Khas Moktarnama executed and registere......llip;……………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi ......nt and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District Judge, Rajshahi on 24...Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......Abu Musa Siddique & others ………………….Opposite Parties Judgment July 2, 2006. Result: The Rule is disposed of. Case Referred to- Monoranjan Barua Vs. Mirza Masud Hossain, 48 DLR (AD) 130; Begum Fazilatunnessa Vs. Nowshad......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......ed. Subsequent suit may be stayed only when the matter in issue of the previously instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay c...... Subsequent suit may be stayed only when the matter in issue of the previously instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......tition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of no legal effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the......hellip;……………………………………………….Petitioner
Vs.
The Commissioner of Customs, Customs House, Dhaka & ors…………..Respondents
Judgment......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......dge have been clearly excluded in relation to the trial of the offences specified in the Schedule to the Act which have been excluÂsively triable by the Special Judge. Sub-section (5) of section 5 empowers the Special Judge to proceed with the case from the stage at which the same is received. Sect......an (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....d Rabiul Hasan and obstruct fair trial. 20. We have allowed application for addition of informant appellant as a party in Criminal Appeal No.3726 of 2005. 21. On plain reading of section 31 discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jai......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......on is allowed. Proof of age of victim School Certificate and registration card issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowin......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......red to have been held without lawful authority
and to be of no legal effect. He also submits that Section 21 of the Securities
and Exchange Ordinance, 1969 has not conferred upon the respondent any power to
hold an enquiry against a private limited company or its Directors in
connection with the......he express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must ac......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ent to pass an appropriate order deciding the case on receipt of a complaint under clause (b) of section 25 of the Act, after notice and hearing of the parties. Thus it is clear that Labour Court's power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed ...... The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD)......ividuals who are currently employed in Biman and having Matric or S.S.C as minimum educational qualifications with basic Aeronautical Course done from Korangi Greeki Pakistan may be considered for grant of Inspection Approval." 19. It is further stated that after the delivery of the jud..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
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