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R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others……………………........ The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

.... the case of the defendant No.3 (petitioner) is that as Mohini Mohan Chowdhury, the owner of the suit land migrated to India after partition of India, the suit land by operation of land vested to the Government as vested property. 9. The trial Court on consideration of the evidence found the sa......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. ......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. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....nd others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

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. ...... be disposed of. Accordingly, the Rule is disposed of without any order as to costs. The impugned judgment and decree passed by the SCC Judge are affirmed with the modifications mentioned in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent d..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....nt of Tk.2,14,50,715.00 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the peti­tioner moved with w......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)

....ka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly c......isonment for the offences involved in the case. If the accused is allowed to avoid the payment of the fine by undergoing imprisonment in lieu of payment of the fine, the concerned public authority or body suffering injury due to the criminal act of misappro­priation of its money by the accused, sha..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is......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

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....4 para-11 a Divi­sion Bench of this Court discussed the devel­opment of the concerned laws in the follow­ing terms: "Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing ...... 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)

....ngladesh and others reported in 50 DLR(AD)11, where it has been held that "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unuti......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. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....esh, 1972, Article 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country a......ners of this country and all functionaries and the members of all services must serve them, their cause and their interest, in justification of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, i..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....ril 18, 2006. Result: The Rule is made abso­lute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 ......shy;dicate of the University has been described under Clause No.24 of the Jatiya Bishyabiddyloya Ayn 1992 wherein it has been promi­nently mentioned that Syndicate is the princi­pal executive body having power of manage­ments over all financial and administrative functions as well as pow..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....es to com­ply with the direction, such officer may com­pel him to do so by using force. Section 39 deals with the powers of the Director General and other officers as may be authorized by the Government to investigate into the offences under the Act. 13. Under the Act of 1974, a Special......mainly due to frustration from unemployment, economic hardship, family troubles, misguid­ing by the friends. Once a person is addicted to this narcotic drug, he loses his resistance power and his body and mind are weakened day by day, and ultimately, he cannot lead a normal life. To save our fut..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot No.2546/2583 bounded by river on three sides was leased out to the plaintiff. For the uninterrupted flow of the river during the rainy season, such types of land should not be leased out to anybody. In­discriminate leasing out of such land owned by the Government not only impede the nor&s..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......0 P.M. put forward a demand of dowry of Taka 1,00,000/-. Gour Dev refused to offer Taka 1,00,000/- as dowry. Then accused Kishor Kumar Dutta caused bone fracture injury on hitting back portion of her body with wooden crossbar. Other, accused persons, also inflicted injuries on right shoulder and oth..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....away of the victim. He denied the suggestion that the age of the victim was 18 years or that he was deposing falsely. 13. P.W.8, Md. Idris Ali deposed that he was the Headmaster of West Awliapur Government Primary School. The victim was admitted into his school in Class-1 on 22.06.1992. The ser...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ion money to the defendant No.1 of his earn­ing in the United Kingdom; that according to the terms of agreement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for trans­ferring the suit property and ......the agreement for sale with the plaintiff on 10.08.1985 and that the plaintiff is legally entitled to get the de­cree. 23. It is further submitted that the agreement was not challenged by anybody but the court below disbelieved the contract without assigning any cogent reasons, that the le..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....h Court Division Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Proper......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... College & ors. Vs. Md. Abdus Samad and others, 49 DLR 38; Sonali Bank and another Vs. Chandon Kumar Nandi, 48 DLR (HCD) 330; Mt. Jahan Ara Begum Vs. A. L. Md. Shamsul Hoque, 27 DLR (AD) 129; Government Body of Kapilmuni College, rep­resented by the Principal, Kapilmuni College Vs. Sheikh ......ancelled and set aside and for declaration that the plaintiff be deemed to be in her service and also for permanent injunction against the defendants restraining them from giving appointment to any body to her post. 3. Facts of the case of the plaintiff, in short, inter alia, are that on 8...

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......emned prisoner Maku Rabi Das went to the house of the deceased in the morning hours at 10-00 AM and remained with the deceased for the whole day which was seen by so many witnesses. Moreover, it is nobody's case that the deceased was staying in the room without light. It is further submitted that th..

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82