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Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....,000 (one thousand) each day, but the receiver in connivance with the jdr. has deposited Taka 60,000 (sixty thousand) only within the period of last 14 months and that the receiver being biased and illegally has also handed over the trucks to jdr. and the said trucks are under absolute control of th......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....f Bangladesh, not being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of convicti......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

.... Subordinate Judge as to possession, we find it faulty. Those rent suits were between an old father and his son. So unless the son can prove his exclusive possession adverse to that of his father the legal presumption that the true owner is deemed to be in possession of the suit land cannot be brush......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....udgment of the High Court Division and also heard the learned Advocate of both the sides and for the foregoing reasons we hold that the learned Judges of the High Court Division were not justified or legal in punishing the appellant for committing contempt of court.   ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....01. Natural Justice   Sending of letters to the address of the petitioner by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence the......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....etitioners as early as possible within a period not exceeding 3(three) months, issuing proper notice to the petitioners and others concerned to show cause as to why they shall not be liable for the illegal fake registration and take appropriate action accordingly. The results of those petitioners, i......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....proach the labour Court being the authority under section 15 of the Payment of Wages Act, 1936 for realisation of his benefits, thus enforcing his right guaranteed or secured to him i.e. which are legally due upon his retirement from the service under the provision of Payment of Wages Act, 1936.......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....rovided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6)  Lawyers Involved: Gobin......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to, it can always do so in the interest of justice and can treat an incompetent proceeding to be a proceeding under section 439 of The Code. It is well recognised that the principal object behind all legal formalities is to safeguard paramount interest of justice and mare technicalities cannot be al......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

....d Act no tenant can be evicted. The High Court Division considered this aspect of the matter and rightly made the Rule absolute. Mr. Md. Nawab Ali, learned Advocate-on record, failed to point out any legal infirmity in the judgment of the High Court Division which may all for our interference. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....n regarding fixation of valuation of the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the p......gineer, Housing and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, also to make further direction to the defendants that in view of the plaintiff’s social and financial status the defendants can realise the actual cost of the construction only from the plaintiff’..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....the High Court  Division quoted the relevant portion of the deposition of DW 1 as noticed by us, but he failed to consider  the same properly resulting in error in his finding. Further, the legal position is that where evidence has been duly placed before the trial Court and it has decided......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....0,000.00 on 11-3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown persons, made an attempt to enter the suit land on......the suit land but subsequently, on 4-5-98, in pursuance of the prayer of the opposite parties the learned Assistant Judge, modified the aforesaid order into an order directing the parties to maintain status quo fixing 26-5-98 for hearing the matter of temporary injunction. Then on 10-5-98, the defen..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

....victed the present petitioner relying on her statement which was recorded under section 164 of the Code of Criminal Procedure. So, according to him, the conviction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Dep......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....tion or that without lawful excuse. To make the Dying declaration as the basis for sentencing an accused to death or that to impose any other sentence or that to consider the Dying declaration as the legal piece of evidence for convicting and sentencing an accused the same is required to be found re......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

.... was making a plaything of the words of God and made him take back his wife.” (Quoted from Muhammedan law, by Syed Ameer Ali, Vol. II, 5th Edn, page-474). 7. In view of the aforesaid factual and legal position, we hold that the marriage between Saiful and Sahida was not dissolved and that for t......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....tax holiday period are exempted from pay­ment of tax and no also is the income from investment arising out of the deposit of the surplus money of applicant in the Bank but the Revenue Authority illegally levied tax on interest treating it as income not derived from the Industrial undertaking wh......uch as the applicant company is only engaged in the business of producing yarn and cloths and the sale thereof and it has no other industrial undertaking or business and the applicant is given the status of a com­pany only for the purpose of charging income tax. The learned advocate referring t..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner, Bangladesh Paribar Parikalpana Samity known as (Bangladesh Family Pl......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....said ground leave was granted. 4. The informant on 15-12-1993 lodged First Information Report with Panchlaish Police Station alleging that the accused persons in collusion with each other for illegally harassing the informant and others issued a medical certificate bringing certain allegations...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

....No.1 also could not find out any provision in the said President’s Order No. 59 of 1972 under which the said Ministry was authorised to issue a direction of this nature to the said Board and the legal duty of the Board to carry out the said direction. 7. We find that under Article 4(3) ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236