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Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... Syed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Bangladesh being represented by the Deputy Commissioner, Chan......es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

.... is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... and interest over the suit land. Their further contention is that origi­nal Hindu owners of the suit property left this country for India before 1965 without dispos­ing of the suit property to any body in any manner and thereafter the suit property has been declared as vested property under the p..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....ect and/or to pass such other or further order or orders as to this Court may seem fit and proper. 2. Taj Jute, Backing Company was a nationalized enterprise controlled under the Ministry of Jute, Government of Bangladesh which was later partially privatized by selling 58.52% shares, held by the ......¦â€¦â€¦â€¦â€¦(26) Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be s..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... were filed to create evidence concerning the suit land that such land were debuttar Property. The said lady gave Ramani Mohan Das to understand that the property of the Baishnab will be taken by the Government and the" only records for the same is to show the property as the debutter. After wholesa...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....ed in Article 36 of the Bangladesh Constitution, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or r......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)

....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......ion of Bangladesh, 1972, the Election Commission is justified to refuse the registration of that political party...............................(4) Since the Election Commission is a constitutional body, its non-satisfaction towards the registration of a political party cannot be substituted by th..

Category: Election Law | Date: | Hits: 723

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... (2009) 119. ......they can acquire land, (2) video recording of the location of the proposed project. As per provisions of section 15(1) of the Ordinance, an agreement between the acquiring authority and the requiring body is mandatory before issuance of notice under section 3 in respect of the property proposed to b..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....f the rent receivers held under any waqf, waqf-al-al-aulad, debutter or other religious trust acquired under section 3(1) or non-retainable khas land acquired under section 3(2) finally vested in the Government free from all encumbrances with the publication of the compensation assessment roll under......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....f the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... the ground that the plaintiff imported 28,500 MT of Bulgarian wheat from the defen­dant No.5 Messrs Sovarex SA for onwards supply to the Director General, Ministry of Food & Disaster Management Government of People's Republic of Bangladesh, under a contract No.DGOF/DOP/EP/Wheat-35 (Quotation)/......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....bahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of the Acquisition and...... of Immovable Property Ordinance. 1082 was not maintainable. 5. By filing two separate supplementary affidavits dated 1-3-06 and 15-3-06 the petitioner has also contended that though the requiring body i.e. Thana Nirbahi Officer (TNO), gave their proposal to acquire the land in question to protec..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....a, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paura­shava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 141......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....held: "lease in the present case is hit by sub-sec­tion (2) of section 75A, which says that if any land is given in sub-lease in contravention of the provision, the land shall be forfeited to the Government under sub-section (2) of section 75A which come in to force on 22-9-1956 by Act IV of 195......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....d. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nd worship does not operate as a separation; CIF: section 212(2) of Mulla Principles of Hindu Law. Fifteenth edition, 1982. 29. It may also be remembered that a Hindu coparcener is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the j..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......ction 112. But once the validity of the marriage is proved, it is unnecessary to establish affirmatively that the child is illegitimate. If, therefore, it is not proved that the child was born of the body of the wife or that it was born during the marriage or that the father was alive at the date of..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....engal State Acquisition and Tenancy Act. 2. Facts of the case, in short, are that the plaintiffs, who are the deites installed by the fore-fathers of the sebaities, instituted the suit against the Government and others for a declaration as follows: (a) declaring that the auction sale of the Ba......orary injunction with respect to the bazar is affirmed and with respect to the two tanks are set aside. The defendants are restrained by way of an injunc­tion from leasing out the suit tanks to any­body till the disposal of the suit. 10. In the result this appeal is allowed in part. The Ju..

Category: Property Law | Date: | Hits: 74

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....ed Judgment and decree and as well as to the Judgment of the trial Court and formulated the following branches of arguments:- (i) Mr. Faruque referred to the section 2 (a) of the Regulation of Non-Government Collage and submitted that the appointing authority of a principal is the Governing body ...... for a declaration that the decision dated 29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Governing Body to be illegal void, without Jurisdiction and the Governing body be permanently restrained from taking any action on the strength of the said decision contendin..

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

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....ntary affidavit dated 04.02.08, it is stated that the Assistant Commissioner of Customs, Customs House (import), Chittagong vide letter dated 29.11.07 confirmed that all payments were received by the Government relating to import of the said vehicle and nothing was due from the petitioner against th......he charge sheet no document could be mentioned by him evidencing such transfer. The vehicle still stands in the name of the petitioner, registration of the vehicle was never changed to the name of anybody. A detail procedure is laid down for transfer of ownership of a vehicle. Change of any money..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....d, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial was continue......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84