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Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... entered into a contract with the plaintiff for sale of the suit property on 30th September, 1965 at consideration of Taka 17,000. It was provided, inter alia, in the deed of contract that out of the total consideration, Taka 6,000 would remain with the plaintiff on account of expenses for arranging...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

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

....s with sufficient space for loading and unloading of trucks within the area of their godowns. After extensive search, the petitioner found out the land measuring an area of 1.41 acres in that area. A total of 119 members of the Association became interested in purchasing land in their own names but ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......sion-making process of acquisition, this Rule had no role to play. . . A delay of five days in video recording of the land is not fatal to render the entire acquisition proceeding illegal and without jurisdiction…………..(33 & 35) Case Referred to- MA Salam Vs. Bangladesh, 6 MLR (AD)..

Category: Property Law | Date: | Hits: 79

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

....lli cannot transfer any waqf estate permanently by pattan Legal position does not permit a Mutawalli to transfer any waqf estate permanently in favour of some of descendants by any means to the total extinction of its basic purpose by way of executing a pattannama. It follows, therefore, that ......to the legal perspective as above the pattannama needs be tested in terms of its validity precisely for the reason that theplaintiff's case rises and falls with the fate of pattannama particularly in absence of any other ease set out in its support. The pattannama allegedly executed by the Mutawalli......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

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advocate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite party, on the other ha..

Category: Procedural Law | Date: | Hits: 179

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

....o release/ discharge of 22,428 MT Bulgarian wheat to the plaintiff in terms of the bills of leading, dated 12-9-2010 and letter of credit dated 10-9-2010 and also for a decree for a compensation at a total sum of US $ 9,833,685 equivalent to BD Taka 77,46,784 together with 20% interest per annum til......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. ......master of the vessel the master in no way is liable to deliver the cargo to any person, else he will face the consequence of the offence of conversion as has been held by their lordship in the Indian jurisdiction in the case of Szehali Tong bank Ltd Vs. Rember Cycle Company Ltd. reported in 2959 AC ..

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

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

....e struck down on that ground as well. In the case Abdul Quadir Vs. Masaddar Ali reported in 3 BLC (AD) 211 the Appellate Division held that when the two alternatives are kept open then there was total non-application of mind and the whole exercise by the petitioner was a mala fide move to get t......pondents it is deemed to have been admitted to be true. In that view of the matter We find that the acquisition proceedings have been started with mala fide intention to deprive the petitioner in the absence of any bona fide requirement. Though the proposal for acquisition was made in 1990 yet till ......therefore, the notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 and the proceedings for acquisition is liable to be declared as unlawful and without any jurisdiction. Mr. Fazlul Hoque also submits that in the notice under section 3 of the Ordinance it h..

Category: Property Law | Date: | Hits: 85

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

....chia Police Station, Bogra, 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 Sultang......es on to submit that the sanction so required under section 32 of the Anti-Corruption Commission Act, 2004 has not been accorded before initiating the proceeding against the accused-petitioner mid in absence of, that very sanction the entire proceeding has been vitiated tilt which further continuati......�…………….……Opposite-Party Judgment June 17, 2012. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A On exercising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not v..

Category: Procedural Law | Date: | Hits: 86

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

....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. ......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. ......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)

.... 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. ...... 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. ...... 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)

....ance, against the assessed. He also got the cases inspected by an Inspector who submitted his report on 18-12-98. As the assessed did not appear, he was assessed under section 84 of the Ordinance the total income at Taka 3,50,058 for the assessment year 1993-94, at Taka 3,86,458 for the assessment y......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. ......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. ..

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. ......on 112 of the Evidence Act, 1872 creates in favor of a child both born during the continuance of a valid marriage between his/her mother and the father, a conclusive presumption of legitimacy, in the absence of evidence of non access between the parents. This provision is based on the English rule t......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. ..

Category: Family Law | Date: | Hits: 114

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

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......r passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaration that auction sale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chow..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......with the petition and the relevant annexures thereto mainly submits that the impugned order so far it relate to the petitioners involvement as a sister concern company is ex-facie illegal and without jurisdiction and allegation brought under section 202 of the Customs Act, 1969 has no manner of appl..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138

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

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......he authority. The defendant No.1 being the president of the governing body visited the college and found the plaintiff absent on 19.07.2003 without having any leave and 20.07.2003 and he recorded her absence in the attendance register but the plaintiff converted the said absence into casual leave by......rge. That decision was taken at 05.00 P.M. on 29.9.2003 by defendant Nos.1-4 in an emergency meeting without any notice to the plaintiff. That decision was taken most illegally and without having any jurisdiction. She received the copy of the said decision at 05.30 P.M. on 30.9.2003. 3. The defen..

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

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

.... statement. After hearing the authorized person of the petitioner, perusing the records and considering the facts and circumstances said Commissioner adjudicated the matter dated 05.11.07 and imposed total penalty of taka 51,00,000.00 out of which personal penalty on the importer of taka 20,00,000.0......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ion 409 of the Penal Code. 13. It is further asserted that the petitioner is liable for offence under section 409 and 109 of the Penal Code as well as the Customs Act. The customs authority had no jurisdiction to try the offence under section 409 of the Penal Code. Lastly, it is asserted that cha..

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

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

....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. ......al. …………………….(15) No guideline for sending a case out of a number of cases of the same nature from the normal Criminal Court and transfer to Druta Bichar Tribunal can be found. In absence of any guideline, the question of pick and choose and also interference of the executives ca......explosive substance and drug can be tried by the tribunal for public interest by making a gazette notification, section 7 speaks that the Tribunal shall be a Court of Sessions, section 8 provides for jurisdiction of tribunal, section 9 provides for procedure adopted by the tribunal for trial, that i..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....tion) is a photocopy of the Invoice issued by CMI Trading UK Limited dated 21-9-1999 where the description of the goods and the price thereof were set out including their HS Code numbers. The invoice totaling 12 pages describes all the items quoted which included the goods shipped on board the defen......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......rom Chittagong. 30. Exhibit T are photocopies of 3 Bills of Lading dated 20-10-1999 issued by the Bangladesh Shipping Corporation at London and the reverse side thereof showing clauses 4 and 8 the jurisdiction and engage clauses therein. 31. Exhibit T is a certified copy of the Order of the Si..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......er prejudicial to the interest of the organisation such power may be exercised. If there be any allegations the same has to be explained by the deponent, upon getting any show cause notice and in the absence of the opportunity to show cause, the impugned order is illegal and the same has to be decla......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

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