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State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......her of the victim, PW 1 as Informant, thereafter, lodged First Information Report with Singair Police Station on 22‑11-1995. Police produced Condemned Prisoner to the court on 22‑11‑1995 with a prayer for remand of five days. Remand was allowed for three days. On interrogation by police Condem..Category: Criminal Law | Date: | Hits: 82
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......tiffs instituted the suit. 4. The defendants contested the suit by filing written statements denying the material allegations as made out in the plaint and also filed written objection against the prayer for temporary injunction stating inter alia that grand-father of the defendants purchased the..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......including the letter of credit and invoice contained the description of the goods being finishing agent and not DOP. Thus the learned Advocate submits that the customs authority ought to accepted the prayer made under section 138 of Customs Act for re-exportation of the goods according to the desire..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......r of present petitioner pursuant to the tender notice was accepted and that no one challenged the said tender before any Court of law. Therefore setting aside the tender of the petitioner without any prayer in Writ Petition No. 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is errone..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......by an affidavit praying for his examination on commission and the copy of the same was duly served on the learned Advocate of the contesting deÂfendants. The learned Munsif after hearing allowed the prayer and appointed a commissioner for recordÂing the evidence of the plaintiff on commission. It ..Category: Procedural Law | Date: | Hits: 95
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......and the contemner No.4 is the Printer and publisher of the Daily Inquilab. 3. The contemner Nos. 2-4 filed an application for transfer of the contempt matter from Comilla Bench to Dhaka Bench. The prayer was allowed and that is how the matter remains to be disposed of by this Bench. 4. Service..Category: Criminal Law | Date: | Hits: 35
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......dy under attachment beÂfore judgment. He has instituted a money execuÂtion case. When he left Jamalpur the position was that the suit properly could be sold in the execution case at any lime on the prayer of the bank. P.W. 2 Sk. Nowsher Ali had a perfect explanation both in respect of the loan and..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......d have been produced as additional eviÂdence in the High Court Division itself whereupon the learned Advocate for the petitioners withdrew the said Civil Petition. The Appellate Division allowed the prayer for withdrawal and directed the certified copy of the judgment of the High Court Division to ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......, defendant No.2 treated the suit property as abandoned property which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna appeared and opposed the prayer for inÂjunction but the court was pleased to grant an ad-interim injunction on contest, wher..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......at Dhaka in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agric..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......e is a part and parcel of CS plot No.657 but the Advocate Commissioner quite wrongly reported that the disputed place is a common passage used by both the plaintiffs and the defendants; that the main prayer for local investigation was to ascertain whether the disputed place is within the of CS plot ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......e has been ousted. But the learned advocate’s contention is that as the previous case under section 488 of the Code of Criminal Procedure still remains pending and the plaintiff even now can make a prayer under section 489 of the Code of Criminal Procedure in that case for enhancement of the maint..Category: Family Law | Date: | Hits: 186
.... is found clearly that though, in general, income from property held in trust wholly for religious or charitable purposes is exempted from income tax but when the said property is a business then two alternative conditions have been imposed for getting that exemption, one condition being that the bu......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......t till date, the respondents did not take any step to implement those judgments by mutating petitioner’s name in the records of right of the property in question in spite of petitioner’s repeated prayer and request. It may be mentioned here that in similar situations many other writ petitions we..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......ver, at last on 16-8-98 when the date was fixed for ex parte hearing two officers of the defendant-petitioner appeared before the learned Sole Arbitrator and prayed for adjournment of hearing and the prayer was allowed and the ex parte hearing was adjourned. And, thereafter next adjournments were gr..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......of 1984, claiming dower and maintenance and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allow..Category: Family Law | Date: | Hits: 155
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ...... Code of Civil Procedure and rejected the plaint of TS 194 of 2002 vide judgment dated 25-3-2003. 5. Being aggrieved, the plaintiff of TS 194 of 2002 as appellant preferred this FA 337 of 2003. On prayer by appellant Civil Rule No. 705(F)/2003 was issued calling upon the opposite party to show ca..Category: Civil Law | Date: | Hits: 92
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
.... criminal case can be quashed only on prosecution materials. It has already been settled by the Hon'ble Supreme Court in the decisions reported in 75 DLR (SC) 150 upto 1992 BLD 627 that when there is alternative remedy available to the accused person, section 561A of the Code of Criminal Procedure i......¦ƒà¦¤à¦¾à¦ƒ ২-৮-০৬ ইং 6. It appears from the cause title of the Rule petition that the accused persons were described written by hand and not typed as "present in Court". From the prayer portion of the said petition it appears that the accused petitioners prayed for "enlarge the ..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......and Highways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ly, restored. 35. In the result, we return the reference with our answer to the question in the negative and against the assessee and in favour of the Revenue Department with cost. The prayer of Mr. MA Noor for certificate to appeal to Appellate Division under section 162 of the Ordin..Category: Fiscal/Taxation Law | Date: | Hits: 82
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