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Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....the petitioner is not safe. 8. The learned Advocate Mr. Tapan Kanti Das particularly argues that the instant case is a burning example embellished and no evidence, because the FIR story has been totally embellished at the dock while informant and other witnesses put forward a different story ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......stituted against an accused person must be tired under the provision of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561A of the Code. But a pertinent question may be posed as to ..Category: Criminal Law | Date: | Hits: 115
.... of Revenue represented by its Chairman and others…………………Respondents
Judgment
August 28, 2008.
Result:
The application is summarily rejected.
Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. ......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
..
Category: Fiscal/Taxation Law | Date: | Hits: 237
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... section 48 of the Code of Civil Procedure, 1908 (V of 1908) (three Years) When the right to apply accrues 7. Mr. Mesbahuddin has at least cited 2 decision of Indian jurisdiction on the proposition that the application should be filed within 3 years from the date wh..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e expressed in Rule 718, which is of course, relevant for our purpose. "Rule 718. The following classes of fetters may be used in jails: (a) Link fetters, composed of chain and ankle rings. The total weight of such fetters, including in ankle rings, shall not exceed 3 pounds, and the chain sha......ing against him. 32. These are the factum matrix which stringers the instant judicial exercise, From a plain reading of the decisions referred to by the learned advocate for the petitioner, in the absence of any such available from our own jurisdiction we have already noticed with approval that a......m matrix which stringers the instant judicial exercise, From a plain reading of the decisions referred to by the learned advocate for the petitioner, in the absence of any such available from our own jurisdiction we have already noticed with approval that a prisoner even after his conviction can not..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ...... affidavit-in-reply narrating about dishonesty of respondent No.5 Md. Abdul Hye and stating that show cause notice has also been issued against him for canceling his Union Parishad membership for his absence in 3rd and second meeting of the Parishad as well as over certain other allegations. It has ......r as it is on a high land. It is well communicated both by road and river. The Government's decision is final relating to selection of site for UPCB and thus, cannot be called in question in the writ jurisdiction and the rule, is liable to be discharged. 7. The petitioner is Writ Petition No.3437..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... supervisory power which may also be exercised suo moto and any person is competent to bring an illegality into the notice of the High Court and there is no bar of this Court sitting under revisional jurisdiction to rectify the illegality on such information and, as such, in the facts and circumstan..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....opposite parties as respondent in the said written objection clearly mentioned that his father mortgaged the said property with Shamsuddin by registered deed No.9770 dated 21-9-1959 property being in total 1.26 acres of land appertaining to plot No.951/1425 being 83 decimals and plot No.1086 land me...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......valuated judgment on the basis of the evidence on record both oral and documentary having been affirmed by the learned appellate Judge with proper reasoning and discussionthis Court in its revisional jurisdiction has got very limited scope to interfere with such a well reasoned and well discussed ju..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......less there is an agreement between the partners that a particular property would be the separate property of a partner, there cannot be an entrustment of it to the other partner or partners. In the absence of such an agreement, each partner is interested in the whole of the partnership assets and ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..Category: Criminal Law | Date: | Hits: 87
....মলার চূড়ান্ত নিষ্পত্তি হইবে৷”
(The underlinings are mine).
From a plane reading of the above provision it would be clear that only with the total vesting upon the decree-holder, the execution case would be disposed of, otherwise not.
As ......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......ng its such prayer for assistance to get such physical possession of the concerned properties.
Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the necessary orders should be passed..
Category: Civil Law | Date: | Hits: 208
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......f transfer matter and on the assurance of Pre‑emptors, Pre-emptees appeared to have purchased case property. Learned Trial Judge, further, found that father of Transferees is a co-sharer and in his absence Transferees would be co-sharers and necessity of the case property to be greater than of Pre...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......egate is empowered under the Act to consider grant of probate on the basis of copy of a lost 'Will' without getting the original one and preserving the same in safe custody of the court. 8. In our jurisdiction, generally the provision of section 294 of the Succession Act is followed in the matter..Category: Property Law | Date: | Hits: 113
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ng the submission of Mr. Khalilur Rahman has submitted that in view of the decision of the appellate Division given in Civil Petition for Leave toAppeal No.367 of 1995, as referred to above, in the absence of any Service Rules of its own, the respondent No.1 may follow the aforesaid Government Ser...... under the respondent No.1.
2. Being aggrieved by the aforesaid impugned order dated 5-6-1996 passed by the respondents the petitioner had no other efficacious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the present Rule.
3. Respondent Nos.1 ..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....the certified copy of decree under Section 44A(1) of the Code must be filed in the Court of District Judge." 14. From all the discussions made herein above we are of the view that the Courts below totally misread the provisions of section 44A of the Code of Civil Procedure and thereby arrived at ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
..... On one occasion the arbitrator accompanied by the parties also visited the constructed RCC Jetty with approach embankment at Moheshkhali and thereafter he delivered his award on 27‑4‑1993 for a total amount of Taka 12,69,324.00 in favour of the contractor respondent No.1 but as the Chief Engin...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... to be appointed as the arbitrator and the Superintending Engineer of the respective circle having not been appointed as the Arbitrator, the very appointment of the Arbitrator was illegal and without jurisdiction and the award given by illegally appointed arbitrator is also illegal and without juris..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......03 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted Title Suit No.166/77 in the 6th Court of Mun..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ..Category: Criminal Law | Date: | Hits: 115
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
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