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Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November ......8 of 1991 against the Mobarak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale were fixed on 25-11-1998, 11-8-..

Category: Civil Law | Date: | Hits: 76

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....ashed Kamal & another………………. Opposite-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Ad...... Negotiable Instruments Act, 1881 now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not he quashed and or such other or further order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party..

Category: Criminal Law | Date: | Hits: 62

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

....Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar......mpt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner is owner of Trade Mark Nos. ..

Category: Intellectual Property Law | Date: | Hits: 181

Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)

....(2002) 217.......on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and in column 2(ka) of the Form of the said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the particulars of which were described therein. After receiving ..

Category: Civil Law | Date: | Hits: 82

Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)

....bi …………..Petitioner Vs. Chairman, Court of Settlement, Dhaka………….Respondent Judgment June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DL......f 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards sit..

Category: Property Law | Date: | Hits: 37

Kashem Vs. State, 2001, 30 CLC (HCD)

....For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case N......lant is entitled to acquittal on benefit of doubts. 9. Mr. AQ Rashid Ahmed the learned Assistant Attorney General appearing for the State, on the other hand, submits that the learned Tribunal, on proper discussion and consideration of the evidence on record was fully justified in convicting and ..

Category: Criminal Law | Date: | Hits: 37

State Vs. Moslem, 2002, 31 CLC (HCD)

....€¦â€¦â€¦â€¦..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer......deter perpetuators from commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the ..

Category: Criminal Law | Date: | Hits: 82

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....DLR (2002) 196.......ule. 8. Mr. Shahabuddin Ahmad, the learned Advocate appearing on behalf of the plaintiff- petitioner has taken me through the Judgments of both the Courts below and submits that the trial Court on proper assessment of the evidences on record decreed the suit for permanent injunction and granted a..

Category: Property Law | Date: | Hits: 33

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

....oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1......R with Jagannathpur Police Station alleging that on 22.5.97 at about 8.30 p.m. he had been going to the house of his uncle Abdul Gafur, the victim, for discussion about payment of taxes of the family properties and while he was at a distance of about 150 yards from his uncle's homestead he heard the..

Category: Criminal Law | Date: | Hits: 33

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ...... on 01.09.2001 in the "Daily Ittefaque" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni..

Category: Others | Date: | Hits: 81

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­ment and order dated 5.7.87 pass......ainst one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was ob­tained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties were mentioned in the schedule to the ap­plication ..

Category: Others | Date: | Hits: 72

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the Judgement and decree dated 28.12.1983 passed by the learned Additional......that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and Nirmal Ku­mar Nag having their residential building standing thereon. The said property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. B..

Category: Property Law | Date: | Hits: 36

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

.... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners Vs. Mohammad Shahjahan and ano......udgment of the Court of Appeal below observing that as the deed of contract being the sheet anchor of the suit was not exhibited through inadvertence in the trial Court, the Court of Appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doin..

Category: Procedural Law | Date: | Hits: 68

Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)

....on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd......rder dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the Rule. 2. The petitioner hereof filed the writ petition challenging the auction sale of the property consistence of 495 ajutangsha in C.S. Plot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouz..

Category: Civil Law | Date: | Hits: 81

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......y of Law, Justice and Parliamentary Affairs as well as to the Secretary, Ministry of Establishment Government of Bangladesh with an expectation that they would ask their subordinate officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of..

Category: Criminal Law | Date: | Hits: 45

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

.... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe......sed Shamsu Sikder has not been stated to him by the witness while examined under section 161 of the Code of Criminal Procedure. The learned Advocate also submits that the condemned prisoners were not properly examined under section 342 of the Code of Criminal Procedure and that the learned Additiona..

Category: Criminal Law | Date: | Hits: 36

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

....r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe......nance at the rate of Taka 2000 per month for her daughter from the defendant, but he refused. So the plaintiff has a fresh cause of action to come to court and this time since the Family Court is the proper forum having exclusive jurisdiction to entertain this claim of the plaintiff, the present sui..

Category: Family Law | Date: | Hits: 186

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an...... 10. Pointing out the aforesaid objects clause of the assessee society it has been contended by Mr Mustafa Adil that although no trust has been created under the Trust Act but the income derived from property of the society is held under rather legal obligations wholly for charitable purposes as men..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

.... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291.......ana J.- This Writ petition has been filed seeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ..

Category: Property Law | Date: | Hits: 38

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

.... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi......mpanies Act. Section 38(3) of the Companies Act, 1994 provides that it would not be permissible in law for a company to register any transfer of share in the register of members in the absence of any proper instrument of transfer duly stamped and executed by the transferor and the transferee. Sub-se..

Category: Company Law | Date: | Hits: 203