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Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nt application under Section 561A of the Code of Criminal Procedure is not maintainable since the grounds as taken by the convict petitioner only can be considered in an appeal, preferred under the provision of Special Powers Act and since this court is not empowered under the provision of Secti......ese aspects of the case came to an erroneous finding that the petitioner committed the offence under Section 19A of the Arms Act, 1878. The learned Advocate contends that the Arms Act being a special law, the every aspect of the allegation must be cogently proved before the tribunal through corrobor..Category: Criminal Law | Date: | Hits: 115
....ion 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. In order to get the tax exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is important for any Hospital to show that ......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 237
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....decree was sealed and signed on 1.6.97 and the decree holder bank made application on 24.4.2003 which is after more than 5 years the Adalat has no lawful authority to make the decree final as per the provision as laid down under Order 34 Rule 5 of the Code of Civil Procedure as 3 years time as prove......er No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree after the expiry of 3 years as provided under article 181 of t..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....rs should not be declared to be without lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions of the prisons Act 1894, in particular sections 46, 56 and 58 thereof and the Jail Code, ......upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman al..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... of four different plots not being adjacent to each other. The land donated by Haji Md. Abdul Momith does not fit into the criteria set out in the Paripartra for the construction of UPCB and that the provision of the Paripatra is mandatory. The land gifted by Hafiz Mojir Uddin and others was ultimat......hefa Hossain, Assistant Attorney-General - For the Respondent No.3 (In both the cases). Writ Petition Nos. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....Ltd. and their bankers. A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an Order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, c......lly entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite party contested the case by filing a written objection contending that the case is not maintainable in law. The learned Assistant Judge, 4th Court, Gazipur Sadar after conclusion of trial by its judgment..Category: Property Law | Date: | Hits: 117
....sional Commissioner but also considered the suitability of the respondent No.4 in preference to the petitioner on politico administrative consideration. It has already been noticed that there is no provision in the Chittagong Hill Tracts Regulations and the Rules made thereunder as to the recognit......hy the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner wa..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....urt. By merely filing a petition and only stating the Saf kabala number of the father of the pre-emptor disposed of the property without brining any formal prove or evidence before the Court as per provision of law the appellant made a prayer that this fact be made a ground in the Memo of appeal. ......tioners as opposite party Nos.1-3 contested the said case by filing written objection stating inter-alia that the case is not maintainable in the present form and manner as alleged and also barred by law of limitation and bad for defect of parties etc. and also stating that Syed Ahsan Ali inherited ..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. ...... withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential prerequisite of an action under the aforesaid section is an application b..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. ...... Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the learned Adv..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......ved this Court and has obtained the instant Rule. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and..Category: Family Law | Date: | Hits: 224
....of the Court itself.
6. It appears that Section 26 of the Artha Rin Act, provides that notwithstanding anything which is not repugnant to the Act relating to the execution of the money decree, the provisions of the Code of Civil Procedure, shall be applicable under the Act. But from the said prov......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......ing over possession through Court but the same has been done in advertently by the trial Court. Whenever the decree for execution was pending before him, he was empowered to execute the decree as per law, for handing over possession in the suit land. The view finds support from the case law reported..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. 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) 418.
......e President of the Managing Committee, she used to do whatever she liked. She being a teacher of the school appeared at the H.S.C. Examination as a regular student and that was not in accordance with law. She is still prosecuting with her studies in B.A class as a regular student. Under the circumst..
Category: Civil Law | Date: | Hits: 104
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. ......warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting probate, yet subsequently he has made submission that there are some specific legal provisions in the Act enabling the court to grant probate or 'Will' on the basis of copy or draft of......judgment and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been c..Category: Property Law | Date: | Hits: 113
....acing him under suspension with effect from 7-2-1996. Thereafter, by a notice dated 19-2-1996, the petitioner was asked to show cause within 7 days from the date of receipt of the notice, under the provisions of the Government Servants' (Discipline and Appeal) Rules, 1985, as to why he will not ......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5-6-1996 was passed after observing all the formalities of the law for the purpose. The respondents having no Service Rules of their own they usually follow and ap..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....the said decree into execution in the Court of Joint District Judge, Dhaka through Money Execution Case No.2 of 2004. The petitioner filed application for rejection of the Money Execution case as per provisions of Order VII Rule 11 of the Code of Civil Procedure. The said application was rejected by......der before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree of Abu Dhabi C..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....ecting the aforesaid application written objection is that the second party appellant did not make any deposit as is required by section 33 of the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scru......egal and without jurisdiction. The learned Advocate further submits that the arbitrator did not at all give any proper hearing to the appellant's side nor did he hold the proceeding properly and lawfully nor consider the legal evidence and the arbitrator misconducted the arbitration proceeding ..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. ......plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the ownership of the suit property which is capable of ..Category: Civil Law | Date: | Hits: 123
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