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Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
.... the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 should not be set-aside and/or such order or further or orders passed as to this Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-20......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ......w should not be interfered with by this Court. 9. We should confine ourselves within the ambit of the impugned order i.e. whether the impugned order passed by the appellate Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....the appellants shows from the record that occurrence took place at 10‑00 PM in the night following 16-12‑1990 and first information report was lodged at 19.50 on 19‑12‑1990 but there was no proper explanation as to the delay in lodging first information report on 19‑12‑1990, although t...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ......or P.W.2 it will be difficult to ascertain and attribute any of those 11 injuries to accused appellants Mokbul and Atiqul. Learned Advocate earnestly argues that learned court below had no sufficient legal evidence before it to find accused appellants Mokbul Hossain and Atiqul Islam guilty under sec..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....e No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First in......…………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwi......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....truments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R......ank again for encashment on 08-4-2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22-4-2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30-4..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....aration shall not be made that the petitioner has right to continue in service till the completing of 57th year of age and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner was appointed in Biman Bangladesh Airlines Limited ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......calling upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petitioner has right to continue in se..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......at the impugned action of the respondent without initiating the proceeding of section 55 of VAT Act, 1991 but took action only on the basis of the report and request the Local Audit Agency which is illegal and the same should be declared to have been issued without lawful authority and is of no lega..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... in the last part of 1947 and has been living therein with his wife Alimunnessa alias Aliman. The petitioner No. 1 was born on 1.1.1950 and the petitioner No. 2 was born on 5.2.53 at Dhaka. The house property No. 6A/8, Block F, Joint Quarter, Mohammadpur was allotted to the said Alimunnessa alias Al......s also Reported in: 44 DLR (HCD) (1992) 288.......bandoned property or not to have vested in the Government under the President’s Order of declaring the possession by the government of the building as an abandoned property under that Order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return..Category: Property Law | Date: | Hits: 90
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....of Bangladesh and enlistment of the petitioner's holding No.2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal e...... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......te, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have shown cause by filing an affidav..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....ed by Assistant Judge, 2nd Court, Dhaka in Title Suit No.295 0f 1995 rejecting the plaint should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The plaint case in short is that the plaintiff instituted the Title suit No.295 0f ......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......leading the above defendant-petitioners and opposite parties Nos.2-7 praying for declaration of title in the suit land and also further declaration that the kabala No.8593 dated 8-8-1959 is forged, illegal and not binding upon the plaintiffs and stated, inter alia, that one Jalaluddin of village Nay..Category: Procedural Law | Date: | Hits: 108
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... of the act or the series of acts is to be judged. From the acts and conduct of the accused-petitioner and the surrounding circumstances a dishonest intention on his part can easily be inferred. In a proper case a breach of contract, also, amounts to cheating and criminal breach of trust punishable ......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i...... and (c) this power can be exercised only to secure the ends of justice when the injustice to be remedied is grave in character and ends of justice are put to jeopardy and also to correct patent illegalities. 12. Ordinarily criminal proceeding against an accused person must be tried under the ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i......থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short, is that the petitioner compa..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....Babor Ali Molla Vs. State, reported in 44 DLR (AD) 10. 11. On the other hand, Mr. Farhad Ahmed, the learned Deputy Attorney General appearing on behalf of the State submits that the trial Court on proper appreciation of the evidence on record rightly found guilty to the accused persons. He furt...... This Case is also Reported in: 63 DLR (HCD) (2011) 242.......tence the appellants have preferred this appeal before this Hon'ble Court. 10. Ms. Sarwat Siraj, the learned Advocate for the appellants, submits that the learned Additional Sessions Judge acted illegally in convicting the appellants inasmuch as the prosecution failed to prove the charge leveled ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ing aside the aforesaid order of the Subordinate Judge and consequently allowing the application for rejection of plaint of Title Suit No.42 of 1999. 2. For better appreciation of the matter and proper disposal of this appeal some necessary facts require to be stated first. 3. These present ......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......nt Nos.8-12. In this subsequent suit the plaintiffs prayed for declaration that the judgment and decree passed in earlier title suit No.177 of 1994 of the 1st Court of Subordinate Judge, Dhaka, was illegal, ineffective and not related to the suit land of CS Plot No.371 described in schedule-'ga' to ..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....uilding Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint was auction-sold to the plaintiff-appellant for a c...... J Md. Joynul Abedin J Salma Islam………………Appellant Vs. Parveen Banu & others………………Respondents Judgment June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sr......dismissed. The defendant-respondents thereafter preferred First Appeal No. 46 of 1988 before the High Court Division. The said appeal was also dismissed with observation that defendant-respondents as legal heirs of said MA Nasir would be entitled to receive the sale proceeds after payment of legal d..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....d 23-1-1978 alleging, inter alia, that the said sale agreement was entered into by and between the defendant-appellant and plaintiff-respondent whereby the defendant-appellant agreed to sell the suit property (a two-storied residential building) at Baro Maghbazar, Dhaka to the plaintiff-respondent a...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: The Appeal is ......equests on different dates requesting her to execute and register necessary sale deed on receipt of the balance consideration money but she declined to do so. Accordingly, plaintiff-respondent issued legal notices calling upon the defendant-appellant to execute and register necessary sale deed but t..Category: Civil Law | Date: | Hits: 148
....or added Respondent No.8.
Writ Petition No.4127 of 1992.
Judgment
Qazi Shafiuddin J.- A Rule was issued calling upon the respondents to show cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 sho......orted in: 50 DLR (HCD) (1998) 273.
...... transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may deem fit and prope..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 17-8-2003, all further proceedings of the above m...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......et and the case was registered as Special Tribunal Case No.96 of 2003 and formal charge was framed on 25-6-2003 against the petitioner under section 25B(1)(b) of the Act. The Customs Officials most illegally seized the gold which was lawfully brought by the petitioner under the Rule 2000. 5. The ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....ncing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first informat......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......s submissions, the learned Advocate for the appellants has referred to some decisions which we shall consider later on. Thus, he submits that the learned Additional Sessions Judge committed serious illegality in convicting the appellants. Lastly, he dares to submit that this is a case of no evidence..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mention......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res...... favour of the complainant, who on 29-3-2007 presented both the cheques for encashment in the concerned bank, but the same were dishonoured on the same day for insufficient fund. He thereafter sent a legal notice on 12-4-2007 to the petitioner which was returned on 26-4-2007. The petitioner did not ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ising out of Kafrul PS Case No.30 dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ......ccused and considering the materials on record and having found sufficient ground, the learned Special Judge has framed charge against the accused-petitioner and the co-accused and that there is no illegality in framing charge and in the circumstances, the Rule is liable to be discharged. 8. Mr. ..Category: Criminal Law | Date: | Hits: 84
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