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Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....rate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......dlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitioner went to Middle East in connection with his service and she also accompanied him with the child several times and lived with him. In June, 1985 the petitioner along with her and child returned home from M......was recorded. She prayed for drawing up proceeding against the petitioner under section 362/363 of the Penal Code and also for search warrant under section 100 of the Code of Criminal Procedure for recovery of her minor son. The Chief Metropolitan Magistrate, Dhaka examined her on oath under secti......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....rted in: 41 DLR (HCD) (1989) 513.......vered lo the plaintiffs at Barisal........... Section 32 of the Arbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, e......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......erms and conditions of the sanction letter and ultimately the amount of loan, principal with interest and penal interest admittedly stood at Taka 33,233 as on 29-12-1993. Plaintiff filed the suit for recovery of the aforesaid amount from the defendant with interest there on till its realization. It ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....ngly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......e are not convinced that the inherent power as conceived under section 561A CrPC can be invoked in the facts of this case to meet the ends of justice. The petitioners’ case may be considered at the time of hearing of the appeal arising out of the same judgment and order appealed by other co-accuse......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukder, Advocate — For the Opposite Party. Civil ......open to challenge and to determine the real issue on adducing proper evidence by the parties in the suit. Although the impugned order lacks in proper consideration the same can be controverted at the time of trial of the suit on adducing evidence. The matter may be left to the trial Court for its fi......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....ase is also Reported in: 51 DLR (1999) (HCD) 333.......able it to participate in the international tenders and to keep nexus between the two countries so that the business activities of the petitioner be quick and speedy. The work permit was renewed from time to time. It is also the case of the petitioner that subsequent to setting up of the liaison off......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....scharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner Mihir Kanti Majumder Advocate — For the Opposite Party. Civil Re......ying usual presumption of its validity. In support of the execution of the aforesaid Ekrarnama besides P.W.1 (plaintiff No.1) P.W.2 Md. Yaseen was also examined who deposed that he was present at the time of execution of the aforesaid Ekrarnama. There is nothing in the cross-examination of this witn......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....tor of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of ......r’s prayer for renewal of the licence of the Bonded ware-house would be considered. It was also stated in the said letter that in case of petitioner’s failure to deposit the claimed amount within time specified punitive action would be taken against him. The petitioner filed an appeal against th......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....d of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......er filed applications tendering unqualified apology but in the said applications they tried to justify their action. When the matter came up for hearing learned Advocate for the contemners prayed for time to file fresh affidavits tendering unqualified and unconditional apology. Today contemners file......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
...........Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Advocate - For the Petitioner. Subodh Ranjan Dutta for A.K. Badrul Huq, Advocates - For the Opposite......ort of the Rule has contended that since the suit was dismissed for default on 18.6.84 and the application under Order 9, rule 9 C.P.C. was filed on 4.8.84 the application was barred by limitation as time for filing such an application by a plaintiff for an order to set aside a dismissal for def......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....y order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 CWN 694, 699; 5 DLR 43; 6 DLR 434; 9 DLR 394. Lawyers Involved: Faruque Ahmed, Advocate - For the Petitioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Re...... the Bengal Tenancy Act, 1885 was repealed by the State Acquisition and Tenancy Act, 1951 and as such the remedy available under the repealed Act was not available to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Sectio......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.... Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... born 15-1- 1945 and was a good student, passed SSC examination in 1960 and thereafter, on completion of his education career from Dhaka University, joined Daily Songbad as news editor and in a short time he earned reputation. Deceased Mozammel Hossain Montu was not only a journalist but was a drama......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Bangladesh Food Products Limited Vs. National Bank Limited, 13 MLR 253......ears from the record that in course of appeal the defendant was negotiating with the bank and the purchaser to sell the auction property and the defendant will pay up the entire decreetal amount at a time to the bank and he will also pay to the auction purchaser the amount together with interest. Th......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
....s Case is also Reported in: 62 DLR (HCD) (2010) 471.......hy the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as per section 42(2)(a) of the VAT Act, 1991 at the time of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Ta......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....n: 62 DLR (HCD) (2010) 463. ......d Jamalganj upazilas of the district of Sunamaganj. Copies of description of the River and the mouza map showing the flow of its are annexed to the writ petition and marked as Annexure A series. From time immemorial, lives of the people of Sunamganj have been very closely linked to the River and its......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....n: 42 DLR (HD) (1990) 76. ......ed to have made statements before a Magistrate under section 164 of the Code, of Criminal Procedure in which all of them excepting Kohinoor admitted their guilt. It may be mentioned that after some time the accused persons filed a petition on 12.9.87 retracting from their confession in which, of......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
.... Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi Vs. Lala Bishmbar Das, 16 DLR (SC) 246 20 DLR 575 (......ury J. (as his Lordship was then) held as follows: "The use of the word "exists" in the present tense in sub-section (5) of section 145 connotes that the dispute must continue to exist even at the time when the objection is raised. The main purpose of this section being the maintenance of public ......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....cted rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......analogous to that of the Corporations which were under consideration in Sukhdev Singh's case (ibid). The ratio of Sukhdev Singh's case, therefore, squarely applies to the present case. Even if at the time of the dismissal the statutory regulations had not been framed or had not come into force, then......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Daliluddin Ahmed J Shah Alam Chowdhury..............................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result......under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Sessions triable case which reads as follows: "Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of Sessions". 3. The facts of the case are that ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....f the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......over that matter there was some conversation between parties and at one stage of the conversation Saburuddin expressed unwillingness to return the money and that led to an altercation. In the meantime accused Jahur Ali's sister Asia Khatun and mother Sabiran came to the place with two Bakis (a s......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
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