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Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)

....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. ......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. ......d. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......ed against the Judgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent..

Category: Civil Law | Date: | Hits: 141

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....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. ...... Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the schedule of the plaint alleging that, the defendant-petitioner started constru......rshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukder, Advocate — For the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.......Talukder, Advocate — For the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.120 dated 9-3-1998 passed by Mr. Ranu Bilkis Banu, Senior Assistan..

Category: Civil Law | Date: | Hits: 122

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....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.......foresaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......ate — For the Respondents. Reference Application Nos. 68-75 of 1984. Judgment Mahmudul Amin Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedule Kha, stating, inter alia, th...... Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedul......1997. Result: The Rule is discharged 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 — F...... opposite parties. The purport of this order be communicated to the plaintiffs for compliance after receipt of the records and from the 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 Repo..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....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....... 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.......s to be made or signed or delivers or causes to be delivered to on officer of customs any declaration, notice, certificate or other document whatsoever, or (b) makes any statement in answer to any question put to him by an officer of customs which he is required by or under this Act to answer, an..

Category: Fiscal/Taxation Law | Date: | Hits: 189

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....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.......pted 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)

....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.......of schedule Ka to the plaint was unauthorised, illegal and without jurisdic­tion with a further prayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedule land. The suit was contested by the present petitioner by filing a written statement deny­ing the c......ade above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......iable to be set aside but in the facts and circumstances of the case I am inclined to send the matter back to the learned Munsif for rehearing of the Miscellaneous Case on its merit as well as on the question of limi­tation. In the result this Rule is made absolute without any order as to costs...

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....ure of the auction-purchase would depend largely on the determination of this question on the basis of evidence on record. It was also stated in the main petition that the petitioner was all along in possession of the said land and she produced rent receipt to show her owner­ship in respect of the ...... 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an appli­cation under section 174(3) of the Bengal Tenancy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent......itioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civ­il Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc......oner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civ­il Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. A..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

.... the Appellate Division, as it is not necessary to maintain an action of trespass, to prove that the plaintiff suffered any actual loss. It is enough if he proves that he is in actual or constructive possession at the date of trespass and that the defendant has unlawfully disturbed his possession, t......tion to be a driver but to a person who has at least some education as education makes a man a bit responsible….....................(86) Cases Referred to-  Century Insurance Vs. Northern Ireland Road Transport Board, (1942) AC 509; Beard Vs. London General Omnibus Co. (1900) 2 QB 530; Sera......down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... deceased died. At the time of death, deceased was about 44 years leaving 2 minor sons, parents, brother, sister and wife. Upto this, it is an admitted position excepting manner of accident. Disputed questions for which this appeal was filed was for claiming of compensation on different counts. 5..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....dvertised on 21-3-2004 in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the case land through police force on 5-10-2005, petitioners could know about the auct......in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the case land through police force on 5-10-2005, petitioners could know about the auction and ex parte decree....... Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......the ex-parte decree obtained in original case dated 15-10-2005 Judgment debtors filed Miscellaneous Case No.27 of 2005, and Writ Petition No.7705 of 2005 where the Judgment debtors did not mooted the question as to service of summons in original suit as such, this question cannot be reopened as on t..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....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.......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.......arned counsel for the petitioner and the learned Assistant Attorney General and considered their submissions. We have gone through the petition and the different annexures thereto carefully. The only question that falls for consideration by this Division is whether the claim of refund by the petitio..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....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. ......has further submitted that the extraction of sand from the bed and banks of the River and outside the designated area of the Fazilpur Sand Quarry should be stopped to maintain the relevant law of the land. 16. Mr. Jamal Uddin Ahmed learned Advocate appeared for the Respondent No.4 but he did not ......ds vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......er by this Court at the time of issuance of the Rule. To identify the unscrupulous traders involved in illegal extraction for taking legal action against them and realizing compensation from them are questions of fact to be ascertained on evidence and as such, such questions cannot be decided in wri..

Category: Environmental Law | Date: | Hits: 1019

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......isdiction as it would be in violation of the agree­ment entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to t................Opposite Parties Judgment February 11, 1988. Result: The Rule is made abso­lute. Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ay......rs. S.H. Md. Nurul Huda Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....e Opposite Parties. Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party ....... Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added ......ure 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

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

.... the 1st Court of Subordi­nate Judge, Dhaka and obtained a decree declaring the requisition as illegal and void. In consequence of the said decree the land was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to ac......1/87 and 2/87 allowing in part and modifying the Award passed by the Arbitrator and Subordinate Judge, 1st Court, Dhaka in Arbitration Revision Case No. 4 of 1986. 2. It appears that 0.52 acres of land belonging to late Mir Basharatullah, the father of the petitioner in plot No.1363 of mouza Faid....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and Dis­trict Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit...... hearing the parties awarded a total sum of Tk. 1,04,50,000/- and on appeal the Member, Appellate Tribunal reduced the award of the Arbitrator and made it at Tk. 61,02,000/- for the aforesaid land in question. Being aggrieved by the de­cision of the Member, Appellate Tribunal, these three Civil Rev..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....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. ......, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application un­der section 115 of the Code of Civil Procedure is di­rected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Titl......hammad Abdul Jalil based his report. It fur­ther appears that the enquiry was held as per Ext.9. The Enquiry Proceeding further shows that the en­quiry officer D.W.2 held the enquiry in the form of question and answer that is, he put certain question to the plaintiff-petitioner who replied, the sa..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....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. ......py 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. ...... …………………In the instant case the learned Magistrate did not take cognizance on the basis of the earlier Police report which resulted in the discharge of the pe­titioner and hence the question of revival of pro­ceedings against the petitioner, raised by Mr. Hasan Arif, does not aris..

Category: Criminal Law | Date: | Hits: 127

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....being not an evidence cannot form the basis of conviction. 11. In reply to this contention the learned counsel appearing for the State submits that recovery of money to the tune of Tk. 1100/- from possession of the appellant at Thana is a circumstance which warrants his involvement in the crime a......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......neral, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....4 measuring .92 acre belonged to defendant No.1 Gou­ranga Chandra Kunda and his brother Subash Chan­dra Kunda in equal share by amicable arrangement. Gouranga got 46 acre of this land and he was in possession of his share. He proposed sale of his share to the plaintiff in consideration of Tk. 10,0......if Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouranga Kunda to execute a kabala in respect of suit land in pursuance of a Bainapatra executed by him for the sale of the said land. It was the case of ....... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......ence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......f the accused-appellant that on that fateful night of the occurrence accused Shahjahan Mizi and his wife Rina Begum were sleeping in the same dwelling hut and there was none else in that hut. Now the question that calls for consideration is, whether the witnesses examined by the prosecution have bee..

Category: Procedural Law | Date: | Hits: 118