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Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... as the postal peon returned the same with the endorsement 'refused'. As the defendant of the respective suits did not contest the suit the court below rightly decreed the same ex parte. 4. At the time of hearing of the cases each of the defendant-petitioners examined 3 witnesses, on the other ha...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
.... the he has been suffering from various complicated and serious illness endangering life and in support "For above mentioned diseases Mr. Iqbal Hasan Mahmood needs specialists treatment with long time follow up. In consideration of the aforesaid findings of the diseases the Medical Board obser......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....er Order XXI, rule 58 of the Code of Civil Procedure to the executing Court to release the schedule property, in question. The said petition was registered as Miscellaneous Case No.27 of 2009. At the time of filing of the application a bond for 10% of the decretal amount was filed. The decree-holder......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
.... arising out of 2nd first information report is nothing but an abuse of process of the court and for securing the ends of justice the same is liable to be quashed. It is further submitted that at the time of recovery of the revolver from the possession of the accused person in the earlier case the p......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)
.... drawer's signature differed. At a subsequent stage, as per the assurance of the accused-petitioner, the complainant presented the cheque to the Janata Bank 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...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....order and the Annexures. 9. Section 9(2) of the Public Servants (Retirement) Act, 1974 state as follows: "9. Optional retirement.— (1) A public servant may opt to retire from service at any time after he has completed twenty five years of service by giving notice in writing to the appointi......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... as abandoned property under the said order have been issued: Provided that no such list shall include any building in respect of which‑ (a) any decree or order has been passed, at any time before the publication of the list in the official Gazette, by any court declaring the building......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....sulganj Bazar, about 250 yards from his residence. P.W.3 Jamaluddin who was the secretary of the Parishad and P.W.5 Abul Hossain, a rickshaw‑puller were then present inside the Office room. At that time the condemned prisoner Abul Khair together with appellants, Mosharraf Hossain and Mainuddin cam......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
.... 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appella......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.....1984 Annexure F. Again he was directed to submit all the papers on 30.11.1985. The petitioner complied the direction by filing the papers and documents in support of his claim on 14.4.86. In the meantime the Ministry of Works by their Memo dated 29.12.79 requested the Ministry of Home Affairs to de......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....ut being satisfied as to the essential ingredient of Order XIII, rule 1(2) of the Code of Civil Procedure which runs as follows: "1. Withdrawal of suit or abandonment of part of claim.- (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, wit......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....s, that a proceeding cannot be initiated against a private person under sections 4 and 5 of the Anti-Corruption Act, 1957. On perusal of the record of this criminal revision we have found that at the time of issuing the Rule with reference to the principle laid down in the case of Abul Basher vs. St......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... complainant and also denied the execution of agreement to sell. The conduct of the accused-petitioner must not be overlooked. 15. In a case of cheating, the intention of the accused person at the time of commission of offence is to be seen and the consequence of the act or the series of acts is ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....sary papers annexed with the petition mainly submits that section 18 of the VAT Act does not require the VAT payee to obtain permission for registration of the change in information supplied at the time of VAT registration and Rule 12 of the VAT Rule does not speak or mention about payment of all ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....confessional statement under section 164 of the Code of Criminal Procedure made by convict Abul Hashem is not true and voluntary and same was extracted by threat and putting fear on him though at the time of examination under section 342 of the Code of Criminal Procedure convict Abul Hashem stated b...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Director-General in the rank......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....se, the defendant-respondents filed Civil Appeal No.68 of 1989 before the Appellate Division which was also dismissed on 15-3-90. The Appellate Division while dismissing the appeal gave one month’s time to the defendant-respondents for vacating the suit house, Defendant-respondents, thereafter, fi......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....The defendant-appellant wanted to sell the suit property in order to buy some other valuable properties with the sole proceeds thereof. Since the failed to buy such property she requested for further time to enable her to execute and register sale deed in respect of her suit property. The plaintiff-......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t the letting of the property was affected by two brothers jointly. A two-storied building had been constructed in the land of Schedule ‘A’ being house No.5, Circuit House Road, Dhaka, in the lifetime of Khan Bahadur Moklesur Rahman. Plaintiff has been living in the first floor and defendant No.......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... case the plaintiff desires to proceed hereunder, be instituted by presenting a plaint in the form prescribed; but the summons shall be in Form No.4 in Appendix B or in such other form as may be from time to time prescribed. (2) In any case in which the plaint and summons are in such forms respec...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
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