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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... parties to show cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No.......by a doctor. The plaintiff agreed to that proposal and went to Chandraganj. Thereafter the defendant Nos. 1 and 2 and their respective husbands managed to get some signatures of the plaintiff in some papers and using the same created the impugned deed fraudulently. Hence, is the suit. 3. During p...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......urt High Court Division (Civil Revision Jurisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases R......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......copy of objection of audit report to the General Manager, Bangladesh Railway, West, Rajshahi to ascertain the correct date of birth of the petitioner. The General Manager after perusing the necessary papers and affidavit came to the conclusion that the petitioner’s date of birth was not 08.04.1952......ahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appointed by the Ideal Life Assurance Company Limited as a probationer vide letter dated 2.7.1964 and was confirmed in his service vide letter dated 2.3.1965. He submitted the necessary certificate, papers and documents to his employer, including his matriculation certificate. The said Ideal Life A......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………......by the Ideal Life Assurance Company Limited as a probationer vide letter dated 2.7.1964 and was confirmed in his service vide letter dated 2.3.1965. He submitted the necessary certificate, papers and documents to his employer, including his matriculation certificate. The said Ideal Life Assurance Co..Category: Employment/Service Law | Date: | Hits: 58
....provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's land appertaining to CS Plot Nos. 1007,......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......lso Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ion of the said Exhibit (M-2) will not affect the judgment delivered by the High Court Division. He also submits that the judgment and decree, Exhibit (M-2) delivered in First Appeal No.40 of 1958 is relevant under sections 13 and 43 of the Evidence Act but its evidentiary value against the plaintif......n First Appeal No.40 of 1958 is relevant under sections 13 and 43 of the Evidence Act but its evidentiary value against the plaintiffs is nil. 10. We have considered the impugned judgment and the papers included in the paper book. 11. Admittedly, the land described in the schedule to the pla......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......he initiation of Civil Appeal No.45 of 2002. 8. Mr. Mahbubey Alam, learned Senior Advocate, appearing on behalf of the appellant, submits that the High Court Division on the face of the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and d..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 2007 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter ......otice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a Company to furnish information, explanation, books, documents and papers under sub-sections (1) and (6) of section 193 of the Act in specified circumstances; the Regi......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal......the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a Company to furnish information, explanation, books, documents and papers under sub-sections (1) and (6) of section 193 of the Act in specified circumsta..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....on 26 of the Act, was issued by the Secretary of the Commission but he does not represent the Commission and he is only one of its employees, to carry out the decision of the Commission. But at the relevant time there were no Commissioners, as such, apparently the notice on 18.02.2007 is, issued b......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......also Reported in: 16 MLR (HCD) (2011) 381. ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ral justice requiring a hearing to be granted to a person before being condemned, applies not only to judicial or quasi‑judicial proceedings but also to administrative proceeding, provided that the relevant statute does not exclude its application and requires the administrative authority concerne......ned and during the hearing the learned Attorney‑General has produced before us a number of the books, periodicals and news items as reproduced either in some books or periodicals and some daily newspapers which quoted certain events and news as was published in the various dailies in 1971. The lea...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak......ereafter in 1967 the respondents were found in their village home in the district of Barisal and were prosecuted under section 14 of the Foreigners Act for entering East Pakistan without valid travel documents being citizens of India. The Magistrate found them guilty and accordingly convicted them, ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....e acts, things and deeds done and actions taken during the aforesaid period which were required to be done for the ordinary orderly running of the country, and which were not otherwise illegal at the relevant time; 2. all transactions, which are past and closed, and no useful purpose would be ser...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......esent: Md. Muzammel Hussain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh, represented by the Secretary, Ministry of industries and others ……..Petitioners (In both the cases) Vs. Bangladesh Italian Marble Works Ltd. an...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....e proceedings of the Tribunal. 8. Mr. Abdur Razzaq further submits that the High Court Division has the authority to decide as to whether the proceedings of the Tribunal are in accordance with the relevant provisions of the Act of 1973 and if the proceedings of the Tribunal are not in accordanc......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... appointed to the Appellate Division of the Supreme Court of Bangladesh. 11. So far as it relates to the appointment of the Chief Justice, clauses (1) and (2) of Article 95 of the Constitution are relevant which provide as follows: "95. (1) The Chief Justice and other Judges shall be appointed......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... This Case is also Reported in: 16 BLC (2011) 800. ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... being acquired, the purpose of the housing scheme, the public good that will come out of it, the conditions under which the Society has been allotted the land, etc. The list is not exhaustive. Other relevant considerations may crop up which will vary from case to case." 11. Proceeding on the abo...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....aiting the decision of the Revenue Officer moved the High Court Division by making a mere statement that the Revenue Officer refused their prayer. 14. The High Court Division without examining the relevant laws made the directions upon the petitioners to mutate the names of the respondents. The H......n Civil Revision No.5380 of 1991 which arose out of the Other Class Suit No.40 of 1981, Writ Petition No.4997 of 2008, plaint in Other Class Suit No.197 of 2011, the writ petition and other connected papers. We have heard the learned Counsel at length. The High Court Division is of the opinion that ......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs.......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
.....1 under the Bank Guarantee No.74/2011 (Annexure-G). 6. Mr. MA Hannan, the learned counsel appearing on behalf of the petitioner after placing the petition together with the impugned order and the relevant Annexures mainly submits that the respondent cannot give such direction for encashment of t......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ...... (Special Original Jurisdiction) Present: Ashfaqul Islam J M Moazzam Husain J Golam Mustafa...............................................Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. Case Referred to- Uttara B......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....rted in 31 DLR 16. 32. In this case reported in 16 DLR 189 their Lordships held that an FIR can be used for assessment of the whole prosecution case in the light and circumstances of the case. The relevant portion of the observations of their Lordships at page 195 of the report read thus: "It ...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489........ Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
.... to suitably amend the Letters of Credit to make them workable and capable of being confirmed by American Express Bank (Annexure-"H" series). While certain amendments were made on 28-12-2006. Other relevant requested amendments pertaining to reimbursement remained outstanding thereby preventin......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......me Court High Court Division (Special Statutory Jurisdiction) Present: Syed Refaat Ahmed J Helm Dungemittel Gmbh……………………....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, ......e respondent No.1 under two performance guarantees issued by the respondent No.2 in favour of the respondent No.1. 3. As stated in Arbitration Application No.1 of 2007 and bearing reference to the documents annexed to that Application, HELM had entered into two contracts, both dated 12-11-2006, w..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ....... Heard Mr. Abdus Samad, the learned Counsel appearing for the petitioners assails the impugned judgment. Perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The main reasoning of the courts below in decreeing the suit was that the de......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
.... such application to the Taxes Settlement Commission.
5. It appears from the assessment order made under Chapter IX of the Ordinance an application before the Taxes Settlement Commission lies. The relevant section is section 83 under which the present assessment was made. It states about assess......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ...... 428. ......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......ecord appearing for the petitioners and Mr. A.S.M. Khalequzzaman, learned Advocate for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 15. The High Court Division found that the Trial Court's finding that the plain......ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
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