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Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubal......oner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No. 17......non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question that calls for our consideration is whether a preliminary enquiry before lodging any compla..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....money of Taka 27,500. The total claim thus stood at Taka 6,14,780. In spite of repeated requests by the plaintiff, the defendants did not pay the above dues to the plaintiff. After taking delivery of possession of the building on 22‑5‑91 the defendants having not paid the dues, the plaintiff bec...... The Hospital authority therefore, could not pay money for non-tender item. 6. Further case is that, the Hospital was first let out on rent and then was transferred to the Bangladesh Bank with the land at a price of Taka 20,97,039. The Hospital authority or the defendants never caused any loss to......1973) 1 SCC 639. Lawyers Involved: Md. Abdus Samad Miah with Sontash Kumar Sarker, Advocates ‑ For the Appellant. Humayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
.... Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 passed in Title Sui...... also for declaration that the judgment and decree dated 15.6.1998 passed in Title Suit No.7 of 1995 by the same Court was collusive and not binding upon the plaintiffs on the averments that the suit land along with other lands originally belonged to Sudhir Chandra Dutta and Subid Chandra Dutta, the......ourts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......it land but after long lapse of time the land acquisition officer in the middle part of May, 1998 all on a sudden disclosed that the plaintiffs have no right or ownership in the suit land and as such question of de-requisition does not arise at all which cast a cloud over the title of the plaintiffs..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......g, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fi....... Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ...... No. 709 of 2003 with Criminal Miscellaneous Case No. 2663 of 2003. Judgment SM Dastagir Husain J.- Two Rules were heard analogously as they arise out of the same FIR and involved common question of facts and are disposed of by one judgment. 2. These Rules are directed against the pr..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... grave in character and ends of justice are put to jeopardy and also to correct patent illegalities. 19. Ordinarily Criminal proceeding against an accused person must be tried under the law of the land and the High Court Division will be reluctant to interfere with the said proceeding. Of course,...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......A consideration justifying the exercise of inherent power varies from case to case. The jurisdiction ought not to be encaged within the strait jacket of a rigid formula. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it mani..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... without lawful authority. He has further argued that the petitioner and his brother have challenged the said sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fraud or material irregularity in the sale proceeding, the petitioner is not required to..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......s in violation of the Article 58B of the Constitution. 5. Further case of the petitioners are that the offender should be tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the impugned Ordinance is neither a Court nor a ......to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....the Appellant. Snigdha Huq, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the Arms......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......erty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......by learned Judges and decisions rendered by them and, also, without being influenced in any way by any observation made by learned Judges. 5. Fate of the appeal hinges on answer to the fundamental question which is whether prosecution could succeed by substantially proving the charge levelled aga..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......0) 321, 16 BLC (HCD) (2011) 166. ......Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and order dated 16-08-2009 passed by learned Add..Category: Family Law | Date: | Hits: 171
....ship was broken under the control and management of the defendants and scraps were supplied to the plaintiffs from their control. The yard at 'Bhatiary' belonged to the plaintiffs and was under their possession. The ship was never in the possession nor any control of the bank. The ship was in open y......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
Syed ABM Huq J
Eastern Bank Ltd. and another........................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Re......ssue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I‑ The expression former suit shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II‑ For the purposes of th..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....n the Court and filed the alleged solenama by forging the thumb impressions and signatures of the predecessor of the petitioners. The predecessors of the petitioners having right, title, interest and possession in the suit property never knew about such Sole decree. The present defendant Nos. 1‑4 ......ssession in the suit property never knew about such Sole decree. The present defendant Nos. 1‑4 recently brought Title Suit No. 30 of 2000 in the Court of Assistant Judge, Feni for partition of the land of the concerned khatian. On receiving the notice of that suit the petitioners came to know abo......However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......‘Output tax means the Value Added Tax leaved under this Act.”
(Ga): ‘Input tax means VAT on all types of raw materials, wrapping paper materials, service and machineries, but not on labour, land, building, office machineries and transports.”
The aforesaid section means that the tax o......ier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......ng on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ....../অর্পিত-২০০১-৩০৫ তারিখ ১৩-৬-২০০১ইং issued under their joint signature informed the Additional Deputy Commissioner (Revenue), Mymensingh, that the question of releasing the case properties from the list of vested property did not arise as the prop..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....plaint on the view that the suit was barred under sections 43/44 of the Ordinance. 4. Mr. Subrata Chowdhury, the learned advocate for the appellant, submits that the plaintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names of defend......d by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff society was alone entitled to receive the c......................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant......be for a limited purpose. It does not appear that the section empowers the Arbitrator to consider an application of a person who is not named in the award. Moreover, he is not empowered to decide the question of title to the land acquired and thereby, the title to the compensation. Hence, a person w..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......Case No. 31 of 2000 under sections 464/465/467/468 /469/471/109 of the Penal Code pending in the Court of Magistrate, 1st Class, Cognizance Court No. 1, Habiganj should not be quashed. 2. The moot question in this Rule is whether the prohibition under clause C to section 195 (1) of the Code of Cr..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......t Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: ......yed for. Hence, this appeal. 9. Mr. Mahmudul Islam, learned Senior Advocate, appearing on behalf of the appellants, submitted that learned Joint District Judge failed to notice and decide the moot question as to whether the plaintiffs became defaulters under the Bank Company Act, 1991 and without..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......ransfer of shares to respondent Nos.4 to 7 by such reconstituted board were all without jurisdiction, illegal and void. 13. In support, first, he read paragraphs 307 and 308 of Halsbury Laws of England, Fourth Edition and then, relied upon Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (......ondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ...... right to challenge. 15. He further submitted that when the meetings held on 18‑11‑99 and 7‑12‑99 do not suffer from any illegality or infirmity the petitioner is not entitled to raise any question about legality or otherwise of the transactions of such meetings. 16. He submitted that ..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......f 1998 impleading the present petitioners as pre-emptees and opposite party Nos.8‑24 as other opposite parties in the 2nd Court of the Subordinate Judge, Noakhali claiming pre‑emption of the case land alleging, inter alia, that the pre‑emptors are co-sharers, in the case holding by purchase an......Khatoon and others.....................Respondents Judgment January 10, 2004. Cases Referred to- Hazi Mohammad Jayan Ali and another Vs. Jaju Pramanick and ors., 53 CWN (1 DR 61); Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 DLR 1220; A Jafar Vs. A Hamid, 19 DLR 306; Belayet Hossain and...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......something owed. It is a Common Law word of technical meaning. In a purely technical sense it is that for which an action of debt or "indabitatus assumpsit" will lie. 11. In Halsbury’s Laws of England, Vol. 6, paragraph No.1038, at page 538, it is stated as follows: "A winding up order will n...... Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......ore, in order to appreciate the scope of the arguments advanced by the parties I am required to examine the law and ascertain the legal characteristics of the expression 'debt'. 8. Thus the only question that calls for determination in this case is whether the arrear salary and other emoluments..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......d Advocate submits that this right to the remuneration and the privileges guaranteed to the Judges had been achieved as result of a long struggle between the King on the one hand and the people of England, on the other, through their representatives in the Parliament, firstly, by the Bill of Rights,......
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......s that admittedly all the petitioners are holding constitutional posts and the terms and conditions of their such service as specifically allowed under the provisions of Ordinance No.LVI of 1983, the question of any deduction, whether it is by way of gross pension or net pension from their existing ..
Category: Employment/Service Law | Date: | Hits: 99
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