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Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
.... No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority an......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh......s on 16.09.97 the plaintiffs are being deprived of their monthly income to the tune of taka 26,000/-, so they were entitled to get mesne profit at the said rate from the said date. 6. By further amendment the plaintiffs added a prayer being prayer ka(1) (ka) to the effect: "For declar......irected against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for decl..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
.... No.2, National Bank Ltd. as plaintiff instituted Money Suit No.14 of 2002 in the 1st Artha Rin Adalat, Chittagong against the defendant-petitioner named Shrimp and Fish Processing Plant Ltd. for realisation of its outstanding dues totaling Tk. 78,59,681.37 with interest at the rate of 16%......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......ith section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2, National Bank Ltd. as plaintiff instituted Money Suit No.14 of 2002 in the 1st Artha Rin Adalat, Chittagong against t..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....n Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......lat, Natore (Respondent No.2) in Artha Rin Adalat Case No.40 of 2004 rejecting the application of the petitioner filed under section 17(1) (2) of the Artha Rin Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ing that the signature of the pre-emptor
Mohammad Ali Sheikh was forged and fabricated and it does not tally with the
signature of pre-emptor Mohammad Ali Sheikh put in the vokalatnama and in the plaint of the case. The learned Counsel next
submits that pre-emptor Mohammad Ali never put his sig..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....ed upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose o......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are as follows: 3. The petitioner as plaintiff filed S.S.C. Suit No.3 of 1999 in the Court of Subordinate Judge, 1st Court, Dhaka against..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to f......cording to the newly inserted section 138A of the Negotiable Instrument Act cannot be said to have taken away the unrestricted right of appeal given to the petitioner…..(16) Prior to amendment of sub-section (4) of section 339C of the Cr PC, a vested right was created in The content......udge, Dhaka should not be declared to have been done without lawful authority. 2. The facts leading to the issuance of the Rule, in brief are: Respondent No.3 as the complainant lodged a complaint against the petitioner on 20.11.2005 in the Court of the Chief Metropolitan Magistrate, ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....e of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsely confess to ha......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....elamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20.2.81. The informant Afaz Uddin (P.W.1), brother of......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......l reversing the judgment and decree dated 6.6.2004 and 13.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....pposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the de......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......nchagar in Other Appeal No.10 of 2005 affirming those dated 12.1.05 passed by the, learned Assistant Judge, Atowari, Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this cour..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... - For the Respondent. Company Matter No.179 of 2007. Judgment Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") ......way of modification of the existing Sub-Clause (1) of the Memorandum of Association of the Company. 9. The Registrar, Joint Stock Companies and Firms, Dhaka is also hereby directed to register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawin...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....he Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Su......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ....... In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit int..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment i......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......ould not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dha..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropo......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....his Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurhat, impleading the opposite parties as defendants for permanent injunction, restraining the defendant Nos.1-3 from giving allotment to defendant ...... beautification of the area but the defendants are trying to lease out the same in favour of the defendant no.4. Hence, the suit. 4. Subsequently, the plaintiff filed two applications one is for amendment of the plaint and another is for local investigation, fixing 25-11-2004 for hearing but on......, Joypurhat, in O.C. Appeal No.1 of 2005 affirming those of dated 25-11-2004 passed by the learned Senior Assistant Judge, Joypurhat Sadar, Joypurhat, in Other Class Suit No.58 of 2004, rejecting the plaint of the suit under Order VII Rule 11(d) of the Code of Civil Procedure. 2. Short facts le..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....esignation was 'senior machineman' and his gross wages was Tk.5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent, (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana......orker concerned has been deprived of the benefits specified in that section. (emphasis supplied) 20. It is important to note here that this proviso was amended by Ordinance No.16 of 1985. Before amendment, the proviso was as under: "Section 25(1)(b) Provided that no complaint shall li......he petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, Gazipur. 6. In Writ Petition No.7785 of 2005, respondent No.2 filed Complaint Case No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employmen..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
.... applicants, who are proprietors of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised re......are not difficult to understand. It empowers any Income Tax authority or the Appellate Tribunal to amend any order passed by it by way of correction of any error apparent from the record. However, no amendment under subsection (1) shall be made after the expiration of four years from the date of ord......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......der or orders passed as to this Court may seem fit and proper.
2. The facts of the case need not be stated in details for the purpose of disposal of this Rule. On 24.06.1999 the Respondent No.2 as plaintiff bank filed Bankruptcy Suit No.14 of 1999 in the Bankruptcy Court, Dhaka against the petiti..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
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