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Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....l chairman without knowing the details of occurrence. He just informed the police that a murder took place in his locality and the police went to the place of occurrence making a GD Entry for their departure from the police-station which is a requirement as per police regulation and on going there t......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....hort facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was contended by the plaintiffs of......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....nior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declaration that the impugned auctio......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....nion Parishad as a whole void. The respondent No.1 has however, alleged that the p has obtained 1986 votes through illegal and corrupt practice which is required to be thrown away as he has illegally participated in the election. The case was contested by the petitioner filing written statement deny......3-98 stating, inter alia, that he along with petitioner and five others contested for the post of Chairmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and defaulter in payment of Union Parishad Tax and rent. The respondent No.2 contested the Election by suppressing th......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....,00,000 on the basis of private negotiation with the respondent No. 2 and directed fresh auction fixing 4-12-2000 for open auction. On 23-11-99 the petitioner filed an application for adding him as a party and also filed a chalan and filed another application for passing the chalan for depositing th......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....an application filed by the accused petitioner Abdus Salam, Chairman and Managing Director of Chistia Group of Companies under section 561A of the Code of Criminal Procedure calling upon the Opposite party No.1 Munshi Md. Rashed Kamal and the State to show cause as to why the Proceedings of CR Case ......iency of funds in the account. 138. (1) Dishonour of cheque for insufficiency, etc. of funds in the account.— where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account 3* * * is returned by the ......complaint on 11-12-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three m..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....mder with Md. Ismail Miah, Advocates—For Contemner-Opposite Party No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished acc...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....ase No.59 of 1991 under section 19(1) of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms ...... petitioner-respondent instituted House Rent Control Case No.59 of 1991 under section 19(1) of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....ordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dh......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......out the matter to defendant No. 2 who replied that in 1993 the defendant No. 1 brought her in Dhaka twice and took left thumb impressions in some blank papers in an office saying that in order to get loan those LTIs of the defendant No. 2 are necessary. The plaintiff suspected that by those papers t..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ts are involved and so these Rules are taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 1993, Rules were issued calling upon opposite party i.e. Pubali Bank to show cause as to why the orders dated 16-3-93 passed by the learned Subord......nstead of dismissing the money execution cases. Mr. Tariq next submits that the opposite parties who took loan of crores of takas, have huge properties but they are concealing those in order to avoid payment of the decretal amount and so to bring the defaulter opposite parties to task, the order of ......ing woman the learned Subordinate Judge could order civil imprisonment of the defendant No.1 instead of dismissing the money execution cases. Mr. Tariq next submits that the opposite parties who took loan of crores of takas, have huge properties but they are concealing those in order to avoid paymen..Category: Civil Law | Date: | Hits: 82
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
.....5 Sajiran went to the house of her deceased daughter along with P.W.s 6 to 9 and found her daughter lying dead covered with a quilt. She un-covered the quilt and found marks of injuries on different parts of her body and suspected that her daughter was murdered and she went to local police station ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularly, in cases of heinous crimes and Court should impose proper punishment befitting the cri......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
.... Ali and Nazrul Islam, Advocates—For the Opposite Party No.1.
Criminal Miscellaneous Case No. 1640 of 1999.
Judgment
Kazi Ebadul Hoque J. - This Rule was issued at the instance of the 2nd party petitioner Shebait Mobanta Sree Kedar Nath Achari calling upon the opposite parties to show ca......o. 96 of 1998 on 4-6-98 on the basis of order of stay passed in Criminal Revision No.783 of 1991 on 29-5-91. Learned Magistrate gave importance on the receipts filed by the second party petitioner of payment of rent, electricity bills, union rate and auction notice without considering that those did...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....laint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the said suit (petitioners) put the decree into e......also the Senior Assistant Judge, Sadar, Comilla for a decree of ejectment of the tenants on the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice up......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
.... possession of the suit land by inheritance. There are houses owned and possessed by the plaintiff. There are 5 houses of Firoz in the suit land. PW 2 in his cross-examination stated that there is no part of the suit land and there are 5 houses therein. PW 3 also corroborated PWs 1 and 2 that there ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the legality of those orders. 5. In R......empted from taxation as they are local authority within the meaning of local authority as contemplated under section 2(28) of the General Clauses Act 1897 Thus they are entitled to get exemption from payment of income tax by virtue the provisions of section 4(3)(iii) of the Act and being aggrieved a......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....rted goods are liable to be confiscated to the State. The appellant replied to that show cause notice on 30-10-2000 stating inter alia, that the supplier who exported the goods, due to mistake on the part of their workers filled up the drum with DOP instead of finishing agent for import of which the......ad of confiscation of the goods according to the provision of section 181(1) of the Customs Act and also imposed a fine of Taka 30,00,000 on the appellant as personal fine and further ordered that on payment of fine and customs duty the goods may be released. Against the order dated 12-12-2000 the a......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......3.5.1997 at 4.35 A.M. lodged FIR with Jagannathpur Police Station alleging that on 22.5.97 at about 8.30 p.m. he had been going to the house of his uncle Abdul Gafur, the victim, for discussion about payment of taxes of the family properties and while he was at a distance of about 150 yards from his...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, ......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
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