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Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... 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....... the account with Al-Arafah Islami Bank Ltd. is not maintained by the accused-petitioner as contemplated by section 138(1) of the Negotiable Instruments Act, the complainant cannot proceed with the case pending in the Court below and that being so, the proceedings of the case are liable to be quas..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......are huge number of officers in Biman who have completed more than 25 years of service and have an inferior service record from the petitioner but they have been retained in service which is a clear case of "Pick and Choose" and "Double Standard". The order of retirement of the petitioner has con..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......lawful authority and is of no effect and why they should not be directed to re-adjust the said amount of Taka 10,90,585 in the VAT Register of the petitioner company. 2. Briefly the facts of the case are that, the petitioner is a private limited company incorporated under the Companies Act, 191..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....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.......nd order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka‑49 Mohammadpur Block ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of I..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....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. ......under sections 302/34 of the Penal Code. Under the order of the learned Chief Justice the matter has, therefore, been referred to me for disposal. 2. The main question which is involved in this case is whether the appellants Mosharraf Hossain and Mainuddin shared the common intention of the co..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....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....... under sub‑section (1) or sub‑section (3) shall be filed within 60 days of the date on which the order sought to be appealed against is communicated to the assesses or to the Commissioner, as the case may be. Proviso to sub‑section (4) authorises Appellate Tribunal to admit a time‑barred app..Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......e is illegal and void. In order to prove the tenancy the plaintiffs examined 5 witnesses. Their evidence were considered by the trial Court which found that the plaintiffs have been able to prove the case that the defendant was their tenant. In this connection, Mr. BR Talukdar has referred to Ext. 4..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....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.......to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have shown cause by filing an affidavit-in‑opposition. 3. The short case of the petitioner is, that the petitioner Abdul Khaleque migrated to the then East Pakistan on ..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....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.......ourt, Dhaka in Title Suit No.295 0f 1995 rejecting the plaint should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The plaint case in short is that the plaintiff instituted the Title suit No.295 0f 1995 in the Court of Assista..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....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. ......4(2) and 5(1) of the said Act. Accused petitioner then moved this Court by filing the present application under section 561A of the Code of Criminal Procedure for quashing the proceedings of the said case on the ground that an FIR lodged under section 4(1) and section 5(1) of Anti-Corruption Act, 19..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....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. ......llaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issu..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....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. ......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)
.... 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.......302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) months more. 2. The prosecution case, in short, is that on the previous night of 18-6-1994 the P.W.1 Jharu Miah, the informant fell ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ouza Shahar Dhaka, PS Kotwali, District Dhaka described in schedule-'Kha' to that plaint. In that suit the present defendant-respondent Nos.2-7 and some others were made defendants. The plaintiff’s case in that suit was that they were the owners in possession of the scheduled land and that they tr..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....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.......d of service 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-Genera..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....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.......ter payment of legal dues to the House Building Finance Corporation. High Court Division also directed the defendant- respondents to quit the suit house within three months. In this background of the case, the defendant-respondents filed Civil Appeal No.68 of 1989 before the Appellate Division which..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....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. ......ncluding himself as P.W.1. Defendant-appellant on the other hand examined only herself as D.W.1. The trial Court decreed the suit on the finding that the plaintiff-respondent succeeded in proving his case for specific performance of contract. 6. Mr. Bhabesh Chandra Ghosh, learned Advocate appeari..Category: Civil Law | Date: | Hits: 148
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......erritory because the property does not belong to him. Even in the face of such circular the deity’s property cannot be sold out in favour of respondent No.4 by the respondent Nos. 1-3. In a similar case reported in 22 DLR 245 in the case of Shuk Deb & another Vs. Province of East Pakistan &..
Category: Property Law | Date: | Hits: 85
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......rected against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the As..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....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. ...... Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect of the property of schedule ‘A’ to the plaint. 2. The case of the plaintiff, in short, is that, the property of schedule ‘A’ to the plaint measuring 0..Category: Property Law | Date: | Hits: 109
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