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Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. .......216 of 1975 and that the petitioners' names have thereafter been mutated as transferees through Mutation Case No.1038 of 1995‑96. Further, a building having already been constructed on the land in question, the petitioners now fear and apprehend a possible demolition of that construction as a pro......of the occupied lands to the respondents. It is in this context that the impugned notice was issued, the respondent No.1 stating that the notice reflects the mere initiation of a process to ascertain facts and questions of title and is a direction to show cause and is by no means to be treated as a ..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... 2, loan application vide its better statement accepted by Court and having adduced evidence in support of such case, the Court below erred in law in failing to consider such evidences and decide the question before passing judgment against the appellant. He also argued that the Court below erred in......e of section 9(1)(i) of the Act. 5. Mr. Shamim Khaled Ahmed, the learned Advocate appearing for the respondent No.1, submits that although the word 'debtor' has not been defined by the Act but the facts remain that the Guarantor is equally liable for the debt and, in view of section 9(1)(i), the ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......56 Motijheel C/A Dhaka for import of 40 Metric Tons of Iron and Steel Rerollable Scraps from UK under HS Code No.7204.49.10 as per Import policy order as applicable at the relevant time. The goods in question were properly inspected by a Preshipment Inspection Agency who issued Clean Report of Findi......Advocate for the petitioner as well as the learned Deputy Attorney‑General as have been noted hereinabove, it appears to us that the only question to be decided in this Rule is as to whether in the facts and circumstances of the instant case respondent No.1 was justified in refusing to assess and ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51....... a new story by taking a stand foreign to the original written statement. Mr. Deb also submits that the amendment of the written statement could not be allowed for the purpose of determining the real question of controversy between the parties by introducing a completely new and alternative case fro......boundary wall which has been in existence since over a century. In the application for amendment of the written statement the defendant No.4 sought to amend paragraph No.16 (cha) by including certain facts which are completely new having no connection or relevance with the statements made in the ori..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......25‑11‑1989 in his rented house in presence of her father orally gifted her the suit property. The deceased original defendant in his written statement denied alleged gift. In that context now the question is, whether the original defendant orally gifted the suit property to the appellant and she......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......l have to file a pre‑emption application within a specific period of time. By not doing so the pre-emptee, Idris Mia, had simply waived his right to pre‑empt the case land." Now, the pertinent question is, whether the case land which comprised a tank was to be treated as non‑agricultural la......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......t of Gulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti ..Category: Criminal Law | Date: | Hits: 96
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......affiliation of the school and from dissolving the school managing committee before the expiry of the term on 30‑12‑2002 and stopping the salary and other benefits to plaintiff No.3.
6. Similar question as is involved in the instant case came up for consideration before Division Bench of this ......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......in Artha Rin Suit No.7 of 2008, now pending before the Artha Rin Adalat, 1st Court, Chittagong. It was contended that the presiding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... of consideration of money is also a material fact and as already been discussed, no reliable witness supported the payment of consideration money. But the trial court did not at all discuss this question of payment of consideration and the appellate Court, without discussing the evidence at all......ntiffs and the defendant, and had arrived at the conclusion that "the impugned judgment and order suffer from misconception and mis-appreciation of law, inasmuch as, the plaint does not contain the facts regarding offer, acceptance, time and place of the baina and also the names of witnesses as re..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......aintiff filed the above mentioned civil revision and the revisional court set aside the judgment and decree of the appellate court and restored those of the trial court making observations that the question of limitation being not raised specifically in pleadings and in deposition, the questio...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......also stated the same. The accused persons on dock repeated their innocence and declined to adduce evidence. 6. The learned Judge of the Tribunal on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced twelve accused persons and acquitted the..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... a single judgment of the High Court Division, they were heard together and are disposed of by this single order, which will govern both the criminal petitions for leave to appeal. 3. The relevant facts of the case are as follows: The informant Nurul Amin lodged a First Information Report (FI..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......d order dated 2nd February, 2009 of a Division Bench of the High Court Division in Criminal Appeal No.588 of 1989 at the instance of convict Pulin Mohajan. 2. The appeal arose out of the following facts: Khiroda Bala Mahajan, mother of the appellant was said to have been assassinated on 17th Augu..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......cial mind in to the material evidence on record in reaching his conclusions. We get support of this view in the case of Abdul Malek Miah Vs. Maya Debi and others, reported in 1984 BCR (AD) 42. In the facts and circumstances of the case and the law bearing on the subject the impugned judgment is not ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......yers Involved: Md. Marfat Ali, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 1593 of 1991 Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and decree dated 1-9-90 passed by the learned Subordinate Judge, Dinajpur in O......by the learned Senior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff insti..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ...... (Here it may be noted that sections 9-13 lay down when deductions can be made, the extent of such deductions and the procedure to be followed by the employers to deduct money from wages). 21. The question that arises now non-payment of the gratuity by the employer considered as delay in payment ......dents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangladesh Limited, is a priv..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......rshed Alam Khan, learned Advocate appearing for all the appellants, submits that the confessional statements cannot be taken into consideration as those are not voluntary a draws our attention to the questions which were put each of the accused by the Magistrate before recording their confessional s...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......he Registrar can pass an award in respect of immoveable property which will have the effect of a final mortgage decree of the civil Court. Under section 89 of the Ordinance in case of any complicated question of law and fact involved in the dispute, Registrar may stay the proceedings of the dispute ......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
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