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Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..

Category: Property Law | Date: | Hits: 55

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

....of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross‑examination is total denial and their, inter alia, case is that the deceased died as a result of taking poison over......t was held: "The murder having taken place while the condemned prisoner was living with his wife in the same house he was under an obligation to explain how his wife had met with her death. In the absence of any explanation coming from his side it seems none other than the husband was responsible...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...

Category: Criminal Law | Date: | Hits: 51

Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...

Category: Criminal Law | Date: | Hits: 55

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...

Category: Criminal Law | Date: | Hits: 62

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

.... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ..

Category: Business or Commercial Law | Date: | Hits: 209

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......stated hereinbefore. 31. Mr. BM Elias on behalf of the appellants submitted that the learned Sessions Judge erred in law in convicting the appellants under section 302 read with section 149 in the absence of any evidence. He further submitted that the Sessions Judge was equally wrong in convictin......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ...... or manage the disputed house. The question of occupying the disputed house by her does not arise because the Government had already declared this property as abandoned property during her temporary absence. Moreover, it is not the case of the contesting respondent No.1 that the petitioner was a na......No.16 of 1972, and the said enlistment is in contravention of the order of the prescribed authority passed under Article 15 of PO 16 of 1972. As such, the petitioner approached this Court in its writ jurisdiction and obtained the present Rule. 3. The respondent No.1, Bangladesh represented by the..

Category: Property Law | Date: | Hits: 75

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ation of the testator's executing the will by putting his thumb impressions due to trembling of his hands as made out in the evidence of some of the P.Ws. it is difficult to rely upon the same in the absence of any such explanation either in the will Ext.2 or in the plaint itself though there is exp......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...

Category: Property Law | Date: | Hits: 78

Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ..

Category: Civil Law | Date: | Hits: 89

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......ue of ad‑interim injunction. On 15.2.1993 defendant No.8 KM Sarwar Hossain filed an application under Order 7 rule 11 (d) for rejection of the plaint on the ground that the Court had no territorial jurisdiction to entertain the suit, of which the cause of action arose in the head office of the sam..

Category: Civil Law | Date: | Hits: 104

Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)

....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..

Category: Property Law | Date: | Hits: 57

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

.... a suit for realisation of money on account of damages, compensation and mesne profits. In paragraph 16 of the plaint it is asserted by the plaintiff that out of 65 rooms of the two storied buildings total monthly rent will come to Tk. 20,000.00 per month. For compensation and mesne profits it will ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....he earlier judgment on the point of limitation to deposit the compensation which has resulted in the decision that the deposit has been made 'within a period of one year'. The High Court Division was totally confused as to the applicability of the law during the relevant time and this might be due t...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......acquisition under the proviso to sub-section (3) of Section 4. In view of this admitted position of the case, the final decision regarding acquisition made by the Deputy Commissioner was also without jurisdiction. 16. Section 15 is a mandatory provision of law to be complied with by the requiring..

Category: Property Law | Date: | Hits: 93

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....ount of Tk.5,07,520/-was also deposited in the said account from the fund of the Pourashava and that through different cheques the appellant during the period from 04.12.1984 to 08.02.1986 withdrew a total sum of Tk. 10,99,700/- and without spending the money for the development of the Pourashava he......tted and thereafter the case was sent back to the learned Divisional Special Judge, Chittagong. 4. The appellant being enlarged on bail subsequently absconded and as such the case was tried in his absence. The case being tried by the learned Divisional Special Judge, Chittagong the appellant was ......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ..

Category: Criminal Law | Date: | Hits: 89

Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....ion summarily vide Civil Order No.3389 of 2008. Hence this leave petition. 4. Mr. S. N. Goswami, the learned Advocate, appearing for the petitioner, submits that the impugned judgment are based on total misconception of law and contrary to the evidence brought on record and the learned Single Jud......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417...

Category: Property Law | Date: | Hits: 61

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

.... them were British and one of them was a Malaysian citizen and they were shareholders of M/S. Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26.06.1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the said company; 19,240 shares being held by Bangladesh Shilpa Rin Sang......s shares under P.O.No.16 of 1972 and its further vesting and placing under the respondent corporation under P.O.No.27 of 1972 were done without application of mind and without considering whether the absence of the shareholders from Bangladesh was prejudicial to the interest of Bangladesh. The High ......s not immune from challenge. Refuting the appellant's contention that the writ petitioner appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division found that upto 30.12.1970 the writ petitioner appellants were ..

Category: Business or Commercial Law | Date: | Hits: 195

Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)

.... Sundari and mother Shusila Bala; then Chaittanna Das and others transferred .11 acres of land from Plot No.980, .12 acres of land from Plot No.983 and also other lands from other plots, measuring in total .91 acres, to Jayeda Khatun by a registered kabala dated 15.1.75; Jayeda Khatun possessed the ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..

Category: Property Law | Date: | Hits: 57

Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)

.... the auction notice published as per order dated 10.1.2007, auction was held on 4.2.2007 wherein it was found that the respondent No.1 offered Tk.18,21,000/- as the price for .68 acres of land out of total 1.62 ¾ acres of land mentioned in the auction notice while the respondent No.4 the other tend......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..

Category: Civil Law | Date: | Hits: 89

National Bank Limited Vs. New Sonali Garments (Pri­vate) Ltd. & Others, 1993, 22 CLC (HCD)

....ourt. An appeal is provided for against the rejection of an application under Order 9, rule 13 to the High Court Division only on depositing half of the balance of the decretal amount i.e. 1/4 of the total decretal amount. Section 8 of the Adalat Act provides as under: “৮। ঋণের কà......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......laintiff) as enumerated in section 2(ক). In other words, in such a suit (1) the plaintiff must be a financial institution and (2) the suit must be for recovery of debt dues. Artha Rin Adalat has no jurisdiction to take cognizance of any cause of action other than debt dues in a suit instituted by ..

Category: Civil Law | Date: | Hits: 96