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Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....under award ‘under protest’, so his application is maintainable under section 28 of the Ordinance. Secondly the petitioner was entitled under section 14 of the Limitation Act for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the c...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....dvocate appearing for the appellant, submits that the accused appellant duly distributed the rice in question amongst the distressed people of the locality but he could not submit the Master Rolls in time due to the adverse political circumstances prevailing in the country at the relevant time. The ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
.... possession pecuniary resources or property disproportionate to his known sources of income then it (Government) may by order require such person to furnish in prescribed manner and within prescribed time a statement of his property and liabilities and such information relating thereto as may be req......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....to the defendant No.3 and the same date defendant No.3 executed and registered a deed of ‘Ekrarnama’ promising to reconvey the suit land of the plaintiff or his heirs on receipt of Taka 6,000 any time within 30th Chaitra of any year. Pursuant to the transfer, the plaintiff made over possession o......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r and possessor of 0.5 ½ acre of land, that the defendant has been possessing the suit land openly, peacefully and adversely for more than 12 years by mutating his name and paying rent. At about the time of taking pattan by Hazrat Ali, one Anwara Khatun also took pattan of 0.04 ½ acres of land whe......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....osal of a suit between the husband and the wife. Section 3 of the Ordinance mandates that the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. Section 20 of the Ordinance enshrines that the provisions of Evidence Act and t......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....holding the action of the Commissioner of Taxes (Appeal) in construing the receipt of the order by the Authorised representative as the receipt of the Assessee though he received the order after some time. (c) Whether the Taxes Appellate Tribunal Division Bench-I, Dhaka was justified in law in re......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....on the assessee applicant to file a return for the said assessment year, which was not complied with by the assessee applicant and then the DCT issued a notice under section 22(4) of the Act but this time also the assessee did neither respond to the notice nor appeared before the DCT and in spite of......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ngs and also prayed for restoration of vacant possession thereof to the petitioners. 3. The respondent No.1 contested the case but did not file any written statement, but verbally submitted at the time of hearing before the Court of Settlement that the case property is under possession of the Gov......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....e defendants Bank also sanctioned Taka 5 lac but in fact paid only 4 lac in different instalments. The further case of the plaintiff company is that the defendants Bank did not pay the installment in time though Bank sanctioned 5 lac but paid only 4 lac and withheld payment of Taka 1 lac, did not co......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....itled to get the benefit of paying interest at 1% less as per NIP. According to him, this benefit can be enjoyed only by the industries which are located in the less developed areas and al the same time 100% export oriented. Next, he has argued that the office order of BSRS dated 19.9.82 is applic......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....n, According to him, as per stipulation of the agreement dated 5-10-79 the ‘Kabala’ was to be executed and registered within three months from that. The agreement does not appear to have made the time as an essence of the agreement. Moreover, the Courts below have found that the suit is not barr...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....ordinate Judge at Bogra for declaration of title and also for declaring the ex parte decree dated 2-2-86 as null and void. The suit was then re-numbered as Other Suit No. 78 of 1987.
4. In the meantime, the petitioners started Execution Case No.10 of 1986 for possession. Opposite Parties made an ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....l suits cognizable by it and in all proceedings arising out of such Suits: Provided that an applicator for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the de......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....Project Director respondent No.1 as per the above No.8823 dated 13-9-2000 issued letters 2000 to all the above three responsive attend the opening of the price bid on 21-9-2000 at 11-00 AM In the meantime on 18-9-2000 Meeting was held at the office of the Chairman the Board comprising Executive Engi...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....itioner, thereafter, again contested the Parliamentary election as a Member of Parliament and became elected as such from the aforesaid Constituency on 12-6-1996. He was not prevented at the relevant time from participating in the election held in June, 1996 on account of his alleged disqualificatio...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... 3. The learned Advocate Mr. Sk A Awal appearing on behalf of the petitioner submits that the money in question is out and out loan taken from the complainant, There was no specific promise at the time of taking of the loan and there is no allegation of inducement. As such, the allegation does no...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....ear and has not left any manner of doubt. Section 96(3) of the Act states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transfe......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....t not cross-examined. P.W. 16 is a witness to a seizure list. On 6-4-89 accused Majid, and on 17-7-89 accused Farid and Tara confession and P.W. 13 Mizanur Rahman who the Thana Nirbahi Officer at the time and inch of the Upazila Magistrate recorded their confession and proved those confessions. But ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....lication under this rule is not concerned with the determination of the title of the property which is the subject matter of the application. It is only connected with the factum of possession at the time when the applicant is alleged to have been dispossessed by the decree-holder and the nature of ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
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