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Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......roceeding for pre-emption. And a co-sharer means a person whose interest subsists throughout the course of the proceedings for pre-emption and not a person who had such interest in the holding at the time of making the application but lost it before disposal of the case. A fresh interest acquired at......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Haque Sarker………………………………..Petitioner Vs. Janata Bank and others………………………….Opposite Parties. Judgment July 30, 2006. ...... was at argument stage. The learned Joint District Judge asked staff to inform the matter to the parties concerned and also fixed the case on 28-11-2004 for hearing argument. The plaintiff prayed for time on 24-11-2004 and the Court allowed the same fixing 28-11-2004 for hearing argument. The plaint......-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....r Begum, 51 DLR (AD) 172); Mst Sughre Begum Vs. Muhammad, PLD 1950 WP (Lahore) 441; Moosa Secthy Vs. Mariakutty, (1954) Trav Co 690; Muhammad Nawas Vs. Mst Khurshid Begum, PLD 1972 (SC) 302; Jamila Khatnn Vs. Rustum Ali, 48 DLR (AD) 110. Lawyers Involved: Not represented—the Petitioner. ......of the Ordinance of 1985 which is as follows: "3. Ordinance to override other laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force." 35. In view of legal position mentioned above, it is clear that a Muslim is......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....nce if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......g that on 23-4-1998 during 8-00 to 10-15 PM a dinner party was going on in the upstairs of the house No. NEJ-4, Road No. 83, Gulshan, Dhaka (shortly referred to as place of occurrence house). At that time the youngest daughter of the PO house Shajneen Tasnim Rahman alias Shazneen alias Choto Baby (s......fur Rahman. He came to know from a newspaper report about the murder of deceased Shajneen, and went to the PO House on 24-4-1998. Subsequently on 275-1998 he heard that police had brought Humayun for recovery of a 'Batali' used in the murder of deceased Shajneen. So he went to the PO House and he an...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ffect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......3, Raikot Union Parishad. The petitioner is the permanent resident of that Union. Mr. Monowar Hossain was acting as the Nikah Registrar for the said Union along with five other unions at the relevant time. The application for appointment was recommended by the respectable persons of the locality and......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......dden which was detected in London. Further, in the second consignment in the same way another 14 Kg heroin was exported in beauty shop and tissue paper cartons which was detected in London and, after recovery, the British High Commission requested the Government of Bangladesh to inquire into these m......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....s at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......anation about their implication. 5. The defence case, as it transpired from the trend of cross-examination of the prosecution witnesses, as well as the explanation offered by the appellants at the time of their examination under section 342 of the Code of Criminal Procedure, is that of innocence ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
.... observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......g that it has accepted the fake documents of shipment. 9. Further, fourth defendant Yulim Shipping Co Ltd through its agent in Bangladesh informed Gemini that the seller became bankrupt by the time and all the staffs of the seller left without settling the freight of the cargoes. First......y any admissible evidence. 85. Lastly, he submitted that fourth defendant Yulim Shipping Lines having proved that the beneficiary, seller had already gone bankrupt, there would be no chance of recovery of any money if Gemini or Southern was made to pay and that would lead them to 'irretrievab......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....overnment of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: Dr. M Zahir with Md. Mizanul Hoq Chowdhury, Advocates-For the Petitioner. M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition ......harge is subject to "until further orders" and that the writ petitioner by holding "current charge" has not acquired any vested right for the post and can be reverted back to the original post at any time by the authority and for such reversion he cannot rush to the Court of law and the Court will n...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....bstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......arding these documents, it appears that the Court of Appeal below failed to decide whether the defendant No.25, Syed Mazar Ali had got any right, title and interest in the suit land at the relevant time, in the absence of such right, title, he had no authority to issue any 'Muktipatra' in favour o......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....r or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......n the R.S. record-4 annas and 7 pai land as 1/3 of 16 annas was recorded in the name of the grandfather of the plaintiff and the rest was recorded in the name of Mosharaff Ali and others. During that time the grandfather of the plaintiffs possessed the suit land and their names were in the R.S. reco......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
....ts.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank & ors, 45 DLR 8; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railway), Dhaka & another, 2001 BLD (AD)...... provisions of Article 45. Article 44(1) enables the Bangladesh Bank to direct any banking company to submit to it such statements relating to such credit information and in such form and within such time as may be specified by the Bank. Under Article 44(2) the respondent No. 3 National Bank Limited...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....ion Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......bmitting an affidavit-in-opposition denying the allegation made in the reference application and supporting the order of the Appellate Tribunal. 5. It appears from the assessment order that at the time of assessment, the applicant assessee claimed that he is a director of the Sonear Laboratories ...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapashi Bhattacharjee Vs. Bangladesh & others, 2004 BLD 365 = 9 BLC 613; Mahmudul Haque (Md.) Vs. Md. Heda...... The fish caught by the vessel was sold by the Marine Fisheries Office amounting to Taka 18,500. The captain did not follow the International Oceanic Rules and failed to show any danger signal at the time of distress and, as such, the order of forfeiture and conviction has been passed with lawful au......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....l Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......gh the charge and also the first information report, we find that the allegation of defalcation brought against the accused appellants involving an amount of Taka 92,85,000 in total is committed from time to time on different dates extending over a period for almost one year 4 months (25-3-85 to 23-......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....es. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... The present petitioner also obtained permission for establishment of a sawmill in 1996 under Sylhet Forest Transit Rules and subsequently the permission was renewed up to 30th June, 1999. In the meantime, the Saw-Mills (Licence) Rules, 1998 were framed by the Government. Hence the permission given ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....ourt High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Cas......regard for installation of the factory nor disclosed the actual date of commencement of commercial production. The petitioner failed to submit application before the NBR within 180 days as stipulated time limit for praying for tax holiday. Since the petitioner’s submitted application after the exp...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Opposite Party Nos. 1 ......(c) he was a witness and he saw Ishaque Ali paid money to Rebuti Ranjan in his presence. But, in cross, he said that he was a moharar of Advocate Aftab Miah, Ismail Miah and Bimal Krishna Sen. At the time of deposition he gave up the work. He went to Barishal for his own works, nobody took him to Ba...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....sioner of India Vs. Shivaji 1984 Supreme Court Cases 277; Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs, 5 BLC (AD) 176. Lawyers Involved: Md. Khurshed A lam Khan, Advocate—For the Petitioner. No one appears—For the Respondents. Writ Petition No. 3013 of 2004......The petitioner also filed an application before respondent No. 5 but no action was taken. Finding no other efficacious remedy, the petitioner moved this Court and obtained the Rule Nisi. 3. At the time of issuance of the Rule, the petitioner, however, obtained interim order staying holding of the...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
....adesh, represented by the Secretary, Ministry of Works and others.................... Respondents.
Judgment
June 21, 2004.
Cases Referred to-
Messrs Kasturi Lal Lakshmi Reddy, etc. Vs. State of Jammu & Kashmir and another, AIR 1980 SC 1992, M Saleem Ullah, Advocate and others Vs. Ba......ul authority. He submitted that there is no exemption accorded to the government and it is also bound by the provisions of section 3 of the Building Construction Act, 1952. He pointed out that at the time of enacting that statute there was an exemption in the case of buildings owned by the governmen...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
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