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Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......o me as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by ..

Category: Criminal Law | Date: | Hits: 84

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

....ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......t on 30-08-2008, inside the conjugal home defendant killed his wife i.e. mother of children. Afterwards defendant married second wife (Jahanara Parvin Lucky). Both of them are accused in wife killing case and children are the witnesses. In such situation, considering the welfare of children the tria..

Category: Family Law | Date: | Hits: 171

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ...... 1991, which decreed the suit. Respondent Nos. I to 6 as plaintiffs on 20‑6-­91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21. 2. Plaint case, in short, is that plaintiff No. 1 was a limited company of which the plaintiff No. 2 the manag..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed to show cause as to why the aforesaid order should not be set aside. 2. The plaintiff-petitioners case is that, they instituted Title Suit No. 46 of 2000 in the Court of Assistant Judge, Sonagazi ag..

Category: Civil Law | Date: | Hits: 75

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... tax collection in 1912. In Bangladesh the sales tax has been replaced by VAT Act, 1991. 8. Explaining further, he has submitted that a tax levied by law takes one of the two forms: direct tax, in case of which the burden falls upon person who pays the tax, and indirect tax, example of which are ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......ladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, are: Ruhini Kanta Lahiri Chowdhury was the owner of the case properties. He filed Other Class Suit No. 319 of 1979 renumbered, as OC Suit No. 227 of 1981 in..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... awarded. It did not even raise objection to the quantum of compensation. In the circumstances, the instant suit cannot be barred under the section. 22. Next, in the facts and circumstances of the case, we find the observations of the learned Joint District Judge that the plaintiff has got no cau..

Category: Property Law | Date: | Hits: 61

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ot send his son abroad and denied the transaction between them as per agreement dated 13‑3‑1997. The photo copy of the said agreement dated 13‑3‑1997 was filed by the petitioner No. 1 in that case to support his case. During pendency of the said CR Case, the opposite party No. 1 on 21‑11â€..

Category: Criminal Law | Date: | Hits: 94

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154....... since any claim became barred under section 46 of the Ain and also for a perpetual injunction for restraining the defendants from showing the plaintiffs defaulter in anyway or anywhere. 3. Plaint case, in short, is that under the schedule accounts said IFIC Bank advanced about Taka 55,00,00,000 ..

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......f a company. The jurisdiction of the Court is no doubt of summary nature but unlimited for the sole purpose of rectification of the register. The jurisdiction is of general nature and not confined to cases where there has been error, mistake or default on the part of the company and only limited by ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......on 139 of the Co-operative Societies Ordinance, 1984. The amount was allegedly, misappropriated during the period in which these Rules were applicable and therefore these Rules are applicable in this case. Admittedly, the petitioner had withdrawn the said amount as Chief Executive of the bank in exe..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......o.5 of 1998 impleading the present petitioners as pre-emptees and opposite party Nos.8‑24 as other opposite parties in the 2nd Court of the Subordinate Judge, Noakhali claiming pre‑emption of the case land alleging, inter alia, that the pre‑emptors are co-sharers, in the case holding by purcha..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ...... petitioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of t..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....so that they can elect their own representatives to their national Parliament. But if the election is not free and fair, they will obviously be deprived of their such basic right. This will go to the root of the entire democratic process brought about bit by bit, by the struggles of millions of peop......nd why the respondents should not be directed to refund to the petitioner No.4 the amount that they have already deducted/taken since March 2003, on account of hypothetical net pension. Facts: The case of the petitioners: 2. It is stated in the petition that Mr. MA Sayeed, the petitioner No.1 ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ...... Ali Police Station alleging that the petitioner was taking electricity illegally from transformer by a by‑pass line and by‑passing the switch and, as such, ultimately the respondent No.5 filed a case No. C 249 of 1994 before the court of Magistrate of Power Development Board, Khulna Zone, Khuln..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......he defendant No.30 for order of substitution of the heirs of defendant No.3 and accepting the additional written statement of the defendant No.30 dated 17‑6‑2001. 2. The plaintiff-petitioners' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the fi..

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......, on completion of investigation, submitted charge sheet under section 19(f) of the Arms Act against the accused appellant. 4. The accused appellant filed an application for his discharge from the case but the learned Tribunal rejected the same without considering the facts and circumstances of t..

Category: Criminal Law | Date: | Hits: 78

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ...... by respon­dent No.3 (Annexure-H) in terms of the ad-interim order passed in Civil Petition for Leave to Appeal No.1587 of 2002. 8. He submits that the said ad-interim order is only applicable in case of Gameon Ltd. who is the respondent in the said leave petition and hence there is no scope to ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... is seriously flawed. 13. Besides, Giasuddin died a bachelor. Defendant No. 1 is step‑sister of defendant Nos. 2 to 5. Defendant Nos. 2 to 5 already compromised with the plaintiffs admitting the case of the plaintiffs and jointly filed a 'Solenama' in Court. By order dated 3‑2‑93 the Court ..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in short, is that one Paban Mondal was the original owner in possession of the suit land. With..

Category: Property Law | Date: | Hits: 64