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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....her of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of Court. She is a leading personality in the news media and she does......ld of judiciary. His contribution is recognised by all and as a result of that within a very short time after his retirement he was appointed as a member of the Law Reforms Commission (hereinafter called "the Commission"). He retired on 4-4-96 from the High Court Division and joined as a member ......er investigation. The need for well trained full time magistrates/criminal judges, for eliminating/reforming cognizance phase when accused in custody languish in overcrowded jail for years without trial, and other reforms in the criminal justice system need to be studied under a comprehensive ......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....y No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an election petition before the above Election Tribunal on various grounds of illegal and corrupt practices. He also prayed for recount of the votes. In the election, five candidates including the revision-petition......o heard the learned Counsels at length. 12. I find, under section 29 of the Local Government (Union Parishad) Ordinance 1983, the decision of the District Judge in appeal is final and shall not be called in question in or before any Court. In view of such provision, the jurisdiction under section......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......0. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... contractor for making the application. The work under the contract having not commenced, there was no scope for invoking the arbitration clause 50 of the contract. Under the contract, there might be some change in the design and the contractor was obliged to do the work. He also informed his readin......pugned order is hereby set aside. The application of the opposite party made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
.... entitled to answer the appeal’ under rule 12 (2) of Order 41 of the Code, the acceptance by the appellate Court below of the written statement does not call for any interference. Alternately, he also submits that if there was any illegality in accepting the written statement, then, the written st......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......l with a verified application for acceptance of the same contending, mainly that they did not receive any summons of the suit and, as such, they could not appear and file the written statement in the trial Court. The petitioner opposed the said prayer by filing a written objection contending, inter ......ly as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
....ood as cash money and in support of his submission Moulavi Md Wahidullah placed reliance in the case of Uttara Bank vs Macneil Kilburn Ltd and Ors, reported in 1981 BLD (AD) 230=33 DLR (AD) 298 and also in the case of Triveni Engineering Works Ltd and others vs Belganga Sahakari Sakhar Karkhana Ltd.......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
...... No. 83 of 1999.
Judgment
Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furnishing Bank-guarantee before the trial Court.
2. Heard the learned Advocate for the appellants-petitioners and perused the petitio...... case is also Reported in: 52 DLR (HCD) (2000) 4.
..
Category: Banking Law | Date: | Hits: 108
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....mited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Dep......is of the price along with the cost analysis submitted on 15-4-1998 raised objection in respect the price of Flyban by their letter Ref. Nathi No.4A(1)22/Mosquito Coil/Mushak/93/94 dated 5-5-1998 and called upon the petitioner to appear for hearing on 13-5-1998 in support of the basis of price decla......arned Advocate appearing for the petitioner submits that rule 3 of the Value Added Tax Rules, 1991 (VAT) has provided the procedure as to the filing of declaration of price of the products of an Industrial concern manufacturer registered under the VAT Act 1991. As per the provision of section 5 of t...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ..Category: Fiscal/Taxation Law | Date: | Hits: 91
....ngladesh Vs. Jaheruddin and 1 BLC 105 Government of Bangladesh Vs. Amir Hossain Munshi and others and submits that the Government does not enjoy any special privilege but in appropriate circumstances some consideration may be extended to the Government appearing as a litigant before the Court.
3.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......d laches on the part of the inefficient Government officials do not come within the purview of sufficient explanation for condonation of delay. Moreover, a primary school teacher to the decree in the trial Court for absorbing him in the service as a primary teacher after rendering service for a few ...... also Reported in: 53 DLR (2001) 365...
Category: Procedural Law | Date: | Hits: 88
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....1980 2. The plaintiffs-respondents parties No.1-3 M/S MF Limited a private company, having its registered office at 38, Dhanmondi Residential Area, Road No.2, Police Station Dhanmondi, Dhaka and also having a branch office at Khan Lodge, Daulatpur, Khulna. The company is represented by its Managi......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......r Rule 17(4) from the time when the Check posts, were under the direct control and management of Khulna Pourashava but the learned Trial Court did not consider this aspect of the case. 16. Learned trial Court also did not approach the case from the correct stand point and failed to take into acco......eported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....istant Sessions Judge, First Court, Joypurhat, in Sessions Case No.62 of 2002, in convicting the petitioner and another under Section 394 of the Penal Code and sentencing them to suffer rigorous imprisonment for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suf......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... he lodged the FIR. After investigation, the police submitted charge-sheet against the petitioner and another. The petitionÂer obtained bail and thereafter abscondÂed throughout the whole period of trial. The Assistant Sessions Judge, after trial, convicted the petitioner and another as mentioned ......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 168 of 2009. (From the Judgment and order dated 06.01.2009 passed by the High Court Division in Criminal Appeal No.2126 of 2006) ..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
.... Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Dinajpur convicting the petiÂtioner under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and sentencing him to suffer rigorÂous imprisonment for 5(five) years with a fine of Tk.5,000/- in default to suffer rigorous imprisonment for 3......r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......vision of law. 4. The defence case is that the accused-petitioner is innocent and he has been falsely implicated in the case. No occurÂrence took place as alleged by the informant. At the time of trial prosecuÂtion examined 9 witnesses and they have been cross-examined by the defence but the de......an, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court Division in Criminal Miscellaneous Case No.7370o..Category: Criminal Law | Date: | Hits: 56
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....ahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 24.08.2009 passed by the High Court Division in making the Rule absolute issued in Writ Petition No.6981 of 2007. 2. The respondent No.1 hereof filed the leave pet...... application before the conÂcerned authority for issuance of Trade Organization License which is pendÂing before the licensing authority and on the application filed by Respondent No.7 a report was called for from the Deputy Commissioner, Sunamganj by the Senior Assistant Secretary of the concerne......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......on (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Haji Nurul Islam…………………….........Petitioner Vs. Maina Miah and others……………......Respondents Judgment January 13, 2010. Lawyers Involved: ..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... 132.50 acres from old plot No.246. Kefatullah constructed house in the land of plot No.247 and his name was correctly recorded in S.A. and R.S. Khatian. Thereafter Kefatullah died leavÂing behind 3 sons with plaintiff and daughter Joymon and one grandson. The plaintiff had been servicing in Natore......eiving 22 decimals of land from Mirpur mauja. Thereafter before executing partition deed or exchange deed the 3rd party dispossessed Ramjan Ali from 6½ decimals of land in plot No.246. So Ramjan Ali called Abu Daud to file suit regarding 6½ decimals of land and plainÂtiff Abu Daud and Ramjan Ali ......of 2001 against the petitioners as defendants before the learned Senior Assistant Judge, 1st Court, Gazipur praying for decree of permanent injunction. The defendant-petiÂtioners appeared before the trial court and contested the suit by filing written stateÂment. 3. The plaintiff’s case, in b......d in: VII ADC (2010) 608. ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....as rentless Karsha Service tenants under Houla landlord Osman Kha and others. Rajkumar Dhupi died unmarried leaving two brothers Kalidas Dhupi and Gurudas Dhupi. Thereafter, Gurudas died leaving only son Prasanna Kumar Dhupi, on whose death, the plaintiff respondent Nos. 1 and 2 became his successor......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......pon preferred Title Appeal No.95 of 2002 which was heard by the learned Joint District Judge, 1st Court, Borguna who by judgment and order dated 10th July, 2003 reversed the judgment and order of the trial Court and decreed the suit. The petiÂtioners thereupon moved the High Court Division in Civil......so Reported in: VII ADC (2010) 605...Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....ant Nos.1 and 2 purchased the suit land from the heirs of the aforesaid Motaher Ali in favour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the suit land through their father and guardian Shajahan. At one stage that ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......1 was preÂferred by the opposite party No. 2 only and the learned appellate court allowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court. 3. The case of the plaintiff petitioner, in short, is that the suit land measuring a......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyers Involved: Asad H..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....the People’s Republic of Bangladesh is directed against the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of obser......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......d order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, in sho......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....District Judge, 1st Court, Bogra in Partition Appeal No. 277 of 1995 by which judgment the learned Additional District Judge affirmed with modification of those of the Courts below. 2. The predecessor of the petitioners instiÂtuted the suit for partition claiming a saham of 1.50 acres of land. T......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593....... 40 days from the date of the judgment. 4. On appeal by the defendants No.1-3, the Court of appeal below by judgment and order dated 29th March, 2003 dismissed the appeal and affirmed those of the trial Court. Being aggrieved by the aforesaid judgment and decree, the respondents No.1-3 preÂferre......Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Alekjan Bewa and others……………………....Petitioners Vs. Arefa Bewa and others………………â..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....l at the instance of the defendant is directed against the judgment and order dated 26th January, 2009 of a Single Bench of the High Court Division in Civil Revision No.2707 of 2000 making the rule absolute by setting aside those dated 24th April. 2000 of the Subordinate Judge, 2nd Court, Shariatpur......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......e said appeal by judgment and order dated 24th April, 2000 reversed those of the learned Assistant Judge and dismissed the suit. The Court of appeal below while interÂfering with the judgment of the trial Court stressed upon the point of limitation observÂing that the plaintiffs failed to prove th......Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Joynal Abedin………………………………….Petitioner Vs. Ali Azam Saibal and others………………Respondents Judgment January 7, 2010. Lawyers Involved: Zai..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... leave to appeal at the instance of the plaintiff is against the judgment and order dated 12 May, 2008 of a Single Bench of the High Court Division in Civil Revision No.1974 of 2003 making the rule absolute. 2. Petitioner instituted Title Suit No.80 of 1988 in the Court of Senior Assistant Judge,...... is condoned. Preparation of the paper book is disÂpensed with as prayed for. The petitioner is permitted to add addiÂtional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......2003. A Single Bench of the High Court Division by judgment and order dated 12 May, 2008 made the rule absolute, set aside the judgment and order of the court of appeal below and restored that of the trial court. The learned Single Judge observed that there was no legal bar for filing the suit by th......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez..Category: Limitation Law | Date: | Hits: 149
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
....e suit pond. We find no merit in the contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......th January, 1997 dismissed the suit. On appeal by the plaintiff from the aforesaid judgment and decree, the Court of appeal below by judgÂment and order dated 6th October, 1999 affirmed those of the trial Court in Title Appeal No.46 of 1997. The plaintiff thereupon moved a revision petition being C......r Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Single Bench of the High Court Division in Civil Revision No.1..Category: Property Law | Date: | Hits: 26
....scribed in schedule-'Kha' in lot Nos.3 and 4 and that the lot Nos.1 and 2 of 'Kha' schedule land are same land of lot Nos.1 and 2 of 'Ka' schedule land to the plaint; that Thakur Das died leaving two sons Rasaraj and Basanta and Basanta died leaving only daughter Matangini who gave birth a son and M......o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......ubmitted that the plaintiffs having succeeded in proving that Kanai Chandra Das is the legitimate son of Krishna Chandra Das by oral and documentary evidence and on the basis of the said evidence the trial Court decreed the suit but the Court of Appeal below on misreading the eviÂdences and miscons......f the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
..
Category: Property Law | Date: | Hits: 58
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