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Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......in law in re-admitting the appeal without serving any copy of the application upon the petitioner’s Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause fr..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., the finding of the AJCT that notice under section 34 of the Act was issued prematurely and the same was not lawful because the proceedings initiated under section 22(2) were afoot, were found to be erroneous and not in accordance with law because the validity of the notice served under section 22(...... 6-12-83 and the income of the applicant escaped assessment for that assessment year. 9. On a perusal of the judgment of the appellate Joint Commissioner of Taxes it appears that the AJCT took the view that with the issuance of the notice under section 22 on 12-3-82 the proceeding was initiated b..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-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.......was summarily rejected by this Division whereupon the Government filed Special leave to Appeal before the Appellate Division and that was also summarily rejected by the Appellate Division and in that view of the matter the Writ Petition No.464 of 1994 is misconceived and not maintainable in law. In ..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....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. ...... proper issue on this point the allegation of the defendants in that suit was rejected and that suit was decreed and as such the subsequent suit is hit by section 11 of the Code of Civil Procedure in view of the findings already given in Artha Rin Adalat Case No.1 of 1991 which was decreed as early ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....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. ......Taka against US dollar over the period disbursement. The foreign currency loan was given from Saudi Grant-II. The loan agreement was ultimately executed between the plaintiff and BSRS on 6.2.83. In view of clause V of Article 1 of the Loan Agreement, it was settled that plaintiff shall pay interes..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......, to consider whether the High Court Division was authorized to entertain the application of the respondent filed under section 498 of the Code of Criminal Procedure praying for anticipatory bail, in view of the bar in granting bail under Rule 19(Gha) of the Emergency Power Rules, 2007 and to consid..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......ncluding rights or in respect of any action taken in relation to him as a person in the service of the Republic. This law came into force on 1.2.82 and Administrative Tribunal was set up. Thus in view of Bangladesh Railway Board (repeal) Ordinance, 1983 the respondent No. 2 became an employe..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... 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. ......nt dated 5-10-79 Exhibit No. 3 as genuine but it held that the deed of sale dated 3-2-59 exhibit 1 is forged and, as such, Sharijan Nessa could not acquire more than one-fourth of the land. Upon such view, the trial Court decreed the suit for one-fourth of the land only. 10. On appeal therefrom, ..Category: Property Law | Date: | Hits: 91
.... 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.......sively and finally.
7. Mr. Md. Mansur Habib, learned Advocate appearing for the opposite party, first read out the provisions of Order 21 rule 29 of the Code of Civil Procedure and submits that in view of such provision any court other than the executing court can stay further proceedings of any ..
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... 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. ......mud, in reply to the submission of Dr. Rafiqur Rahman, contended that the Technical Committee did not find the respondent No.8 non-responsive. He further submits that the Board has the authority to review its own decision and by a subsequent decision of the Board dated 18-12-2000 being decision No.8..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......CP cost. 6. Being aggrieved by the aforesaid impugned order dated 4-11-80 the defendant-petitioner moved this Court and obtained the present Rule. 7. No one appears to oppose the Rule. 8. In view of the fact that this is a very old we are inclined to take it up for disposal on merit on the ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... 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.......oner and maintained the fine as already imposed by the High Court Division; in default the petitioner was directed to suffer simple imprisonment for 6 months more. The petitioner thereafter filed a Review Petition against the aforesaid order passed by the Appellate Division which is still pending. I..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... 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. ...... 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 not come within the purview of sections 406/420 of the Penal code. 4. The learned Assistant Attorney-General opposed the..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....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.......iary jurisdiction to hear the preemption application. The application was seriously opposed by the preemptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....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. ......e measuring about 1” x 0.25” upto the thoracic cavity. On dissection he found profuse blood and blood clots in and around the issue injured. Right upper lobe was also found injured. He was of the view that death resulted due to the above injuries which were ante-mortem and homicidal in nature. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....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. ......ay it was decreed and also whether he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in accordance with law. Inquiry contemplated under rule 100 is restricted to the question ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......laiming benefit of section 1O0A. The suit was instituted seeking declaration that the plaintiff has the right to hold the suit property which is admittedly non-retainable land. Therefore, I am of the view that the suit is hit by section 72 of the State Acquisition and Tenancy Act. 11. In matters ..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......tter to the petitioner in his own handwriting on 24-6-96 congratulating him on his becoming a Cabinet Minister on 23-6-1996, Annexure-D(2). Respondent No.5 also gave various statements and press interviews affirming his support and the support of his Jatiya Party to the inclusion of the petitioner a..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......nstitute is a statutory body and is a project for the benefit of the citizens of the country and that petitioner being a trespasser has no locus standi to take shelter of the writ jurisdiction and in view of the provisions of Act 32 of 1989 the interim order of status quo need be vacated.
5. The ..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....is removed to the Court of appeal and continued and reheard there.” 15. So, there is hardly any scope for fresh trial while the judgment and decree are set aside. This appellate Court thus acted erroneously and the impugned order has occasioned failure of justice. Section 22 of the Specific Rel......s is not maintainable in law and the learned Additional District Judge of the Appellate Court ought to have dismissed the suit instead of sending the suit on remand for fresh trial. 11. Keeping in view the above argument let me address myself to resolve the controversy whether the petitioner coul..Category: Civil Law | Date: | Hits: 71
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