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Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....o frustrate the Judgment and decree of the Bankruptcy Suit filed the application under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which in fact beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ther appears from the main grounds that the writ petitions are designed to challenge the purporting order of cancellation of the approved plan for the building sanctioned on 18-2-1993 as beyond the scope of the law under section 9 of the Building Constructing Act and other incidental matter and ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......cedure calling upon the Deputy Commissioner, Narsingdi to show cause as to why the accused petitioners 1) Md. Hanifa, 2) Mannan Miah alias Mannan both sons of Abdul Hamid should not be enlarged on bail in Raipura Police Station Case No.21(8)2006 under sections 302/34 of the Penal Code, now pendi..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
.... entire context of the transaction between the parties in treating the gift performed between two Muslims governed by their personal law. In the instant case the vendee not being a Muslim there is no scope for application of the principles of Mohammedan Law and as such the Appellate Judge committed ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....learly opined that in order to implicate any person in the offence with the aid of section 109 of the Penal Code there must be intentional aiding and active complicity; otherwise there can be no scope to secure punishment of any accused with the help of section 109 of the Penal Code. The learne......The impugned judgment and order of conviction and sentence so far it relates to the accused-appellant Labu Mallik is hereby set-aside and he and his sureties are discharged from their respective bail bonds. Let a copy of this judgment be sent to the court below, District Magistrate, Manikg..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....ed long before the promulgation of President's Order No.88 of 1972. So, the instant case comes within the mischief of the doctrine of "transaction past and closed" and there was no scope open before the defendants to file an application for redemption of mortgage under section 95 ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....that basis, the suit would still be a suit for the infringement of a trade mark or otherwise relating to any right in a trade mark within the meaning of section 73 and would therefore fall within the scope of the ban imposed by that section. The City Civil Court not being a District Court or a Court...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
....nt
March 12, 2007.
Result:
The Writ Petition No.3016 of 2004 is discharged and the Writ Petition No.5961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). T......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....me subject matter entertained repeated appeals under rule 31 which they are not authorised in law. After appeal is heard and disposed of under rule 31 of the Tenancy Rules 1955; there is hardly any scope for the matter to re-open the same. There must be finality of the litigation. If any person ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ...... are emancipated from charge mounted against them and they are acquitted thereof. They are set at liberty at once unless required in connection with any other case. Convict-appellant Mohsin having on bail, bail bond furnished by him stands discharged/cancelled. Lower Court Records be sent down ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ellants and the petitioner were apprehended on the spot on 16.3.1999. They had undergone considerable period in custody proceeding to their conviction and sentence. Some of them have been enlarged on bail subsequently. On consideration of the above, we are of the view that ends of justice will be me..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....-chief of P.W.1 had already been recorded and that the State defence lawyer on getting such appointment abruptly concluded cross-examination of the six P.Ws. on that very day without getting any scope to examine the records and make necessary consultation with the accused. As such, the pro...... framed against the accused. But no lawyer was present in the Court to represent the case of the accused, though an Advocate was previously engaged in the private capacity of the accused to move bail petition. Next date was fixed on 13.8.2003 for examination of the prosecution witnesses and acc..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ...... Central Jail, Dhaka in his Memo No-12130/ixnjx dated 24.08.06 that Sundar Babu, son of Seken Mollah is a different person, who was in custody at Dhaka Central Jail from 17.2.2005 till his release on bail on 14.3.2006 and that he was in custody in connection with Demra P.S. Case No.50(9)04, Sutrapur..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......, son of Md. Easin Ali, 2) Md. Mokhlesur Rahman, son of Md. Shahjahan Biswas and 3) Md. Golam Mostafa alias Md. Mostafa, son of late Nurul Huda are directed to be released and they be discharged from bail bonds. 17. Let the seized money, motor cycle and passport returned and handed over to the ac..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....ant-petitioners were given more than 15 days' notice expiring with the end of January, 1997. The intention of the notice-givers should be ascertained from the recitals of the notices. There is no scope for construing a particular sentence in the notices in isolation. What I am driving at boils d......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... all normal circumstances. 42. Extensive economic activities involving disbursement of very large amount of public fund have been continuously on the increase and all these activities offer wide scope of corrupt practices and seriousness of the evil design and possibility of its continuance w......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
....shu Nirjatan Daman Ain, 2000 which being a special law, bail can be granted upon hearing the informant or complainant or to the effect the state. In Nari-O-Shishu Nirjatan Daman Ain, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this obser......-General - For the State. Criminal Miscellaneous Case No.1415 of 2006. Judgment Sharif Uddin Chaklader J.- This rule was issued for enlarging the accused petitioner Md. Didaul Hasan on bail in Nari-O-Shishu Case No.357 of 2005 under section 11 (Ka) of the Nari-O-Shishu Nirjatan Daman ..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
.... in the subsequent extension of time the
respondent had never mentioned anything in his letter of extension to hold any
enquiry against the petitioner. The Enquiry Committee has gone beyond the scope
of its terms of reference and all on a sudden at the end of the report, under
headings of co......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... advertisement in National Dailies. The petitioner passed S.S.C. examination in Science Group in the 2nd Division and H.S.C. examination in Science Group in the 2nd Division and as such there is no scope to hold that the petitioner had no requisite qualification to get appointment to the post of ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
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