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Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......e name of the legal heirs of the defendant in the interest of Justice which should not be interfered in revision. Mr. Khandaker further submits that such amendment has been made to determine the real questions in controversy between the parties and that instead of filing an application for substitut......ing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the op..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453....... Suit No.86 of 1995 refusing to accept a Power of Attorney for the purpose of accepting a written objection and making steps in the Family Suit. 2. The fate of the Rule hinges on the answer to the question whether the order under challenge calls for any interference by this court in the exercise ......hether the order under challenge calls for any interference by this court in the exercise of Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 3. For the answer the precise facts forming the background of the Rule may be set out which are as follows: (a) The opposite pa..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......te—For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General—For the Respondent. Reference Application No.53 of 1995. Judgment Syed Amirul Islam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes A...... in refraining from passing order on the ground adduced against the assessment order of the Deputy Commissioner of Taxes merged with order of the Commissioner of Taxes (Appeal).” 2. The relevant facts may be stated as follows: The applicant assessee is manufacturer of Bins which filed a retu..Category: Fiscal/Taxation Law | Date: | Hits: 128
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. ......-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. ......of Civil Procedure. The impugned order does not at all indicate about the satisfaction of the learned Court of appeal below about any sufficient cause justifying the default of the appellants. In the facts of the case, I am constrained to find that the learned Subordinate Judge failed to apply his j..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......e AJCT and restored the order of assessment dated 30-6-85 of the ACT. Being aggrieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circu......grieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law to hold..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.......rty on the fateful days, that is 28th of February 1972 when President’s Order 16 of 1972 us promulgated and thus the impugned judgment suffers from patent illegality and he further submits that the question of implementing the impugned Judgment did not arise at all as operation of the said judgmen......ng that the case property do not answer the description of abandoned property within the meaning of President’s Order 16 of 1972 and as such the Court of Settlement taking a correct view of law and facts rightly passed the impugned order and directed the respondent to restore vacant possession of ..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. ......Advocate further submits that the suit i.e. Artha Rin Adalat Suit No.1 of 1991 and Money Suit No.1 of 1991 are of different nature and decided by Judges under different jurisdiction and therefore the question of res judicata does not arise. 11. Both the Advocates for the appellants and the respon......r to Appeal No.298 of 1994 where the question as in absence of Sonali Bank whether a decree against its employees are executable and whether such cases are maintainable in absence of the Bank. In the facts and circumstances of those cases it was held that although the petitioner before the Administr..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. ......into production. This would apply to all future commitments / sanctions. All concerned are requested to take note for due compliance. Sd/- (A.A. Qureshi) Managing Director 20. The question is whether the benefit shall be enjoyed by export oriented industries and at the same time ......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. ..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. ......s including Rule 19(Gha) which is not even a statute that has expressly excluded the jurisdiction of Supreme Court to grant bail and as such the appeal is liable to be dismissed. 13. The precise question before us is, therefore, to consider whether the High Court Division was authorized to ente......ution of SA Rahamn J. as quoted above." 19. Generally speaking the main circumstances as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is be..Category: Criminal Law | Date: | Hits: 100
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. ...... plaintiff as P.W.1, P.W.2, the scribe of the agreement, also testified that the agreement executed between the plaintiff and Nessa was written by him. But the No.11 did not cross-examine them on the question who purchased the land. More defendant Nos.1 and 2, sons of said Nessa, have not come forwa...... 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. ..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.......n which suit impeaching the decree is pending if the decree is a decree of this court. In the case of Sunahar Ali Vs. Mohammed Akuali, reported in PLD 1957 Dhaka, 603 it was so decided. The decree in question was passed by Munsif, First Court, Bogra and, as such, the Subordinate Judge, First Court, ...... 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...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......ult on 14-8-90. It is admitted that for restoration of Miscellaneous Case No. 136 of 1987 the defendant petitioner filed Miscellaneous Case No. 493 of 1990 under section 17(1) of the SCC Act. Now the question is whether this Miscellaneous Case No.493 of 1990 is maintainable under section 17 of the S......ordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor ..Category: Civil Law | Date: | Hits: 86
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. ......iser quoting Clause 30.a.4 of section 1 of the bidding document opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question arises whether it can be done after opening of the financial bid in bidder’s representati......r terms for your kind reference and action (which is to be replaced in Chapter 6.1 of our Bidding Document instead of the existing). For your kind reference, we are also enclosing the statement of facts of the supplied and delivered records of all the 4 Nos. of Cranes against Transport Contract N..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. ......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. ......No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a sui..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.......991(Bombay) 91, Monni Lal Vs. Parmai Lal and others, reported in AIR 1971 (SC) 330 and also Vida Charan Shukla Vs. Purshottam Lal Kaushik, reported in AIR 1981(SC) 547. In all the aforesaid cases the question that fell for consideration was whether a candidate who participated and returned in the Pa...... by the respondent No.1, Secretary, Bangladesh Parliament Secretariat, Law Division 2, declaring his seat as a Member of the Parliament vacant. 2. The petitioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five..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. ......e did not refund the money consequently and the FIR was lodged against the present petitioner. 3. The learned Advocate Mr. Sk A Awal appearing on behalf of the petitioner submits that the money in question is out and out loan taken from the complainant, There was no specific promise at the time o...... 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. ..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.......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.......the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties No.1 and 2 made an application under sectio..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. ......the primary duty of the Court first to consider and decide whether the confession is proved to be true and voluntary or not on the evidence on record and in the facts and circumstances of a case. The question of retraction is also to be considered at the same time and the same way. 15. The trial ...... 14. In view of the principles, it is the primary duty of the Court first to consider and decide whether the confession is proved to be true and voluntary or not on the evidence on record and in the facts and circumstances of a case. The question of retraction is also to be considered at the same t..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. ......n possession on the day of dispossession in execution of the decree. A plain reading of Rule 100 clearly provides that a person under the judgment debtor is not entitled to apply under this rule. The question as to the collusiveness of a decree or order are outside the scope of proceeding under rule......dalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dh..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.......ffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of ......alur Rahman, the learned Advocate for the petitioner, submits that the Waqf Estate is entitled to retain the suit Hat and section 1OA of the State Acquisition and Tenancy Act is not applicable in the facts and circumstances of the case, inasmuch as, the land comprising Waqf Estate is one of Waqf-lil..Category: Property Law | Date: | Hits: 105
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