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Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......rds at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......o papers to show that accused-petitioner used to live in his house as tenant since 1991 and PW 1 has got no papers to show that the accused-petitioner had business of powder milk. In reply to another question, PW 1 said that he has no witness to prove that he gave cheques of Taka 38,00,000 to the ac..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......eived in part or full. The respondent has levied VAT or taxes on supplier of SIM Card irrespective of the identity of the operators of mobile phone and the identity of the subscribers, therefore, the question of discrimination did not arise at all. The respondent has also re-fixed the tariff value o..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....nayetur Rahim, learned Advocate appearing on behalf of the vendor, submitted that the court of appeal below committed serious error on both fact and in law in finding that the vendor did not get back possession of the land transferred and upon such wrong view of the matter, it erred ultimately in al......nd Tenancy Act, 1950 in the Court of Senior Assistant Judge at Sadar in Sunamganj being Miscellaneous Case No. 2 of 1996 against the petitioner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in sho...... ......Petitioner Vs. Tobarak Ali and others…………………Opposite Parties Judgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. ......e pre-empted is already reconveyed before exercise of the right of preemption by filing the statutory application, then the preemptor has got nothing to pre-empt on the date of such application. Only question that is material is, whether or not the vendor actually got back the land by such reconveya..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ...... the date of occurrence. She denied the defence suggestion that she falsely implicated Ayub Ali out of enmity over litigation. she admitted that after the death of her husband, her mother-in-law sold landed property to different persons. 8. Hazrat Ali (PW 2) stated that he was sleeping in the...... These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......ellant Khalil left his house on 15th Bhadra on the plea of going to Dhaka and that on that night the incident took place. This statement remains uncontroverted. The defence also admitted by putting a question to PW 9 that the appellant Khalil demanded property to his father. PW 2 also admitted that ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......nt to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......trumental for the death of Tofizuddin, inasmuch as, it was alleged that as a result of his gunshots, the victim succumbed to the injuries on the spot. He was focused as the principal accused. Now the question is, whether a Court of law can give its consent for withdrawal from the prosecution of an a..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....3 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as plaintiff ......ong Bar, to look after her properties and collect rents from the tenants. Being requested said defendant agreed to pay rent to the plaintiff through said Feroz Alam acknowledging the plaintiff as her landlord; and rent of the premises on consultation was fixed at Taka 3,000 per month from June, 1998......n the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......r of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ioner of Taxes found Taka 58,00,000 out of a bank loan of Taka 66,25,478 was invested for renovation of house and that such investment was not shown in the wealth statement for the assessment year in question and thereby, was concealed. Consequently, a deficit in wealth was created by such concealme..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... 2 permanently from leasing out the suit land or any part thereof in favour of defendant No. 4 or any other third party and/or also for restraining them from interfering in any way with the title and possession of the plaintiff in the suit land. The suit was then renumbered as aforesaid Title Suit N......he petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant No. 5, RAJUK, in respect of the suit land measuring about 0.3480 acres of RS plot No. 9541 fully described in the schedule 'Kha' a part o......nt February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR......e driven back to seek another declaration and/or correction of the record of rights in another suit which would not only cost the plaintiff but also consume valuable time of the Court. 52. The question was settled long before by Mr. Ali, J in 14 DLR 657. Let me quote him: "There is no ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ...... the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ...... Power Rules, 2007 is a discretionary power. After issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise at all. Moreover, issuance of notice under Rule 15(ঘ) is a question of fact, which can only be decided at the trial by adducing evidence. Moreover, in view of ..Category: Anti-Corruption Laws | Date: | Hits: 143
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ocate—For the Petitioner. Abul Hasnath with MGH Ruhullah, Advocates —For Opposite Party No. 1. Civil Revision No. 3901 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the Judgment and Order dated 19-10-99 passed by the Subordinate Judge and Artha Rin Adalat No. ...... any order passed by the Court of Subordinate Judge and Artha Rin Adalat. The learned Advocate submits that there is a clear bar in section 6 of the Artha Rin Adalat Ain that no Court shall raise any question in respect of any order passed by the Court of Artha Rin Adalat subject to section 7 of the..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... did not consider the defence set up by the appellant. P.W.3 has admitted that at the time of occurrence there was complete lawlessness in the country and that many persons including students were in possession of unauthorised fire arms. The defence version in this connection has already been re...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......hwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......ying that his eye and hand were tied and wearing Lungi of blue colour. He also found the injury on the victims. These features cannot be mark of identification to establish the fact that dead body in question was that of Asgar Ali. Of course P.W.12 stated in his evidence that relation of each dead b..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....pon the Second party-petitioner. In the aforesaid petition it is stated that the First Party auction purchased the schedule land on 6.7.66 and the sale was confirmed on 4.9.66 and the First party got possession through court on 16.8.69 and he is possession of the same by making pucca construction by......ion 144 of the Code of Criminal Procedure a show cause notice was served upon the Second party-petitioner. In the aforesaid petition it is stated that the First Party auction purchased the schedule land on 6.7.66 and the sale was confirmed on 4.9.66 and the First party got possession through court......ischarged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......roceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it relates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that will be necessary for disposal of this Rule is that on the app..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....irected to release the property in question situated at Plot No.NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dhaka known as LISMORE COURT from the list of abandoned property and to restore possession thereof to the petitioner. 2. Shortly stated the facts alleged in the petition are tha......dment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough Council, 1951 (2) All England Law Reports, 587; Mehreen Zaibun Nisa vs. Land Commissioner, Multan and others, P.L.D. 1975(S.C......titioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......ed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to release the property in question situated at Plot No.NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dhaka known as ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......ndent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report ......983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Industries, Ltd. 1958 All England Law Reports (C...... passed. It was the case of the defendant Bank that the defendant No.1 namely M/S. YAMA MOTO & CO. LTD., the seller of the machineries has already received the payment against the letter of credit in question and payment to the defendant No.1 M/S. YAMA MOTO & CO. LTD., was made long before the matur..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......timony of P.Ws. 2, 3 and 4 received complete support from medical evidence in respect to nature and site of injury caused by sharp cutting weapon like dagger. It is well settled that recoveries land corroborative support to ocular evidence. Recovery of plastic sandal at place of occurrence......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......f his own inner conscience. The learned Magistrate was completely satisfied that the statement was true and voluntary. This satisfaction followed out of the answer given by the appellant Dablu to the question asked by the Magistrate. In fact Magistrate was satisfied beyond any possibility of doubt t..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......te, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting a......se. 5. We have given our anxious consideration to the respective arguments advanced by the learned Advocates. There is no denial that provision of section 10 of the Code is mandatory. But then the question would be whether this provision will take away the right conferred upon this Court under se..Category: Civil Law | Date: | Hits: 88
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......n and Distribution Company Ltd…………………………….Petitioner
Vs
Habib Oil Mills (BD) Ltd....…………….Opposite Party
Judgment
July 30, 2001.
Lawyers Involved:
Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petition...... direction not to disconnect the gas line or interfere in the business in any way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication woul..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......e in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......emporary period. The papers annexed to the supplementary affidavit are commercial invoices of the goods imported by other importers showing the invoice value. From those invoices we cannot decide the question as to how the duty was imposed and what was the basis of assessment because the bills of en..Category: Fiscal/Taxation Law | Date: | Hits: 56
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......e disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......n. The learned Advocate further submits that in view of section 5(4) of the Artha Rin Adalat Ain there is no difficulty in disposing of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved in both the suits and the should be heard analogous..Category: Civil Law | Date: | Hits: 73
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......ontracts as the arbitrator. As the plaintiff did not turn up, defendant No. 3 on 22-10-92 made the award ex parte. The plaintiff first on 12-1-93 took an action before the High Court of Justice at England being 1993 Folio No. 41. The action was dismissed for want of steps by the said Court by its or......
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......existence of an arbitration agreement and the award passed thereupon must be held to be void.
17. He also submits that the ex parte decision of the High Court of Justice at England or the Award in question cannot bar the suit under the provisions of section 11 of the Code.
18. In support, he c..
Category: Civil Law | Date: | Hits: 101
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