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Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......DLR (AD) 99, wherein our Appellate Division has held that: “The question of limitation in a suit is a mixed question of law and fact which can be decided only at the trial on taking evidence. In view of the relief prayed in the suit, the plaint cannot be rejected”. 13. From the aforesaid d..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......েই প্রাপ্ত হইতে এবং নির্বাচনে বিজয়ী হইয়া চেয়ারম্যান নির্বাচীত হইতেন”। 6. In view of the above the amendment as aforesaid is nothing but the reiteration of the statement already..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......e wrong order which suffers from gross illegality and the Court has the power to right what is wrong. He next submits that in a mortgage execution there is no scope for sale by private negotiation in view of Order XXI rule 65 and therefore, the order No. 65 is ex facie, illegal and without jurisdict..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ...... said Act. The learned Advocate appearing for the complainant-opposite party went further that, the petitioner has willfully and consciously adopted dilly-dallying tactics to consume more time with a view to embezzle the aforesaid money and in pursuance to it the accused petitioner pretended as he i..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......tay has been granted by the High Court Division in respect of the rectification cases and when he was sure that there was no stay order of this Court he took up the matter and disposed of the same in view of the fact that the present petitioner was given ample opportunity to defend the case but they..Category: Intellectual Property Law | Date: | Hits: 181
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......hat the defendant No. 1 had created those deeds fraudulently by those papers and by way of forgery. That is, it is not only pleading of the plaintiff that those deeds are products of forgery. In such view of the matter the expert’s opinion as to the genuineness of the LTIs in those deeds and the s..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......ating, inter alia, that they have no properties to satisfy the decree and that the properties shown in column 2(ka) of the form have already been sold in Money Execution Case Nos. 1 and 2 of 1985. In view of the above categorical statement of the opposite parties to the effect that they have no prop..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......ase ex parte by the Court of Settlement was illegal. Accordingly, the appeal was allowed and the case was sent back to the Court of Settlement for hearing of the case in accordance with law. 6. In view of the above, we are of the view that there is no scope for the Court of Settlement to pass an ..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......ed order of conviction and sentence date 29-9-95 the accused preferred the appeal before this Court. 8. Mr. Firozur Rahman Mullah, the learned Advocate appearing for the appellant, submits that in view of the fact that the seizure list witnesses did not support the prosecution case, the learned S..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... Rule. 7. Mr. Garib Newaz, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge seriously erred in law in dismissing the petitioner’s execution case on the erroneous view that since the plaintiff petitioner has already filed an independent suit for recover......7. Mr. Garib Newaz, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge seriously erred in law in dismissing the petitioner’s execution case on the erroneous view that since the plaintiff petitioner has already filed an independent suit for recovery of khas ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184....... the basis of supplementary charge-sheet should be quashed. 3. Md. Mustafa, learned Assistant Attorney-General, on the other hand, submits that Police is empowered to hold further investigation in view of the provisions of section 173(3B) of the Code of Criminal Procedure and if further evidence ..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......umstances as to how she died while she was admittedly with him. Instead, we find in this case that, the appellant No.2, the father of appellant No.1, lodged a false information with the police with a view to cause disappearance of the evidence of death of the deceased while the husband of the deceas..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... justice by society, more particularly, in cases of heinous crimes and Court should impose proper punishment befitting the crime so that Court reflects public abhorrence of crime. It is to be kept in view that it is the nature and gravity of crime and not the criminal which are germane in awarding c..Category: Criminal Law | Date: | Hits: 82
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......lace either in the FIR lodged by the father of the victim or in the statements of the victim of her father, the informant, recorded under section 164 of the Code of Criminal Procedure. 4. In such view of the matter, according to the learned Advocate, the order of detention is absolutely illegal ..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172....... application filed by the plaintiff (opposite party No.1) for staying the Decree Execution Case. The learned Subordinate Judge by the order dated 29-7-1997 rejected the said application recording the view that there was no scope for filing written objection against the order dated 8-6-1997. 4. Th..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......nd the subsequent modification of the said order by the Appellate Joint Commissioner of Taxes and affirmation of the said appellate order by the Taxes Appellate Tribunal cannot be sustained in law in view of the fact that in passing the assessment order the Deputy Commissioner of Taxes relied on an ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ial Court on the ground that the defendant in the plaintiffs suit having challenged possession of the plaintiff to file a regular Suit for declaration of title and confirmation of possession. In that view of the matter the plaintiffs suit was dismissed under section 42 of the Specific Relief Act as ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....ssed the corporation as a company but it is not clear from the order of the AJCT that if any objection was taken against it before him as to the status of the corporation. Thus the Tribunal taking an erroneous view of law illegally treated the corporations as local authority in the first set of appl......orporation as a company but it is not clear from the order of the AJCT that if any objection was taken against it before him as to the status of the corporation. Thus the Tribunal taking an erroneous view of law illegally treated the corporations as local authority in the first set of applications a..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....material evidence which ought to have been considered by the lower appellate Court as a final Court of fact has not been considered. Such non consideration of the material evidence has resulted in an erroneous decision in this case. In that view of the matter, the learned Single judge as a revisiona......n spite of the fact that Jamina Khatoon the vendor of the plaintiff herself appeared before the Court and examined as PW 2 and denied the execution of the so-called kabala dated 21-4-1969 and in that view of the matter the finding of the appellate Court appears to perverse and in coming to such find..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......has been inflicted for making false declaration and whether the customs authority was authorised under the law to impose any penalty for violation of the provision of section 32 of the Customs Act in view of the facts that the goods supplied by the supplier company according to the letter of credit ..Category: Fiscal/Taxation Law | Date: | Hits: 70
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