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Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107....... alia, that the learned Subordinate Judge and Artha Rin Adalat committed no error of law in passing the impugned order. 6. We have carefully gone thorough the impugned order and other materials on record. Article 33 of Bangladesh Shilpa Rin Sangstha Order provides for filing an application for re....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95........ But before granting of the sanction, he is required to make an enquiry into the matter. Law requires him to enquire himself. In the order of the Administrator granting sanction, the AdministraÂtor records- "I could not spare time to visit the CL for sale. Since, the ADC, Narayanganj certified ......sult. On the verbal order of the Administrator the plaintiff made a mosque on the suit land out of his own fund and with the help of local 'Musallis' and have been holding prayers and other religious service. 4. Further case of the plaintiff is that Defendant Nos. 2 to 4 in collusion with Defenda..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......5. The learned Advocate Mr. ABM Waliur Rahman Khan, appearing on behalf of the appellant, has taken us through the impugned judgment and order, depositions of the witnesses and the other materials on record and submits that the prosecution failed to prove the charge against the appellant beyond reas......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......he police and so the confessional statement is not voluntary and true. 8. The learned Judge of Speedy Trial Tribunal on consideration of the facts and circumstances of the case and evidence on record passed the judgÂment and order dated 31-1-2005 convicting and sentencing the accused persons......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505....... innocence and that the accused was falsely implicated in this case at the instance of their enemies due to political rivalry and grudge. 7. Upon consideration of the evidence and materials on record, including the deposition of the witnesses, the learned trial Judge convicted all the accused......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......000 was started and Sub-Inspector Azaharul Islam (PW 10) was entrusted with the investigation of the case. During the investigation he visited the place of occurrence, prepared sketch map with index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and subm...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ...... itself and is not applicable to any punishment for an offence triable under the Act. 6. Ms. Lucky Begum, the learned Advocate, after taking us through the impugned judgment and other materials on record as well as the judgment and order for remand dated 7-2-2005 passed by the High Court Division......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....support the prosecution case and that PWs 1, 6, 7 and 9 all are the Police witnesses and for that reason their testimonies cannot be relied upon, we are of the view that this submission does not hold good. It is settled by the several decisions that even if independent witnesses and the seizure list......t those arms and ammunition in his possession. She could not produce any valid paper in respect of said arms and ammunition. On the basis of above allegation the instant case started. 3. After recording of the first information report the charge of investigation was entrusted to Sub-Inspector......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expediÂtiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......e but did not adduce any evidence of his own and did not give any statement. 7. The learned Tribunal after hearing both prosecution and the defence and upon consideration of the evidence on record convicted and sentenced the accused-appellant as aforesaid. 8. Mr. Hasan Foez Siddiq......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....er is a private company limited by shares and was duly incorporated in Chittagong. It established a heavy industry for manufacture of Cold Rolled Steel being an intermediary raw material for finished goods, namely, Black Plate Sheet (BP Sheet). Hot Rolled Steel is the basic raw material for producti......in rejecting the prayer for drawback since the IDSC was no where defined or treated to be tax or duty to be made available for drawback under section 13(2) of the VAT Act. 11. We have perused the record as, available and read all the relevant provisions of law as cited at the Bar As the issue is......ck of the amount of VAT, supplementary duty, customs duty, excise duty and all other duty and tax paid on the raw materials which were used in the production or manufacture of the exportable goods or service or foods menÂtioned in sub-section (2) of section 3 or any other goods (except the advance ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......er is no more residing in the schedule premises and one Abu Daud is residing in the said premises illegally. The learned, Assistant Attorney-General submits that when a notice was issued and went for service upon the petitioner there in the flat, occupier of the said flat said "I am not Fida-ul-Huq"..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional District Judge, without consiÂdering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tena...... provision of law that it shall be lawful for the lessor at any time during the period of the lease to determine the lease by a written notice and that at any time after two calendar months after the service of such notice on the lessee, it shall be lawful for the lessor to reenter upon the demised ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......r been alleged that two brothers Abdul Gafur Munshi and Abdul Aziz on purchase of land from the case plot had been in possession and during rent roll operation the names of Abdul Aziz and others were recorded correctly but the name of Abdul Gafur Munshi was recorded wrongly. Abdul Gafur died leaving......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......he, proceeding. The Arbitrator finding no any other way heard the plaintiffs-opposite parties and considering the statement of claim and written objection of the defendant-petitioner and evidences on record passed award on 30-5-98 only for Taka 24,00,000 (Twenty-four lac) in favour of the plaintiffs......submitted that according to Article 158 of the Limitation Act, 1908 an application to set aside an award or to get an award remitted for reconsideration is to be filed within 30 days from the date of service of notice of the award but in the instant case, the petitioner of this revisional applicatio..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......tions (1) and (2) of section 115 of the Code of Civil Procedure which reads as follows:
"115. Revision.- (1) The High Court Division may on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a court of Distri...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......f the victim moved the learned Sessions Judge in Criminal Revision No. 209 of 2002. The learned Sessions Judge by the impugned order allowed the revision and passed the following order: "Since the record lies with the present Court it does not require to send the record to the lower Court. We now......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......nd other 50% of sundry creditors that appeared in the balance sheet under section 19(1) of the Ordinance as was made by the Deputy Commissioner of Taxes against the book version and even the previous record. He submitted that the Taxes Appellate Tribunal most illegally upheld the addition of Taka 35......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....seeks to impose for the importation of table potatoes are as follows: i. The importer shall along with all other import documents produce a Quarantine Certificate issued by the supplier of the goods and a phytosanitary certificate issued by the government authority of the country from which t......nd was inspected by a duly authorised official of phyto pathological service of the country of origin and found free from all injurious insects and no case of occurrence of the insects or disease was recorded within 5 kilometers of the place in which the potato crop was grown up as per Rule 14. In t......ntry of origin declaring that the crops from which consignment is derived was not grown in the vicinity of unhealthy potato crops and was inspected by a duly authorised official of phyto pathological service of the country of origin and found free from all injurious insects and no case of occurrence..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....te can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationÂship with the accused petitioner who having felt in dire need of cash money, approach......iminal Procedure. We find no substance in this Rule. In the result, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
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