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Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....de of Civil Procedure fresh application for execution presented after the expiration of 12 years from the date of decree sought to be executed has been barred. Under article 182 of the Limitation Act time for execution of a decree is three years from the date of the decree or order; or the date of f......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....rit Petition No.1844 of 1998 by us and submits that the Rule was issued on similar points relating to supplementary duty and the depreciation allowance. True, but that was issued in particular at the time of hearing the writ petition and we had no opportunity to hear the learned Deputy Attorney Gene......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... and submitted voucher for Taka 500.00 which was accordingly paid by the concerned office. 8. The voucher is Annexure 1 ‘A’ paper relating to deputation of two Magistrates 1st Class at the time of eviction and papers about delivery of possession after eviction are filed as Annexure 1 and ......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....petitioner (in that Case; prayer for three accused was considered including. the present petitioner), was ‘said to be suffering from, including Cardiac trouble, hypertension,’ Diabetes’. At the time of making the submission he produced Memo No. 10560/Bha: Sha: dated 4-12-2000 issued by the Sen......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....and on 2-6-1980 obtained lease. When the plaintiff went to pay rents to the Tahsil Office, the Tahshildar declined on 1-12-1981 to receive the rent and therefore, the original plaintiff for the first time came to know that the land was leased out as vested property. Such action of vested property au...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....smissal of the statutory appeal on 25-09-84, only forum was open to him was that of the Administrative Tribunal. He then, submits, the review petition was hopelessly barred by limitation being out of time by more than 4 years. Both the Courts below erred in law in condoning such an inordinate delay ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
.... afternoon, while the petitioner was considering bail petition as a presiding Magistrate, in GR No.5 of 1998, one Md. Ali Khan, an accused, was dozing on a chair in the Court-room and was yawning fro time to time. The learned Magistrate considered this conduct of the said offender as an interruption......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....n (Amendment) Act, 1987 but the respondent No. 4 made no reply. The respondent No. 4 was thereafter given another notice dated 19-10-1999 (vide Annexure 1-C of the affidavit) giving him one month’s time for filing an appeal to the RAJUK authority but the respondent No. 4 (the owner) neither filed ......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
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Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... Murshed has held as follows: “The principles involved as two-fold: in the first place, it contemplates that a still-born suit should be properly buried, at its inception, so that no further time is consumed on a fruitless litigation. Secondly, it gives plaintiff a chance to retrace his ste...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
....joy the protection of the law and to be treated in accordance with law and only in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, ‘body, ......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
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Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....04 with Jail Appeal No.459 of 2004. 2. The facts, in short, are that deceased Most. Sabina Yasmin Rakhi was given in marriage to condemned prisoner Md. Sadequl Islam Tusar on 14.03.2003. At the time of marriage, the informant gave 20 vori of gold ornaments and one ring made of diamond and also......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....aid flat, the questions involved cannot be decided in a summary proceeding under writ jurisdiction; that there having been a gift by writ-respondent No.8 in faovur of his daughter earlier in point of time, which was acted upon, the alleged oral gift in favour of his wife on 21.03.2005 which is later......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 MLR (AD) (2010) 130. ..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....nd the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee) who is a stranger and the preemption case was filed on 10.10.1996 that is within time. 3. The pre-emptee contested the case by filing written objection denying the material al...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....the writ respondent No.4, CPA through letter dated 05.07.2001 (Annexure-X) with a copy to the writ petitioner to lease out the aforesaid land of 0.75 acre to the writ petitioner. 4. In the meantime, during the pendency of such leasing out process, the Government decided to denationalize the w......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....m Reza was solemnized. After marriage they had a happy conjugal life for 3½ years. The deceased used to live in the house of the accused. She gave birth to a son named Turja by the accused. At the time of occurrence Turja was 2½ years of age. In the meantime illicit relationship developed betwee......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....e hand and chin of her husband. On hearing the scream of her husband she woke up and saw that the accused No.2 pressed a dagger on his throat. At this to protect him she embraced her husband. At that time the accused No.3 dealt a dagger blow on the front side of the right ankle and behind the right ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..Category: Criminal Law | Date: | Hits: 45
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....me and the same was recorded in his name in the S.A. Record on the basis of his possession in the land and that the father of the defendants never raised any objection in that respect during his life time. 5. On appeal, the learned Subordinate Judge found that although the oral gift of Asimon......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....nce amount after mutating the suit property. As per terms of the agreement the plaintiffs requested in January, 2000 to execute and register the sale deed but the defendant with some false pleas took time and finally on 1st April, 2009, the defendant refused to execute and register the sale deed. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....petitioners admitted its failure to deliver the goods and offered payment of compensation of Tk. 3,15,560/- in lieu of goods and that since the plaintiff did not declare the value of the goods at the time of booking, it is entitled to get compensation for non delivery of such goods at the rate men......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, 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: VII ADC (2010) 411. ......g the aforesaid order Filed the said writ petition before the High Court Division. 3. Mr. Md. Zahirul Islam, learned Advocate-on-Record, appearing for the petitioner submitted that regarding appointment of the respondents by an illegal Managing Committee was questioned and to find out the f..Category: Civil Law | Date: | Hits: 84
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