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Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... vehicles. 2. The petitioner filed the above writ petition on the averments that he, in the course of his business, imported used vehicles under H.S. Code No.8704.10.10.00 and after arrival of the goods at the Chittagong port his Clearing and Forwarding Agent submitted bill of entry for clearance...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat Vs. N. M. Showkat Habib Talukder, Logic and others, 2007, 36 CLC (AD)

....assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 194.......s from Matrai Science and Technical College of the petitioner being in violation of the Government policy. 4. The learned Judges of the High Court Division on due consideration of the materials on record made the rule absolute in part directing the Government in the Ministry of Education and the ......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 194...

Category: Others | Date: | Hits: 92

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....tia on the part of the respondent appears to this Court both to be calculated and deliberate. In this, the deprivation likely to be caused to the plaintiff both financial and in terms of its business goodwill and its logistical dislocation has obviously not been addressed by the respondent in any di......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131...

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......re-emptor is not a co sharer in the land under pre-emption. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismissed the case on the obser...... said Act contemplates that if portion or share of the non agricultural land held by a non agricultural tenant is transferred one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23, and in case no notice had been issued or served, then wit..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

.... in dispute between the parties and erroneously decreed the suit, causing failure of justice. 31. The facts and the legal plea taken by the learned Counsel for the appellant prevail and have a good deal of force, but we failed to discover any merit in the submissions advanced by the learned C......uired under section 169 of the Town Improvement Act, 1953 was served to defendant before institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasion......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......tted that the alleged agreement was created to defeat preemption otherwise the land would have been reconveyed to the sellers by this time, which is more than five years. 8. I have perused the record. 9. Mr. Md. Azizul Haque, Advocate appeared on behalf of the opposite party No. 1 only...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..

Category: Property Law | Date: | Hits: 27

Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......he Code. In the light of the findings made before, I do not find any substance in this Rule. In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..

Category: Property Law | Date: | Hits: 25

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......e of the local witnesses PW 2 Barjahan and one Rabiul Haque under the seizure list Exhibit 6. Then the informant lodged the first information report Exhibit 1 whereupon the Rajpara PS case 4(9)93 was recorded by the then officer-in-charge PW 4 who made it over to the informant for investigation. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..

Category: Criminal Law | Date: | Hits: 35

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

.... and graphic description of the same. There is no evidence on record to show that they are inimically disposed towards the accused-appellant. So, this contention of the learned Advocate does not hold good as we have discussed. On this point we can rely on the decisions reported in 1988 BLD 106, 51 D......esses. Hence is this case. 3. The police after investigation of the case submitted charge-sheet under section 19A and 19 (f) of the Arms Act against the accused-appellant and on trial the case record was transmitted to the Metropolitan Senior Tribunal, Dhaka which was recorded as Metropolitan......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) 104. ..

Category: Criminal Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......'Gha' belonged to Maherunnessa, the predecessor-in-interest of the plaintiff and defendant No. 1, that while they Had been possessing the land of schedule 'Ka' and 'Kha', Delwar Sheikh died before SA record leaving behind wife Maherunnessa, one son, Nur Rahman, the defendant No. 1 and one daughter N...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....about one month after the occurrence and he confessed his guilt after being beaten by the police; and that he did not know how the victim died. He added that so far as he was aware, the accused was a good boy. 6. Md. Abu Taleb, who deposed as PW 2, is a witness to the inquest. He identified his s......Report (FIR) with Shailakupa Police Station at 9-35 AM on 16-10-1999 without naming anyone as accused. 3. During investigation accused Roushan Mondal was arrested. He made a confessional statement recorded by a Magistrate. After investi­gation the police submitted charge-sheet against the accuse......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....e possession of the apartment by June, 1998; that the defendants relied on such terms and conditions as well as the promise held out to him and agreed upon the same, whereupon the plaintiff acting in good faith thereby made payment; that on the basis of above terms and conditions, the plaintiff deci...... contract between the plaintiff and the defendant No. 1, so they had nothing to perform. The learned Counsel submits that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasion......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......om the accused admitted his guilt. Then Munsur Ali, cousin of deceased Joynab, reported the incident to the Manirampur Police Station wherein Unnatural Death Case No. 103 of 1988 dated 12-10-1988 was recorded. On such information PW 9, ASI Sree Mukul Chandra Das visited the place of occurrence, held......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..

Category: Criminal Law | Date: | Hits: 40

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ...... 1 and 2 to oppose the Rule. 5. Mr. Md. Tajul Islam, the learned Advocate appearing on behalf of the petitioners, took us through the impugned order and other annexed documents/papers available on record and submits that the impugned order does not specify upon what materials the petitioners were......e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......nquiry Committee and the allegations raised against the petitioner was proved and accordingly, he was dismissed from service on 15-2-1997. At the time of dismissal of the petitioner his first service record which was not clean was taken into consideration. He had a bad record of service. He was guil......his participation in different elections he had disputes with the ruling CBA leaders and because of the conspiracy of the respondent Mill Authority and some leaders of the union he was dismissed from service on 5-3-1994. Subsequently, he was reinstated on 6-12-1994. Though the petitioner was dischar..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......eriously prejudiced and suffer irreparable loss and injury and, as such, they are seriously opposing the application for winding up of the respond Company. 25. In view of the foregoing evidence on record which have been annexed to the petition as well as to the supplementary affidavit filed by th......required to prove and substantiate the allegation that has been levelled against the respondent No. 1 Company. Further, in paragraph 11 of affidavit-in-opposition the respondent No. 4 has stated that service of statutory notice does not give rise to presumption that the respondent Company is unable ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ill take away the admission made by the party earlier in his pleading. 11. We have heard the learned Advocate of both the side at length and perused impugned order and other tangible materials on record. It appears that the real question in controversy in the suit was for partition of the suit p......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

....t at the time of presentation appear to be crossed, or to have had a crossing which has been obliterated, added to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability nor shall the paym......e equated with the "Pay Order" or "Bank Draft", as such, it is not qualified to fulfill the requirement of law occurring in section 42(1) of the said Ain. 21. However, it also appears from the record that the respective revisional application is not being sworn with affidavit and has not yet ...... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ..

Category: Civil Law | Date: | Hits: 90