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Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ailed to corroborate each other on material particulars. He further submits that the judgment and order dated 23-4-2003 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Adalat is bad both in law and fact that the learned trial Court failed to appreciate the inherent falsehood, absurdity and..

Category: Criminal Law | Date: | Hits: 38

Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)

....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case ma..

Category: Constitutional Law | Date: | Hits: 213

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... legally ethically entitled to encash the Guarantee No. 14/01 dated 30-3-1985 issued by the I defendant No. 7, the Manager, Rupali Bank, Brahmanbaria Branch, Brahmanbaria until it pays the proper and lawful value with compensation and interest for its illegal use and occupation of the suit land till..

Category: Property Law | Date: | Hits: 31

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......purchased Defence Saving Certificate of Taka 20,000 and paid Life Insurance Premium of Taka 5,000 and these expenditures are deductible expenses but the Appellate Tribunal taking an erroneous view of law that as the same issue was not agitated before the Appellate Additional Commissioner of Taxes it..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Mainuddin Vs. State, 2010, 39 CLC (AD)

....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......nikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigation and directed the Magistrate to take steps in accordance with law. The learned Magistrate thereupon examined the complainant, held an enquiry under section 202 of..

Category: Criminal Law | Date: | Hits: 24

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ....... Mr. A. F. M. Meshabhauddin, learned Counsel, appearing for the petitioners submitted that the victim Rahima Khatun alias Rubi was allegedly killed by beating by the convict-petitioners forming an unlawful assembly standing at a distance of 50 yards from the house of her father but neither her part..

Category: Criminal Law | Date: | Hits: 31

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ...... of amount of TK.54,83,300.00 and that the complainant deposited the cheque at chartered co-operative bank on 15.02.2006 for encashment but the same was referred being unpaid. The complainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice..

Category: Criminal Law | Date: | Hits: 45

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......er filed this civil petition for leave to appeal. 6. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Single Judge of the High Court Division erred in law in failing to consider that the plaintiffs' predecessor took settlement of the suit land from th..

Category: Property Law | Date: | Hits: 27

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... of the witnesses of the defendants-witnesses examined at the time of trial of the suit and most illegally arbitrarily arrived at a wrong finding in decreeing the suit which is not all sustainable in law and as such, the same is liable to be set aside. 5. It appears that an alienation made by th..

Category: Property Law | Date: | Hits: 29

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......d and advertised to sale. 4. The decree holder opposed the application saying the same was collusive and false. The application was also claimed to be barred by limitation, and not maintainable in law. The deeds were created. 5. The petitioners examined three witnesses and produced some docume..

Category: Property Law | Date: | Hits: 27

Rezaul Karim Chowdhury (Md) & others Vs. Court of District Judge and Bankruptcy Court Chittagong and others, 2001, 30 CLC (HCD)

.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ......d sub-rule 1 rule 4 and Rule 33 being mandatory as per provisions of section 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case No. 2 of 1999 cannot be proceeded with as per law and same has been entertained without lawful authority and is of no legal effect. Section 28 of ..

Category: Banking Law | Date: | Hits: 127

Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)

.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ......he District Court of Dhaka claiming money on bill of exchange under Order XXXVII CPC against the National Bank Ltd. Summons of the suits were served upon the said defendant-bank on 19-8-98. Under the law a defendant in such a suit is to obtain leave to appear and defend within 10 days from the servi..

Category: Civil Law | Date: | Hits: 64

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at first has argued th..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......they would make communication through letter subsequently and threatened them of dire consequences and ordered not to disclose the incident to anybody. On getting this news Shafiuddin, the brother-in-law of victim Md Atiar Rahman, being informant, lodged the first information report with Alamdanga P..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....n behalf of the comptroller, decided that the later invention could not be performed without substantial risk of infringement of the prior dated patent, and, accordingly, there being no proposals for amending its specification, the superintending examiner, by a final decision, ordered that the paten......g the assessment roll for the year 1967-68 and other documents and found erroneously the document of 1963 to be forged and created fraudulently and thus, the High Court Division committed an error of law in discharging the Rule." 4. Mr. MI Farooqui, learned Counsel, appearing for the appellant su..

Category: Property Law | Date: | Hits: 30

Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)

....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......abala dated 26th of Jaistha in 1333 BS. The kabala was not however, registered by the plaintiff and his brothers are in possession of their purchased land Plaintiff's father was a domesticated son-in-law living in the house of Shahidul Khan. Badarnessa wife of Afsaruddin purchased some land from Asg..

Category: Property Law | Date: | Hits: 29

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......his petition are, that one Mosammat Salina, the victim lodged an first information report with Cantonment PS alleging that on 28-6-1996 at about 11-00 AM while she was going to the house of father-in-law of her elder sister, introduced with a boy on road who said to her that she looks like his siste..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......en objection denying the material allegations made in the miscellaneous case stating, inter alia, that the summons and copies of the plaint were served on each and every defendants in accordance with law including the defendant No. 1 and in spite of being served with the summons the defendants No. 1..

Category: Property Law | Date: | Hits: 44

Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)

....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......e suit and dispensation of justice to litigant public has been manifested. 30. A reading of provision embodied in section 115 of the Code of Civil Procedure makes is manifestly clear that error of law resulting in an error in the decision is not the ground for interference in the exercise of this..

Category: Administrative Law | Date: | Hits: 236

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......eased husband of the defendant No.2 who had a limited life interest, the exhibits 5,7,8 and 9 series being basic documents of alleged title of the plaintiffs having not been proved in accordance with law, the contesting defendant having taken a plea in the written statement to the effect that he is ..

Category: Property Law | Date: | Hits: 39