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Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ned Suits filed by the Artha Rin Adalat and execution proceedings against the same being pending bankruptcy proceeding for realisation of the decretal dues before the Bankruptcy Court were without is jurisdiction. He further submitted that after passing of the decrees by the Artha Rin Adalat the cre..Category: Civil Law | Date: | Hits: 78
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........ 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........ 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
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
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....... to affirm the conclusion of the trial Court that the suit at the instance of the plaintiff was not maintainable under section 42 of the Specific Relief Act. 10. Secondly, he submitted that in the absence of any power whatsoever to transfer in the waqfÂdeed, the transfer of the waqf property by ......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...Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....much absent and therefore, we do not find that the Court below could justify itself in convicting and sentencing the appellant in the instant case. It was not a case of rape which the Court below has totally failed to appreciate in the judgment and order, as such, it is liable to be set aside. ...... respondent- State, found it difficult to support the judgment and order of conviction and sentence as passed by the Court below under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain as there is absence of any threat and of fraudulent activities drawing the consent of the victim and there is ab......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
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...Category: Fiscal/Taxation Law | Date: | Hits: 95
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.......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.......ict appellants, submits that the convict appellants before the comÂmencement of trial filed an application on 27-10Â2004 claiming to be minors and, as such, the learned Speedy Trial Tribunal has no jurisdiction to try them under general law; that the learned Tribunal comÂmitted an error of law in..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....inquest the dead body was turned and inspected with the help of the victim's maternal grandmother, but no injury was found on her person. Hence evidence of any rape or injury caused by the accused is totally absent. 12. With regard to subsequent activities, the learned Advocate submitted that......cused present during the trial, namely Uzzal alias Elias Hossain, preferred Jail Appeal No. 593/2002 and also Criminal Appeal No. 3448/2002. The trial of the other accused-convicts proceeded in their absence after all the legal formalities for absentia trial were observed. Since the Reference and ap......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)
....accused-appellants in their absence as they were absconding. The State Defence Lawyer was engaged to defend the case of the absconding accused persons. 6. The prosecution during trial examined total 12 witnesses to prove its case and they were cross-examined by the State Defence Lawyer. ...... is that the informant Sabuj Miah lodged the first information report with Raypura Police Station Narsingdi on 22Â-12-2000 at about 3-00 PM to the effect that on 20-Â12-2000 taking advantage of his absence from home the accused persons named in the first information report enticed and kidnapped hi...... 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)
....t the Tribunal directed for such adjustment by following the provision of section 35A of the Code of Criminal Procedure which has provided privilege of deduction from the sentence of imprisonment the total period of custody the accused suffered in connection with the offence. 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. ......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)
....encing him to suffer rigorous imprisonment for a period of 15 (fifteen) years and 7 years respectively and also ordered that both the sentences shall run concurrently. The Court also ordered that the total period which accused-appellant already spent in custody would be deducted from his sentence. ......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.......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
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......e time of import of goods. We are also familiar with the word 'Surcharge'. In the income tax or other fiscal laws, surcharge was/is levied and collected. In view of such dictionary meaning and in the absence of any other meaning available to the contrary, we find little difficulty to say that IDSC i......tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...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.......titioner and submits that the petitioner is a fake person and not the real owner. Whether the petitioner is fake Fidaul Huq or not is a disputed question of fact and it cannot be deter- mined in writ jurisdiction. Furthermore, contractual fact of obligation cannot be enforced in a writ petition. It ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....tal officers and staffs. So, it is not possible to renew the lease and the opposite party shall have no right to compel the petitioners to renew the lease. 27. The plaintiffs-opposite parties have totally failed to establish their contention that the defenÂdants-petitioners have refused to renew......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. ......serving the provision of lease deed, instituted suit after the expiry of the lease period which is not legal and proper. 30. The findings of fact is immune from being interfered with in revisional jurisdiction unless the finding is found to have been based on gross misÂreading of evidence or non..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. ......‘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. ......‘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. ......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. ......ce was in favour of the defendant. 6. Being aggrieved by the said order of the Hon’ble High Court an appeal was filed before the Appellate Division of the Supreme Court only on the ground of the jurisdiction. Their Lordships of the Appellate Division of the Supreme Court without entering into t..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.
...... 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.
......tiffs-petitioners filed another apÂplication on 1-2-2006 for dismissal of the Civil Revision on the ground of maintainability stating amongst others, that the learned District Judge has no pecuniary jurisdiction to adjudicate the Civil Revision the valuation of which is Taka 2,57,01,000 which excee..
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. ......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. ......ce while disposing of a revision arisen from Naraji Petition. 2. Mr. Habibul Islam Bhuiyan, learned Advocate appearing for the accused petitioners, submits the learned Sessions Judge acted without jurisdiction, in other words, exceeded his jurisdiction in taking cognisance of the offence in dispo..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....,350. Then, it submitted revised return showing loss of Taka 16,87,555. The Deputy Commissioner of Taxes however assessed under section 83(2) of the Income Tax Ordinance, in brief, the Ordinance, the total income of the appliÂcant at Taka 63,29,101 and determined the income tax of Taka 29,31,640 an......ed is such that in the opinion of the Deputy Commissioner of Taxes the income of the assessee cannot be deduced, or (c) a company has not complied with the requirements of sub-section (3). So, in the absence of any of the above grounds the Deputy Commissioner of Taxes has got no power to compute the......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)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
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