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Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......cluded that it was not a fit Case to be ordered for restoration under Order IX rule 9 of the Civil Procedure Code. Nevertheless he- ordered restoration of the suit. He did so by invoking the inherent jurisdiction of the Court preserved by and mentioned in section 151 of the Civil Procedure Code. The..

Category: Civil Law | Date: | Hits: 80

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......oner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been stated that the alleged proceeding having taken place in the United Kingdom, being outside the jurisdiction of Bangladesh that cannot be taken into cognizance under any law by any Court in Bangla..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33

Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..

Category: Criminal Law | Date: | Hits: 29

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..

Category: Property Law | Date: | Hits: 28

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ...... during the assessment year which was not included in the family expenses and, as such, the enhancement of the family expenses by the Assistant Commissioner of Taxes is absolutely illegal and without jurisdiction. It is further asserted that in computing the family expenses the Assistant Commissione..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....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. ......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)

...., 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. ......f the Finance Act, 1998 also. Therefore, reading Fourth Schedule of the Finance Bill, 1998 along with Standing Order 46/98 Cus dated 11-6-98.  We do not find that the customs authority acted without jurisdiction in making the impugned order. It was also argued that the respondent had no authority t..

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

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....wing manner- “The Court will have to decide in each Case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of person for invoking the discretionary jurisdiction under Article 102 of the Constitution. Ordinarily it is the affected part...... “The Court will have to decide in each Case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of person for invoking the discretionary jurisdiction under Article 102 of the Constitution. Ordinarily it is the affected party which is to ..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....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. ......hile appreciating the anxiety of Mr Ahmed on the health condition of the accused-petitioner we, in the facts and circumstances of the Case, are of the view that this is not a fit Case to exercise our jurisdiction under the aforesaid proviso to allow bail to the accused-petitioner charged under such ..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... 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. ......ce on record. 21. The trial Court also found that the decree passed in Title Suit No. 264 of 1984, declared the initiation of a VP Case in respect of the suit lands illegal, and without any lawful jurisdiction, (Exhibit No. ‘Uma’ and ‘Uma-1’). Appeal preferred by a brother of defendants 5..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....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. ......lity at the instance of the defendants, the learned Munsif held that in view of the Administrative Tribunal Act (Act VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentati..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....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. ......ned Sessions Judge about the competency of the petitioner as a Magistrate was uncalled for and, as such, liable to be expunged. Besides, he submits, the Learned Judge traveled beyond the scope of his jurisdiction as an Appellate Court in recommending withdrawal of the Magisterial power of the petiti..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....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. ...... no relationship of landlord and tenant exists now and, as such, the petitioners are at present in illegal occupation and are trespassers in the house. Hence, they have no locus standi to invoke writ jurisdiction under Article 102 of the Constitution. Having considered the submission made by the lea..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... 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. ...... the Appellate Division. 14. Nurul Huq further submits that apart torn the question of Order 7 rule 11 of the Code of civil Procedure in an appropriate Case the Court can exercise its inherent jurisdiction for ends of justice. In this regard he has referred to the Case of Burmah Eastern Ltd V..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......e alleged to have been committed before Revenue Court in a Mutation Proceeding before whom alleged forged Judgment of the learned Munsif was filed by them and therefore, the learned Magistrate has no jurisdiction to take cognizance of offence under sections 467/471/109 of the Penal Code against peti..

Category: Criminal Law | Date: | Hits: 59