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Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......n required under the Ordinance to appear before a Family Court otherwise than as a witness is a pardahnashin lady, the Family Court may permit her to be represented by a duly authorised agent. In the case in hand the defendant-petitioner is the husband of the plaintiff-opposite-party and he is male ..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......of Taxes (Appeal) and the instant reference application is directed against that order. 3. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the applicant, submits that in the instant case the Commissioner of Taxes (Appeal) dismissed the appeal on the ground of limitation without giv..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......edure. The impugned order does not at all indicate about the satisfaction of the learned Court of appeal below about any sufficient cause justifying the default of the appellants. In the facts of the case, I am constrained to find that the learned Subordinate Judge failed to apply his judicial mind ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....assessment proceedings could be finalised within 30-6-84 as provided by section 34(2)(i)(g). Thus in the instant case the assumption of jurisdiction under section 34 is in question and it goes to the roots of the case. It must be remembered that the existence of jurisdiction is very different from t......ut the assessee applicant did not appear before the assessing authority in response to that notice as well. Thereafter the hearing was adjourned on several occasions and by an order dated 26-4-83 the case was fixed for hearing again on 16-5-83. There is a note dated 7-8-82 that the assessee refused ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......rit Petition No.548 of 1994 are respondents No.2-7 in Writ Petition No.464 of 1995 and the respondent No.2 of Writ Petition No.548 of 1994 is the petitioner in Writ Petition No.464 of 1994. 2. The case of the petitioners of Writ Petition No.548 of 1994 is that the case property being House No.12 ..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......ctor of Bangladesh Krishi Bank. The plaintiff is a private limited company and the defendants are the officials of a Bank which is the creature of President’s Order 27 of 1972. 3. The plaintiffs case in short is that for the purpose of extending and improving his cold storage for the storage of..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... the contracting parties and thereby rendering the aforesaid loan agreement nugatory substituting the loan agreement by New Industrial Policy, 1982 of the Government and illegally importing a third case of mistake under section 72 of the Contract Act without any pleading or evidence on record." ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......2.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of 2007 in respect of entertaining the applications under Section 498 of the Code of Criminal Procedure. 2. The case of the respondents, in short, is that they are permanent and law abiding citizens of Bangladesh..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......r dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Railway promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules.
3. The case of the respondent No 2, who was petitioner in the said I.R.O. Case, was that he along with some..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......85 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the suit plot and holding was originally owned a..Category: Property Law | Date: | Hits: 91
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......e ex parte decrees which was alternately withdrawn, Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the pe..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......No. 136 of 1987 under Section 17 of the Small Cause Courts Act for setting aside the ex parte decree and for restoration of the said suit in its original file and number. 7. The said Miscellaneous case was fixed for hearing on 2-8-90 and 2-8-90 being Government holiday, the file was put up for he..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......trading contract for the supply of Gantry Cranes and Spare Parts and, as such, it does not come within the scope of writ jurisdiction and in support of his contention he refers to the decision of the case of Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others reported in 39 DLR (AD) 8..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......opal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judg..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... is a Standing Committee of the Parliament Affairs, he is also the Leader of the Jatiya Party in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......7 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistrate, Dhaka should not ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......y opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by filing a written objection denying the case of the pre-emptors. 3. Then on 25-4-2000 the petitioner made an application for an order for..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......olice torture. It was noticed by the trial Court that sheeted witnesses No.8, 13 and 16 we examined without any explanation but, according to it, such non-examination has not affected the prosecution case. P.W. 15, a constable of police, identified the dead body before P.W. 17 Dr. Ajmal Hossain who ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ...... in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and got possession of schedule ‘..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......f the hat is taken over from the plaintiff, it would suffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situ..Category: Property Law | Date: | Hits: 105
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