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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. ......der 22 of the Code of Civil Procedure for setting aside the said order recording abatement. The learned Munsif by his order dismissed the Miscellaneous Case. In recording dismissal he took the view that the application had not been properly framed inasmuch as description of the parties as req..Category: Property Law | Date: | Hits: 28
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in respect of the said property showing that property as their own property. It is; therefore, clear that both the Assistant Commissioner of Taxes and the Appellate Tribunal most illegally taking an erroneous view of facts included said income in assessing the total income of the applicant since ap......ppellate Tribunal on misconception of law and facts included the income of the property of Hajipur in the total income of the applicant but the Appellate Joint Commissioner of Taxes, taking a correct view of the fact, deducted the said income on the ground that the property did not belong to the app..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. ......dent No.3 paid the balance amount of Taka 28,00,000.00 to BSRS on condition that BSRS would approve proposal of the company as contained in the letter dated 2-10-97, Annexure-C. The BSRS suggested in view of the proposal made in the letter dated 2- 10-97 that the respondent No. 3 may become the Mana..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. ...... of 1984 under Order 9, rule 13 of the Code of Civil Procedure was incompetent against the ex parte order dated 23-5-1984 passed by the learned District Judge in Miscellaneous Case No. 28 of 1979 in view of Sub-Article (10) of Article 27 of President’s Order 7 of inasmuch as, the said ex parte o..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. ......een barred. Under article 182 of the Limitation Act time for execution of a decree is three years from the date of the decree or order; or the date of final decree or order of the appellate Court. In view of the provisions, an execution to be validly proceeded with must satisfy that, the application..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. ......e point raised in the writ petition. As we have given our opinion on the points raised at the Bar on merit in this Case mere issuance of Rule by another Bench is no ground to debar us from giving our view on a point of law upon hearing a writ petition. Even a decision of a Division Bench is not alwa..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......rs Vs. State of Maharastra and others reported in AIR 1986 Supreme Court 180 wherefrom he shows some observations as regard the principle of natural justice. Observation is as below- “In our view the principles of natural justice know of no exclusionary rule dependent on whether it would ha..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. ......il under proviso to section 497(1) of the Code. While 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 b..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. ...... in getting such relief. 15. Lastly, he submits that if the facts and circumstances of the Case necessitate any remand, the Case should be sent to the appellate Court and not to the trial Court in view of the delay already occasioned in the proceeding of the suit. 16. I have perused the judgme..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. ......08-95 passed by the Subordinate Judge, Second Court, Kishoreganj in Miscellaneous Appeal No. 58 of 1992 affirming those dated 22-08-95 passed by the Senior Assistant Judge, at Sadar, Kishoreganj in Review Case No. 20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff join..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. ......tting at any stage of judicial proceedings. A certain degree of tolerance is always expected of a judicial officer. 14. In this regard, the learned Sessions Judge was right in taking a lenient view of the conduct of the offender. But his observation with regard to the conduct of dozing in a C..Category: Criminal Law | Date: | Hits: 29
....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.
......m one month’s time for filing an appeal to the RAJUK authority but the respondent No. 4 (the owner) neither filed any appeal nor removed the unauthorised construction in his plot.
9. In such view of the matter section 3(A) (2) of the Building Construction Act, 1952 is applicable to responde..
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 CS Khatian filed by the plaintiff appellants was forged and as such, the plaintiffs have no right, title as well as no particle interest in the suit plot. The plaintiff-appellants again filed a Review petition before the Appellate Division vide Civil Review petition No. 45 of 1998 and the Full C..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. ......idual or an aggrieved person and the criminal Court also can take cognizance on the basis of such complaint. At the outset it may be pointed out that there are conflicting decisions on the issue. One view is that a Revenue officer dealing with Mutation Proceeding is not” Revenue Court (Case of I..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......ric attack and forcible removal of the women of Tanbazar and Nimtali and their children made attempts to trace out the whereabouts of the distressed residents and learnt the same has been done with a view to rehabilitation. The press reporting published by various dailies revealed that women and chi..
Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......tial relief under Section 498 on an application for anticipatory bail. The reasons of these respondents-petitioners for anticipatory bail are misconceived and have no legal footing. 7. In that view of the case, this leave petition is disposed of and Criminal Miscellaneous Case No. 27555 of 20..Category: Criminal Law | Date: | Hits: 30
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......2.2006 informed the respondent No.1, inter alia, that as there was existence of two gifts of the same property and an affidavit was filed canceling the gift in faovur of the respondent No.1 that in view of the objection of the donor and that in the absence of proof of absolute title thereon, it w..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......on knowing that it would be acted upon by the person to whom it is made and, in fact it is so acted upon it is inequitable to allow the party making the promise to go back upon it. 24. In such view of the matter the leave petitioner and other respondents are bound by the doctrine of the equit..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......he High Court Division is liable to be interfered with. 7. We have heard the learned Counsel for the petitioner and perused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the complaint and also on appreciation of ..Category: Criminal Law | Date: | Hits: 34
Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......, 2009. Lawyers Involved: AK Badrul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by ..Category: Criminal Law | Date: | Hits: 46
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