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Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......85 against the opposite parties which was decreed ex parte on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and in column 2(ka) of the Form of the said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the pa..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards situated in the Distr..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......ction 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one year. 2. The prosecution case, briefly stated, is that SI Md. Raisuddin accompanied by a contingent of police force, went to ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......t should be noted that an order once takes effect, it cannot be stayed. If an order of suspension takes effect, it cannot be stayed till the same is finally disposed of on merit. 6. In the instant case, the operation of the impugned memo dated 20.10.10, placing the petitioner under suspension, wa..Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit in the 1st Court of Munsif at Dhaka, bei..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......on for submitting any supplementary charge-sheet against new, accused and it is clear violation of provisions of section 173(3B) of the Code of Criminal Procedure. He also submits that in the instant case, further investigation was held on the order of Police Commissioner, Khulna Metropolitan Police..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......sonment for life and convicting appellant No.2 Sultan Ali Bhuiyan under section 201 of the Penal Code and sentenced him thereunder to suffer rigorous imprisonment for two years. 2. The prosecution case, in short, is that, deceased Joynab Banu daughter of P.W.5 Shajiran was given in marriage to ap..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....hus, contradictions and inconsistencies are bound to creep in with the passage of time and, as such, much importance cannot be attached to them unless those are certain contradictions which go to the root of the matter. It is, also well recognised that first information report need not contain the m......al, diabolical, revolting and dastardly manner, acid burning and dowry death is rapidly growing and is assuming menacing proportion. Crimes are an affront to the human dignity of the society. In many cases victims are innocent and helpless minor girls and ladies. Stringent legislation like Nari-o-Sh..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......d the second party petitioner did not examine himself but examined two witnesses in support of his claim of possession. Both the parties also produced several documents in support of their respective cases. On consideration of the same learned Magistrate declared possession of the second party.
8..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......d of 3 months. 3. The learned Advocate appearing for the petitioner submits that the detenu has been detained on the basis of vague, unspecified and indefinite grounds. He further submits that two cases of 1996 and some General Diaries have been mentioned in para 2 of the grounds of detention. Ac..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......21, rule 29 of the Code was absolutely misconceived and not tenable in law. The learned Subordinate Judge under a total misconception and misapprehension of law stayed the proceeding of the execution case. The plaintiff (opposite party No.1) being a stranger or a third party to the previous decree, ..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circumstances of the case whether the Tribunal is justified to uphold the disallowances of Taka 2,04,750.00 in the Survey..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......y, has drawn our attention to the provisions of section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974. He also has drawn our attention to a decision of the Appellate Division in the case between Mvi Md Khurshid Alam Vs. Bangladesh reported in 50 DLR (AD) 82.
8. It appears to us ..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......hat no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.” 7. Mr Bhuiyan referred to a decision in the case of Munsur Ali Mallik Vs. Md Nurul Hoque Mallik and others reported in BCR 1986 (AD) 56. In that..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......eference applications, i.e. in Reference Application Nos. 222-223 of 1991 the following common questions have been framed for our decision: (1) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in treating the assessee as a local authority..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......session should not be taken as personal relief but has to be considered right in rem and whenever any report as to violation of order of the court is brought to the notice of court of justice in that case the court of justice should use the legal sword to stop the violation of the order of courts an..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......s. 4. Mr. Md. Nurul Islam Chowdhury, the learned Advocate has appeared in this appeal and he has contended that the Tribunal failed to apply its judicial mind to the facts and circumstances of the case and also failed to scrutinize the papers adduced before the Customs Authority. He has submitted..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......tivities which were opposed by the victim. The police, after investigation, submitted charge sheet under section 447/302/34 of the Penal Code against the petitioner and Abdul Ahad and Alim Uddin. The case was then sent to Sessions Court for trial and ultimately to the Court of Additional Sessions Ju..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......rials on record, was dismissed and being aggrieved there against the defendants moved the High Court Division in revision. 4. The High Court Division considering the facts and circumstances of the case and the materials on record as well as the submissions of the learned Advocates of the contesti..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......n one month of the date of decision on the tender. But the earnest money of the highest 3(three) bidders was not liable to be refunded till final disposal of the tender by the competent authority. In case a tender is accepted the deposited earnest money was to be adjusted with the bid price. In the ..Category: Others | Date: | Hits: 81
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