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Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....on to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......ucted by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) Jud......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....h Court Division passed in Writ Petition Nos. 3112 of 2000 discharging the Rule obtained challenging the assessments of the imported used/reconditioned vehicles on the basis of Yellow Book Value instead of Invoice/transaction value and also challenging the notification being SRO No.41/AIR/2000/1818/...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......09. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the High Court Division in Writ Petition No. 3112 of 2000). Judg...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
.... raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185......., Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....bdul Malek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Referred To- Jadav Chandra Mali vs. Abdul Khaleque 27 DLR (AD) 114; Hosne Ara Begum & others vs. Anowara Begum 37 ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......rty No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in Miscellaneous Appe......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....y 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharr......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......r the same but with no effect. He lastly submits that the trial Court after considering the materials on record rightly decreed the suit which calls for no interference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels for both sides, let us now weig......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....sed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No. 58 of 2000, which affirmed the order of the trial Court dismissing the prayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter refe...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......ion No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appe...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
.... Ed. This Case is also Reported in: 59 DLR (2007) 115. ......it (Partition) No. 1 of 2005 in the Court of the Joint District Judge, 2nd Court, Lalmonirhat. In that suit he filed a petition under Order XXXIX, rule 1 of the Code of Civil Procedure praying for ad interim injunction restraining the defendants from changing the nature and character of the suit pro......or the Respondents. First Miscellaneous Appeal No. 61 of 2005. Judgment Md. Arayesuddin J.- This Miscellaneous Appeal has been preferred by the defendant against the judgment and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Su......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....during rainy season. Therefore, the plaintiffs were constrained to file the suit. 4. Defendant Nos. 15-36 contested the suit by filing a written statement denying all the material allegations made in the plaint. Their case, in short, is that Balukhali Khal is far off from Sailokupa. Since 195...... maintainable. 13. The plaintiffs as the petitioners obtained Rule from this Court impugning judgment and decree passed by the lower appellate Court but on the date of issuance of the Rule, no interim order in the form of injunction was passed against the defendants. Therefore, there was no i......he provisions of section 91 of the Local Government Ordinance, 1976 were not complied with prior to the institution of the suit. The fate of this Rule hinges on maintainability of the suit. In order to address this point, let us have a glimpse over section 91 of the Local Government Ordinance...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....aiman Ali along with other police constables carried out a raid on 3-9-93 in the Oil-Mill of the accused-appellant at Kathal Baria Morh under Rajpara PS of the District Rajshahi in order to seize the adulterated mustard oil, kept for the purpose of sale with an intention to have higher profit by way......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......he State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions Jud......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ...... Criminal Appeal No. 3722 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Faruq has been preferred against the judgment and order of conviction and sentence dated 26-8-2004 passed by the judge of the Metropolitan Special Tri......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....int District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... denies it. Moreover, it is reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to do so, take advantage of the...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
.... State................................... Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; ......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ce of death imposed upon accused Md. Roushan Mondal @ Hashem upon finding him guilty under section 6(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, ("the Ain") by the judgment and order dated 13-1-2004 passed by him sitting as the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and A......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
.... Anhar Ahamed Chowdhury and another..........Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karachi 171; Shankarkal Narayan Das ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... execute and deliver the said sale deed, which defendant Nos. 1 and 2 were contractually bound and legally obliged to do. Moreover, they proceeded to mortgage the said apartment to defendant No. 3 in order to obtain a loan which is mala fide and fraudulent act of them. Hence the suit. 4. The defe......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....…………………Respondent Judgment December 15, 2005. Cases Referred To- State vs. Aynul Huq 9 MLR 393 = 9 BLC 529; Gouranga Kumar Saha vs. State 2 BLC (AD) 126; Abdul Motaleb Howlader vs. State, 5 MLR (AD) 362 = 6 BLC (AD) 1; State vs. Md. Shafiqul Islam, 43 DLR (AD) 92; State v......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 19......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..Category: Criminal Law | Date: | Hits: 40
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orde......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......ition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....vate Limited Company having its registered Office at 60/1, Purana Paltan, 1st Floor, Dhaka under sections 162 and 163 of the Companies Act, 1913. 2. The petitioner’s case, in short, is that, he had executed an agreement on 26-10-89 and subsequently, another agreement was also executed on 13-11-......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......y against sufficient security by way of mortgage, hypothecation, etc. of the project assets of the Company. The respondent No. 4 is a secured creditor and his interest should not be jeopardised by an order of winding up passed by this Court. The respondent No. 4 has stated that it has advanced subst......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......bul Ahmed, Advocates—For the Opposite Party No. 1. Civil Revision No. 3682 of 2003. Judgment Sheikh Abdul Awal J.- This Rule at the instance of defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in pa......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42