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Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... P.W.2 was examined on 13.10.2004, and therefore he correctly indicated the time of dispossession. P.W.3 also deposed that the defendants in collusion with Meher Mondal had evicted the plaintiffs. In view of the above discussion it is clear that the plaintiffs proved their dispossession from the sui..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
.... 7. Mr. Harunur Rashid, the learned Advocate appearing for the appellant submits that the learned Judge of the Tribunal failed to consider the inherent infirmity of the prosecution witnesses and came erroneous finding in convicting the appellant and the victim P.W.1 disclosed about the occurrence af......ake that proposal to her father. But instead, the convict was hatching up conspiracy to commit sexual intercourse with her. On 20-12-2002 at about 7-30 PM while the P.W.1 was coming back home after viewing television from her brother-in-law's house, on the way near the house of the convict, she ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......n in this context that the forgoing provisions are almost all new enactments and there are no provisions as such to this effect in the Income Tax ordinance 1922. Therefore, it is our considerate view that this is a special privilege that has been given by the legislature to a certain group..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....as being barred by res judicata in as much as the material issues of Other Suit No.41 of 1974 were directly and substantially in issues of the instant suit but the learned subordinate judge erroneously framed other issue just to take away the sight of others from the issues framed in the e......ceeding of the execution case was stayed by order dated 18-7-1995 by the subordinate judge, Chittagong in Other Suit No. 100 of 1995. From the facts and circumstances as discussed above we are of the view that the plaintiff respondent has been ceased to retain any right title and interest in the sui..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......eposed that the family of the deceased was a rich family and he denied that he gave evidence in exchange for money. He further denied defence suggestion that the place of occurrence could not be viewed from his shop and denied that the Appellants did not give any blow with knives. 11. Anot..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... impugned order then he preferred the instant appeal. 3. The learned advocate appearing for the appellant submits that only the other day i.e. on 17-01-2011 charge was framed in this case, in that view of the matter the trial will be further delayed and the appellant by this time is languishing i..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ...... of a liberal meaning to sub-section (2) of section 6 of the Artha Rin Adalat Ain, 2003 will deprive the borrowers of this special privilege which has been granted to them by a statute. 10. So, in view of the above discussions our view is that since in the present case the ad valorem court fee wa..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......tained the age of superannuation, i.e., 57 years on 25-2-2009. 7. It has been contended that since the date of birth of the petitioner was 27-2-1952 and that he was a freedom fighter as such, in view of section 4A of the Public Servants (Retirement) (Amendment) Act, 2010 he was entitled to..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......eged recovery of the arms and ammunition from the control and possession of the petitioner from the place of occurrence. 13. Considering all these aspect of the case we are constrained to hold the view that this is absolutely a case of no evidence and the petitioner is also entitled to get benefi..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......titioners preferred the instant application. 5. The learned Counsel appearing for the petitioners submits that the allegations as embodied in the first information report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......an of Grameen Bank. 2. In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Managing Director of the Bank as the age of superannuation being 6..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......3 informant’s father went with the accused person taking Tk. 5,000/- for collecting Visa to Dhaka but did not return home and thereafter his dead body was found in the pond of one Iqbal Hossain. In view of the fact the trial court framed the charge on 16.10.2005 in the following manner: "আম..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......, the age of the victim would be today is 43 days short of attaining her 18 years of age. As per section 2(ta) of the Nari-O-Shishu Nirjatan Daman Ain the victim can not be said to be a child. In any view of the matter when the victim after remaining in the safe custody for about 10 months after her..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......submitted themselves to the jurisdiction of the Civil Court i.e. the trial court and thereby they failed to avail the opportunity of resorting to arbitration by seeking stay of the suit. In that view of the matter the High Court Division rightly observed as follows:
"So none of the pa..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... of the Artha Rin Suit. 6. Mr. S. M. Moonir, the learned Advocate appearing for the petitioner supports the Rule and submits that the pledged goods were under control of the creditor-bank and in view of section 12(1) (2) of the Ain, sale of pledged goods is a pre-condition of filing an Artha Ri..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the Court, of fresh evidence and the application is made to import it.", and they reiterated this view in stronger terms even in the later case of Parsotim Vs. Lal Mohan 58 IA 254: (AIR (18) 1931 PC..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......rned Advocate rather has admitted the fact in a passive manner. 7. It appears that in the impugned auction notice, the date fixed for holding auction on 22.8.2010 has already expired and in that view of the matter the writ petition has become infructuous. Moreover, the Rule is directed against ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ...... Divorces(Registration) Rules, 1975 as amended by SRO 10-Law/2001 dated 14-1-2001 and that he will be deemed to be a permanent Nikah Registrar and entitled to be given a permanent licence and in that view of the matter the licence of the respondent No.1 cannot be cancelled without giving him a prior..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ...... 9. The Settlement-Officer, by his letter bearing Memo .No.12/257/-5th/528-2075 dated 16.6.2002, informed the Director (land records and surveys) that there is no scope for reopening the matter in view of the fact that the committee constituted for that purpose has already decided the matter. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
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