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Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of a......) (2013) 301. ......s. Agrani bank, reported in 54 DLR (AD) 6. 10. Heard the learned Advocates at length; perused the impugned judgment and decree. From the submissions of the learned Advocates it appears that only question is to be resolved whether Title Suit No.93 of 2001 instituted by the plaintiff-appellant pr..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......n filed under section 561A, the supplementary affidavit, the counter affidavit and to all the documents annexed theirwith submits that, as it is apparent from the petition of complaint the cheques in question were all account payee cheuqes, hence it was deposited in the Dutch Bangla Bank, that is in..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......for 6 (six) months more. 2. The prosecution case, as stated by the P.W.1 informant, are that, on 18-10-1998 at about 10-00 AM while his brother deceased Abul Hashem was clearing weeks from paddy land at a distance of 100 yards from his homestead accused Abul Hashem having been passing away from......n with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....ship of those, the port authority destroyed those. It can also be presumed that the respondent, having exported the garments manufactured by imported 4, 02,919 yards of 100% polyester fabrics, was in possession of the relevant documents and admittedly on 5.8.2001 the respondent also procured the cop...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... dated 14.8.2001 informed the appellant No.1 that the fabrics imported by them have been utilized by them for manufacturing garments which were exported by them to France and further as the events in question had taken place before a year ago, one month's time is required to verify the events leadin..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ul Haque Vs. Sarafat Ali, reported in 46 DLR 57 where it has been held that, âMr. Abdur Rashid also argued that the lower appellate Court committed a serious error in law in its decision in finding possession of the defendants although the defendants did not specifically deny the allegation of pos......and decree dated 10-5-2003 passed by the learned Joint District Judge, Narsingdi decreeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were regi....... This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... is learnt that defendant No.1 transferred the suit land to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....d for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice to the provision...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......s vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ant Attorney-General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution, the petitioner called in question the legality of the letter under Nothi No.4/Mashak (f) Sthaniyo Rajoswa Audit/2007-2008/08/..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
.... dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and possession of the plaintiff in the suit land was subsisting as owner interest and possession of the ......s relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and possession of the plaintiff in the suit land was subsisting as owner interest and possession of the plaintiff in the suit land was subsistin......idul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......nicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......count of business transaction and that the accused-petitioner issued cheque of the said amount in favour of the complainant opposite party No.2 towards adjustment of the loan amount and the cheque in question was presented in the Bank within the period of its validity and admittedly the cheque was d..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....1 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right, title and possession over the suit land by way of purchase from the original recorded tenants; that on 22.11.......1999 in the Court of the then Subordinate Judge, 2nd Court, Narayangonj impleading the opposite party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right......s Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
.... by operation of law during 6-9-65 to 16-2-69 when the emergency was formally lifted, became vested properties and the Government may treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners, co-sharers ......Title Suit No.351 of 1994. 2. Plaintiffs instituted the suit for declaration of 16 annas title over the property described in the schedule to the plaint. It is the plaint case that the suit land along with other lands were belonged to Krishna Chandra Das, Kali Charan Das, Dagu Charan Das a......ourt records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... not file any case. Subsequently he sent another legal notice and filed the instant petition of complaint against the petitioner. The complainant did not disclose the date of receipt of the cheque in question and the complaint has been filed against the petitioner before cause of action as specified..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......quire any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......e petitioner he allowed the principal accused to carry the contraband goods through Gate No.5 violating the direction of the superior authority. In view of the facts of the present case the pertinent question is that whether the accused petitioner being a public servant acted in the discharge of his..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ...... plaintiff institutÂed Title Suit No.15 of 2002 in the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Court by the Judgment and decree dated 01-......der IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufÂficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Pleader without furnis...... Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......ch is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......by the Tribunal. 5. By filing affidavit-in-opposition on behalf of the Respondent No.2 the learned Assistant Attorney-General on the other hand, opposes the Rule. He submits that the appeal in question was filed on 14.10.2004 before the Appellate Tribunal and was placed before the Chairman ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... an abettor, no notice is necessary. 9. Upon perusal of the FIR, it appears that the allegation against the principal accused is that he did not disclose all his wealth, which he retained in his possession, in his own name or in the name of his wife or dependent and the other accused have assis...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......by vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......ation of the case. 6. Mr. M.A. Aziz Khan, learned advocate appearing on behalf of the respondent No.2-ACC submits that since the charge sheet has not yet been submitted in this case, there is no question of sanction being required as that sanction is required under section 32 only at the time o..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ioner is an individual tax payee having his separate Tax Identification Number and the ACC, if they so wish, may serve a notice under section 26(1) of the ACC Act for any property which may be in his possession. He points out that in the aforementioned decision it was held that in the commission of ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......by vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......betment against the writ petitioner No.2. The learned Advocate argues that if there is no chance of abetment in the offence alleged then the whole proceedings is a non-est and there is, therefore, no question of surrendering before the concerned Court, since the petitioner cannot he said to be a fug..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......ier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ...... 19.08.1998 of Respondent No.4 so far they are not in any way related with the so called involvement. The petitioner Vide letter dated 30.11.1998 also requested the Respondent No.8 to cheek up the question of bad loans in CIB report dated 30.06.1998 with the concerned Bank and also with the Bang..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7