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Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
.... of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......uit land, after the death of the aforesaid record tenants devolved upon Pach Kori Das. Pach Kori Das while possessing the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plaintiff's predecessor by reg......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. ......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)
.... This Case is also Reported in: 16 MLR (HCD) (2011) 300.......nt served a notice to the petitioner by his advocate on 13.08.2006. The said notice was returned undelivered to the complainant on 22.08.2006. The petitioner requested the complainant to wait for sometimes. Because of request of the petitioner, the complainant waited some days and again presented th...... 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...Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: ......ent rule is not maintainable inasmuch as the rule was issued for quashing the proceeding against the petitioner at the premature stage. She could agitate this matter before the concerned Court at the time of framing of charge but instead of doing so the present petitioner came forward to quash the p...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....ision 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. ......t the offence is qualified as the offence committed by a police officer on account of any act done in pursuance of any duty imposed or authority conferred on him, by this Act or any other law for the time being in force or any rule, order of direction lawfully made or given there under." 1......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. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....iddiquee J Md. Amzad Hossain Sarder alias Bhojey and others……………………………….Accused-Petitioner Vs. The State………………………………O......he deceased was assaulted by the accused petitioners and the informant and other witnesses brought him to the Hospital where he was declared dead and there are eye witnesses in this case, On the same time police investigated in the case and found truth in the F.I.R. story and submitted charge sheet.......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ite parties Judgment April 6, 2010. 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 s......ant Judge, there is no necessity for further determination of the question of service of summons." 6. The learned Counsel lastly submits that as the Government pleader appeared in suit in time so service of summons upon defendants were rightly exhausted in view of the Rule 281 of Civil....... 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 . ....... 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 . ..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)
.... in: 30 BLD (HCD) (2010) 249. ...... question left for consideration by this Division is whether in the facts and circumstances of the case in hand the Tribunal was justified in holding that the appeal was disposed of well within the time prescribed under section 42(4) of the Act on counting of limitation from the date of acceptanc......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. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…………………………......pondent 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 of taking cognizance. He further submits that for a prosecution as an abettor under sections 26...... 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 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. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......gitive from law and justice." 12. In the light of the above, we find that the writ is not maintainable and accordingly the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at ...... 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 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. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
.... important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......l disposal of the appeal.
The petitioners are permitted to add the additional grounds.
The petitioners are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....HCD) (2010) 235. ......tioners in course of their business-opened letter of credits for importing various goods of ready made Garments through loans and continuing their business regularly without any default for a long time. 4. It is further stated that the Respondent No.4 Assistant Director Bangladesh Bank vid......2004 rejected to approve the waiver of interest under the settlement arrangement. Thereafter, these Respondents Bank filed Artha Rin Suit 28 bf 2005 before the Artha Rin Adalat No.1, Chittagong for recovery of Tk.7,52,25,728.92 against Mr. Rustom Ali the amount of which comprises of various accou......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. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......ing this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse ......iling which, the plaintiff will be at liberty to recover khas possession through Court as per law. Leaned Judge further decreed that the plaintiff do get mesne profits from the defendant No. 1-3 till recovery of possession of the schedule properties. 14. Against this judgment, this appeal was f....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....n) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhan......unding Father of the Nation, a former Prime Minister of the Republic and, of course the Primordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered la......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
....
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………………………......ion 32 of the Act.
10. Learned advocate, Mr. A.K.M. Fazlul Hoque, appearing on behalf of the Anti Corruption Commission (ACC) submitted that the investigation of the instant case took place at a time when the country was under Emergency Rule, and the Emergency Power Ordinance 2007 and Emergency......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....lso Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... Though it is appreciated that the newspaper has brought to the notice of the public at large the illegality which have been committed by the law enforcing agencies and the judiciary, but at the same time, they should refrain from identifying children who are alleged to have committed criminal offen......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan ca......e and for directing the executing Court to execute the decree as it stand. 6. I have considered the submissions made by the learned Advocate for the petitioner. 7. This Court at the time of issuance of the Rule has called for the record of execution case as well as the record of c......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....wn the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......nce and materials on record, held that the case is barred by limitation and accordingly dismissed the preemption case, but the learned appellate Court though found that the case has been filed within time from date of completion of registration under section 67 of the Registration Act, but the learn......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
.... being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and......he present suit
though a suit for declaration of title, in fact was a suit for correction of
the plot No.168 in place of 138 and as such the suit for such correction of dag
no is heavily barred by time, but the learned Courts below did not consider
this question of limitation at all, and a s suc......rs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....ind any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ...... respondent. From the materials on record it appears that the respondent authority by Annexures-C series demanded various outstanding arrear VAT. Separate demand notices were issued at different times as per provisions of law but the petitioner knowing fully about the said arrear VAT liability......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....ed Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... 11. BK Mukharjea on relying on the PN Saraswati's TLL on endowment observed that for the purpose of perpetuating the worship of the deity, it is usual for the donor to make grants of land. Sometimes the gift of land is made to pious Brahmins, who received the Brahmottar for carrying on the wo...... of representation to protect its interest. It is a pragmatic, yet a legal solution to a difficult situation. Should it be held that a Shebait, who transferred the property, can only bring a suit for recovery? In most of the cases it will be an indirect approval of the dereliction of the shebait'......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
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