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Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......pposite party to oppose the Rule. 9. The pertinent question that calls for our determination is whether the local investigation is necessary and proper for the purpose of elucidating the matter in dispute. 10. Now let us see the provision of law in this regard which is envisaged in order 26 Ru..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......dditional Commissioner of Taxes was authorized to issue a notice under section 120 of the Ordinance after the completion of the assessment in respect of particular assessment year, 10. There is no dispute that the assessment in respect of the assessment year 1998-99 in question was concluded by t..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....prepared and finally published by its Election Board. 3. Facts leading to issuance of the Rule in Writ Petition No.9390 of 2010, in brief, are that the central executive committee of NASCIB by its resolution dated 15.9.2010 formed an Election Board as well as an Election Appeal Board for holding ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......ho did what there and he also did not know any other thing. In cross examination this p.w. stated that all the accused are full brothers and he pleaded his ignorance as to whether the accused had any dispute with Minaj Master. P.W.4 is a rickshaw puller. He stated that he did not know Shaheda but he..Category: Criminal Law | Date: | Hits: 80
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....No.1. As per the conditions embodied in the said 'পরিপত্র', the new Union Parishad Complex Bhaban may be constructed at Biaghat Bazar as it is ideally suited therefor. In that regard, a resolution was taken by the Biaghat Union Parishad on 28.09.2008. Anyway, the Upazilla Nirbahi Offic......rishad. It is also admitted that the pre-existing Biaghat Union Parishad has been split into two separate Union Parishads, namely, Biaghat Union Parishad and Khubjipur Union Parishad. It is further undisputed that a resolution was taken by the Biaghat Union Parishad for construction of the new Compl..Category: Administrative Law | Date: | Hits: 261
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....he applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot do so unless authorised by a resolution of the Board of Directors of the company……………………………(18) Once an ......f Admiralty and the common law Courts was that this method of procedure became obsolete, but the Admiralty Court succeeded in establishing a right to arrest property which was the subject matter of a dispute, and to enforce its Judgment against the property so arrested, on the theory that a maritime..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ...... the salish had authority to reduce the amount of dower money as was affixed in the kabinnama and whether the verdict of the appellate Court to that effect dismissing the suit itself finding that the dispute ended in the salish, is a valid one or whether it has invited failure of justice, which are ..Category: Family Law | Date: | Hits: 122
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......ts that the allegation initiated in Sessions case No.1351 of 2007 (impugned case) against the accused petitioner and allegations enunciated in the Kotwali police Station case No.03(2)08 are the civil dispute and no criminal allegation lies upon the accused petitioner. He further submits that the dis..Category: Criminal Law | Date: | Hits: 107
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......udicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a dispute between the same parties or litigating under the same parties. The Doctrine, thus, is to ach..Category: Property Law | Date: | Hits: 69
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......principles. When the petition raises questions of fact ofcomplex nature, which may, for their determination require oralevidence to be taken, and on that account the High Court is ofthe view that the dispute may not appropriately be tried in awrit petition, the High Court may decline to try a petiti..Category: Criminal Law | Date: | Hits: 154
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ...... sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further stated in the written statement that after some progress of the work, a dispute cropped up between the defendant respondent No. 2 and the T&T Board which was ultimately..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......mud, 60 DLR (AD) 147 submits that the spirit of the said decision supports his submission that both criminal and Civil action can be maintained simultaneously and there is no bar to that. We do not dispute the said proposition as enunciated by the Appellate Division. But the VAT Act is absolutel..Category: Fiscal/Taxation Law | Date: | Hits: 135
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......dditional Divisional Commissioner Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... Words and phrases Letter of Credit The letter of credit is an independent contract and not qualified by the original contract of sale though it is based on it. It is also not affected by any dispute between the buyer and the seller. With the establishment of a letter of credit a contract is..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... giving rise to this Rule may briefly be put thus: 3. One Md. A Shahid as informant lodged an FIR stating, inter alia, that the accused persons are very dangerous and heinous character and after a dispute over the mashzid started fighting, then the brother of the informant, Wahid, went there to m..Category: Criminal Law | Date: | Hits: 66
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......n filed the present Title Suit namely- Title Suit No.227 of 2004 in the Court of 5th Joint District Judge, Dhaka, on the pleadings that they do not deny the liability of the loan but in view of the undisputed fact that Siemens gave an undertaking to repay the loan amount on behalf of the plaintiffs ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......o in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, more often than not, not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide..Category: Property Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......m several dags of Mouzas Boramoghbazar and Begunbari, pursuant to an agreement sealed between itself and the EPB, dated 7th May 2001. Clause 2 of the said covenant stipulates that in the event of any dispute on the title to the land, the responsibility shall lie on EPB. 35. BGMEA has in fact been..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......onsideration and is liable to be discharged. 10. I have heard the learned advocates of both the sides and perused the judgments passed by the Courts below and evidence on record. The only point of dispute in this case is whether the evidence facts and circumstances of the case established that th..Category: Civil Law | Date: | Hits: 192