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Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....decreed the suit infavour of the plaintiffs. Mr. Faruqui lastly submitted that the plaintiffs in support of their case of auction purchase by Ali Ahmed as far back as on 20.06.1953 filed all the relevant documents which included the sale certificate, the writ of delivery of possession and prove......Law News Centre. Rasheda Begum was a pardanishin lady. At the ill advice of Manjurul Haque, the then-in-charge of Law News Centre Major Sharif obtained the signatures of Rasheda Begum in two contract papers and compromise applications against her will by putting threat to her. The contents of the co......d in: 29 BLD (HCD) (2009) 347. ......ngali it has been written as “হামলা চালায়”) in the peaceful possession of the plaintiffs by showing a decree. The bailiff of the Court having seen the valid title documents of the plaintiffs failed to execute the decree in Title Execution Case No.3 of 1980. Howev..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......lso Reported in: 28 BLD (HCD) (2008) 503. ...... প্রদান বা জারী করে বা দায় হিসাবে গ্রহন করে, 13. In the plaint it has been state that the plaintiff purchased the documents under FOBP No.04-78-97 for $ 2,11,449.20 equivalent Taka 1,49,66,966.43, proceeds reali..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....at the victim was not abducted and that being instigated by the enemies of the accused, the present case was tiled. 24. P.W.6 Mr. Golam Mostafa was the Magistrate, First Class, Satkhira during the relevant time. He deposed that he recorded the statement of victim Rina Karmaker on 27-3-1995 under ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....at the victim was not abducted and that being instigated by the enemies of the accused, the present case was tiled. 24. P.W.6 Mr. Golam Mostafa was the Magistrate, First Class, Satkhira during the relevant time. He deposed that he recorded the statement of victim Rina Karmaker on 27-3-1995 under ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......s also Reported in: 13 BLC (HCD) (2008) 572. ......No.2) in Artha Rin Adalat Case No.40 of 2004 rejecting the application of the petitioner filed under section 17(1) (2) of the Artha Rin Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renum..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ice. In other words, the procedure of quo warranto confers jurisdiction and authority on the judiciary to control executive action in the matters of making appointment to public offices against the relevant statutory provisions; it also protects the public/citizens from being deprived of a public ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are as follows: 3. The petitioner as plaintif......obtained the present rule. 8. Mr. Mohammad Ali, the learned Advocate appearing for the petitioner in the course of argument after placing the Revisional Application and other connected papers including plaint, impugned judgment and deposition of witnesses submits that the learned...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......rget of eviction for bonafide requirement. 5. At the trial the plaintiff examined 3 (three) witnesses and the defendant also examined 3(three) witnesses and both the parties filed series of documents to prove their respective claims. 6. The Trial Court on consideration of the evi..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....f the appellant, when examined under section 342 of the CrPC, to our mind, sheds some light in this regard. The appellant, when giving his explanation under section 342 of the CrPC stated that at the relevant time he was a student of Class-VI and that the police took him to the police station and be......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....pellant, when examined under section 342 of the Cr. P.C., to our mind, sheds some light in this regard. The appellant, when giving his explanation under section 342 of the Cr.P.C., stated that at the relevant time he was a student of Class-VI and that the police took him to the police station and be......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ...... and defendants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learned trial Court dismissed the suit of the ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......ants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learned trial Court dismissed the suit of the plaintiffs ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......also Reported in: 13 MLR (HCD) (2008) 193. ......cuted any Wasiyatnama by Nazir Hussain in 1965 in favour of defendant No.7. The trial court considered the entire evidence on the Wasiyatnama and the deed of gift and came to the finding that those documents are forged and fabricated and also not proved by competent witnesses. The trial court fur..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....ly, economically, properly and profitably as otherwise contemplated unless a confirmation as prayed for is allowed. 5. The learned Advocate for the Petitioner Mr. Md. Al-Amin Sarker has placed all relevant annexures in general and in particular the Objects Clause-III of the MOA and the minutes of...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......otostat copies filed being illegible the defendants were not in a position to prepare the written statement for which application was filed for direction upon the plaintiffs to file the documents and papers on which they relied upon in support of their case and the Court having allowed the said pray......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo......fendant Nos. 1 and 2 appeared in the suit and filed an application on 5-8-1997 under Order VII, rule 14(1) of the Code of Civil Procedure (the Code) for a direction upon the plaintiffs to produce the documents which they relied upon in the plaint in support of their case. The learned Subordinate Jud..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......Then notice under sections 79 and 83(1) of the Ordinance was issued fixing 15-3-99 for hearing. Pursuant to the notice an authorized representative on behalf of the assessed appeared and necessary papers were submitted in support of the return. Then, after fixing many dates for hearing and heari......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....stion of adequacy or sufficiency of the materials, but this Court will obviously interfere if it finds that the order of detention has been passed upon consideration of the grounds which are irrelevant for the purpose of the law or has left out of consideration relevant material. 9. I......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
.....-3, Anowara Begum who is also related to the complainant, has been set up as chance witness. Because it is not probable that a woman of distant place would come to the place of occurrence during the relevant time to graze goats. The story of grazing of goats near the house of complainant is a conco......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
..... The Government on considering of the aforesaid enquiry, report arrived at a decision as evidenced by Memo No.SHA-8/ RAJ-65/ 93/91 dated 29.06.94 which was written to the Chairman, RAJUK, Dhaka. The relevant portion of that decision is quoted hereunder:- (১) হুকুম দখল আইন......ing the road as directed by the Ministry of Housing and Public Works. The Ministry of Works on proper consideration of the map and as per earlier decisions of the Ministry dated 12.11.96 sent all the papers including plot index vide Memo No.Sha-8/Rajuk-65/93/319 dated 12.11.96 to the Ministry of Lan......e is also Reported in: 14 MLR (HCD) (2009) 264. ...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....মলাসমূহ এই আইনের অধীনেই দায়ের হইয়া ছিল। 13. As regards the pending suits those were filed under Artha Rin Adalat Ain, 1990 the relevant provision is as follows: উহারা পূর্বের আদালতে য......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins...... (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents for securing the loan. The petitioner obtained the loan with simple interest of Taka 13.6%..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9