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Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......peared at the time of hearing of the case although the opposite party filed power 10. On a meticulous examination of the evidence on record, exhibits, dakhilas, Hokum Nama and other connected papers and the judgment of both the Courts below it transpires that the lower appellate Court as we......Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... immovable property for more than the statutory period of 12 years uninterrupted on the basis thereof he acquired title to the said property by adverse possession notwithstanding the defect in the documents. Thus when there is an invalid transfer in favor of a person and he holds possession..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....e in the affidavit so filed by Mr. Md. Nawab Ali, the learned Advocate-on-Record and other materials attached thereto. The statements made in the affidavit and the papers attached thereto have no relevantly to the context of this court's order dated 28-11-2007. In view of the nature and kind o......pondents Order December 11, 2007. Result: The appeal is dismissed. Filing of a case by non-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an ap......………………..Respondents Order December 11, 2007. Result: The appeal is dismissed. Filing of a case by non-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the C......ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....nce; rather P.W.11 Bhabesh Shikder, a next door neighbour, by his evidence in cross-examination proved that the petitioner was not seen in the occurrence house from before the date of occurrence. The relevant portion of his evidence in cross-examination reads as under: “------যে দ......ার আগে থেকে মোক্তারকে দেখিনি মনোয়ারার বাড়ীতে”। 7. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We find from the evidence and materials on record that the p......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....tioner in its original application dated 10.3.2005 for execution of the Decree under Order 21, Rule 11(2) of the Code of Civil Procedure, 1908 ("the Code") having not made any prayer in the relevant Form No.(J) 47 for execution of the Decree against the Opposite Party No.5 and indeed havin......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....মতিক্রমে তৎপরবর্তী ১৫ দিবসের মধ্যে তদন্তকার্য সম্পন্ন করিবে।” 30. Rule 19ka is not relevant at this stage of the cases, as it prescribes time limit for trial. 31. As regards the ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
....so annexed the bills of entry, challans and release order of the imported goods as Annexure-J to J(33).
12. Mr. Khan Saifur Rahman, learned senior advocate for the petitioner took us through the relevant provisions of the VAT Act and submitted that the petitioner imported the materials, spares ......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......hellip;…………………………………………………Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....e owner Mrs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to the petitioner in presence of witnesses according to the Mohammedan Law and handed over the relevant papers in reject of the said property to the donee which she accepted. On the self-same dat......rs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to the petitioner in presence of witnesses according to the Mohammedan Law and handed over the relevant papers in reject of the said property to the donee which she accepted. On the self-same date, the do...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T......g the case property through the Indian High Commission as an allottee thereunder. However, the petitioner attempted to get her name mutated in the records of the DIT (now RAJUK) submitting some fishy documents; but ultimately, her prayer for mutation was turned down. The Government legally and valid..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....se of the goods pursuant to the interim order of this Division, which caused revenue loss of taka 6,42,62,862.42 if the goods could be assessed to duty at the rate of US$ 319.74 per metric ton at the relevant time and the customs authority had to issue a demand notice dated 16.11.05.
23. He submi......ry Noting and registration process under section 79 of the Custom Act;
V. The Appraiser then examines the documents and makes Assessment of custom duty under section 80 of Custom Act and sends the papers to the Principal Appraiser for confirmation of assessment and for issue of Assessment Notice.......: 27 BLD (HCD) (2007) 555.
......ter system was elaborately described as hereunder:
I. To release the consignment of imported goods the importer himself or his C & F agent fills up the Bill of Entry Form and fix all necessary documents concerning the import along with the said Form, a specimen of which is Annexure-X. The imp..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....sen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Bran......ed order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone through the writ petition and the papers annexed thereto. From the certified copies of the order passed in execution case, the annexu......d in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....re, was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union activities. He further submits that in view of the-admitted fact that at the relevant time, the respondents-workers were not at all officers of the trade union and that therefor......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another…………………………….......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... (2008) 354. ...... under sections 302/34 of the Penal Code to which the accused persons pleaded not guilty and claimed to be tried. 6. At the trial, the prosecution examined 16 witnesses and exhibited series of documents in support of its contention. The defence examined none. 7. After the close of the p..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....oresaid authorities are on section 35 of the Income Tax Act, 1922, which appear to be in pari materia with section 173 of the Ordinance. 33. Subsection 1 of section 173 of Ordinance, which is only relevant for our purpose, reads as follows: "Any income tax authority or the Appellate Tribunal m......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......……………………………………….Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ying declaration in the hospital narrating the incident which is genuine and true and the learned trial Judge was well justified in law in convicting and sentencing the accused appellants under the relevant law and the convict-accused Badil @ Badar absconded immediately after the occurrence and th......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....decree passed by the Bankruptcy Court and thus for all these reasons this Writ Petition is incompetent arid not maintainable.
5. We have perused the writ petition, affidavit-in-opposition and the relevant papers as annexed therewith and also considered the submissions made by the learned Advocat...... 13.09.1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999 and soon thereafter he contacted with his lawyer and after obtaining necessary papers he filed an application under section 40 of the Bankruptcy Act praying for review of the Judg...... Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Mosammat Momina Begum………………………Petitioner
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....e us is, whether RAJUK acted within its lawful authority in passing the impugned letters while cancelling the sanction granted on 18-2-1993 for construction of a 22-storied building. It would also be relevant to note that the Rajdhani Unnayan Kartripakkha (RAJUK) was set up under the Town Improvemen......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......intenance and operational activities. 61. The learned Counsel has further submitted in support of the non-applicability of the 1984 Rules but the writ-petitioners have not been able to produce any documents in this respect before the Court. Though the airport has been officially abandoned for r..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ss like Lokman, Bodiuzzaman and Liton, who alleged to have caught hold of accused Majid, were very much fatal for the prosecution which casts a doubt on prosecution case. 65. Withholding of most relevant and pertinent witnesses by the prosecution compels the Court to draw adverse presumption ......ly and being gained over by the informant submitted charge sheet after a perfunctory investigation. 43. On a meticulous analysis of the Judgment, evidence on record, exhibits and other connected papers it transpires that the prosecution examined as many as 12(twelve) witnesses in this case to......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....ubmitted that the petitioners could not seek relief earlier being afraid of the then ruling party in as much as the respondent No.3 was a Member of the Parliament belonging to the ruling party at the relevant time. It appears that the decision for appointment of the respondent No.3 as Principal was ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......D) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ...... going on and as such at this stage the accused petitioners may not be enlarged on bail. 7. We have heard the learned Advocates of both the sides, perused the application along with connected papers as filed therewith. It appears from the First Information Report that the present accused pe......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....2. The plaintiff
instituted a suit for a declaration of his title and further declaration that
the plaintiff is maintaining his family independently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindra Lal ......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
......has as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depositions of 14 witnesses and considering the evidences,
documents filed by the plaintiff dismissed the suit, against which the
plaintiff preferred this app..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....the judgment and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs in......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......laintiffs adduced 4 witnesses including plaintiff No.7 as P.W.1 in support of their case and the defendants examined 2 witnesses including the defendant No.1 and both parties exhibited and filed some documents. The learned Assistant Judge on consideration of the materials on record was pleased to de..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
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