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Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... 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. ......of East Badda" and the Secretary of local Mosque namely "Baitul Sujud Zamey Mosque". 3. The Government through the respondent No.4 (Deputy Commissioner, Dhaka) made acquisition of 2760.00 acres of land of Badda and other 6(six) Mauzas in favour of Rajuk in L.A. Case No.138 of 1961-62 and in the y......rder 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. ......aterial allegation of the writ petition and contending, inter-alia, that the writ petition is not maintainable inasmuch as the writ petition based upon incorrect information it involves controversial question of facts cannot be decided in writ jurisdiction. The correspondences mentioned in the writ ..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)
....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. ......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. ......ose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ...... by the High Court Division in the judgment passed in the Writ Petition No.2526 of 2006 and in the judgment passed by the Appellate Division in Civil Petition for Leave to Appeal No. 608 of 2006. The question of law as to whether section 47 may be applied during the pendency of the suit which was fi..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....e of the said Bhama Baishnabi. About 60 years ago the said Bhama Baishnabi died leaving one heir and thereafter said Govinda, superior landlord of the Estate, took the 'A' schedule land in his khas possession. In the "B" schedule land said Govinda Chandra was owner in possession as Mirashi right......Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was the superior landlord in Mirashi......9. ...... 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. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ork out their rights by asking for partition; iii. till partition each member has got ownership extending over the entire property conjointly with rest; iv. as a result of such co-ownership the possession and enjoyment of the properties is common; v. no alienation of property is possible un......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......e. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......ng five appeals being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dis..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....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. ......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. ......urt's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......of the affidavit filed by him as the pretext of compliance of the Court's order dated 28-11-2007, it is difficult to consider and to accept, as the learned Advocate submitted, that the appeal in question has been filed by a person by name Md. Abu Safa. 5. In the background of the afore s..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....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. ......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. ...... This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......r the Opposite Party No.5 Mr. Kamal-ul-Alam has also submitted on the jurisdiction of an executing court as operates, albeit exceptionally and within extremely narrow limits, to go behind a decree in questioning its legality or correctness. That exception is well explained, for example in Sunder Das..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....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. ......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. ......ned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......9, 13166, 7677, 9103, 15148, 12489 of 2007. Judgment Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Repor..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
....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.
......The petitioner is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Industrial Area, Dhaka on an area of 10.05 acres of land. It is claimed to have got only fully automated and continuous process glass container and glas......f the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......ce from 22 square meters to 24 square meters and the claim for enhancing capacity of the melting area by two square meters cannot be considered extension of the factory or any part of it. The work in question may be accepted as renovation and repair, Annexure-A1. The Appellate Tribunal accepted the ..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....amely, Mrs. Atia Siddiqui for a plot of land measuring 1(one) bigha and 4(four) kattas situated a SE(K)-14, Road No.84, Gulshan Model Town, Dhaka and in due course, Mrs. Atia Siddiqui got delivery of possession of the said plot of land. Thereafter she constructed a two-storied building thereon ......IT) now renamed as Rajdhani Unnayan Kartipakha (RAJUK) executed a 99 years' lease agreement in favour of the full sister of the petitioner, namely, Mrs. Atia Siddiqui for a plot of land measuring 1(one) bigha and 4(four) kattas situated a SE(K)-14, Road No.84, Gulshan Model Town, ......ecords along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......he alleged, oral gift is invalid in law, the petitioner can not be the legal owner of the case property. Under Mrs. Atia Siddiqui, the Indian High Commission was in possession of the property in question as her tenant. But during the War of Liberation in 1971, it was left uncared for by th..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....cross examination he stated that the statement what he deposed. He denied that he did not know whether there was any quarrel between Moslem and Hanif with the father of the accused Fazlu about possession of the railway property. He further denied that this case was instituted by the mother o......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......h any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... she reproduced what she deposed. 7. P.W.2, Lipa, the victim in her examination in chief briefly stated the FIR story. In cross examination she remained silent without giving any answer of question put by the defence. 8. P.W.3, Md. Islamuddin, the father of the victim Lipa in his..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......te the submissions advanced by the learned Counsels, we have gone through the writ petition and other materials on record and given our anxious considerations to their submissions. 9. Now, the question which calls for consideration, whether the petitioner's Samity is entitled. to get allotm..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......ithin a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
...... that we may have to pass ultimately in disposing of the Rule, we are afraid we could deal and dispose of them exhaustively in this writ petition.
25. First, both parties seriously differed on the question of assessment of the goods, namely, sugar of Brazilian origin to duty. It is the case of th..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ...... Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the southern part of his plot was fallen vacant, for beautification of the area but the defe......vil Jurisdiction) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Par......ocate- For the Petitioner. Md. Golam Hossain Sarwar, Advocate- For the Opposite Parties. Civil Revision No.2152 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the judgment and decree dated 27-04-2005 passed by the learn..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....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. ......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. ...... date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......ot dependent on sub-section 5, 6 and 7 of section 33 of that Ain at all. Because when such certificate is issued under sub-section 7 of section 33 of the Artha Rin Adalat Am, 2003 there remains no question of paying off the decretal amount by the judgment-debtor and as such no necessity of arres..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......her stated that on the eastern side of the Jubaer house, there is a women's Madrasah. He further stated that after he went to the residence, he did not mention this occurrence to his wife or to the landlord but later on, he stated the occurrence to his wife but he did not disclose any thing to th......municate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......rtridges should be found from the said place, which totally demolished the prosecution case that the occurrence took place in front of Nira Nipa Pharmacy. Learned Advocate further submits that a question remains unanswered by the prosecution as to why form of first information report was not f..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......lah, Advocate - For the Respondents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (r..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....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. ......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. ......sed 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. ...... Judgment Syed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identica..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. ......tion on 10-8-1993 to the effect that on 9-8-1993 at about 7-00/7-30 PM he along with his sister's husband Saidur Rahman and his elder brother Aftab Uddin were gossiping in respect of cultivation of land sitting in the courtyard after taking their night meal; that at about 9-00 PM Saidur Rahman c......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......ccused and at the same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the duty of the Court to question accused properly and fairly for bringing home to his mind in clear and simple language the..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......own enemies murdered the deceased or that he falsely implicated the accused in the instant murder case. He further stated that accused Sikander and Yusuf were father and son. He mortgaged 10 katas of land for Tk. 10,000/00 to accused Sikandar. On the 1st of Baisakh 1408 B. S. he received a sum of Tk...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......h details of the occurrence in such a physical condition. Learned tribunal below also considered it difficult to place reliance on such dying declaration allegedly made by the deceased but he posed a question why should then his father, mother and brother undertake the pains and make a futile attemp..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
....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.
......ur Rahman, further submits that the 3 Respondent bank being a secured creditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawfu......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.
......dly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ Jurisdicti..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
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