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Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....llip;…………………………………….Opposite Party Judgment March 27, 2008. Result: The Rule is made absolute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 On......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......he defendant was a defaulter inasmuch as he did not pay any rent since December, 1998 to February, 1999 and thereafter, the defendant on pretext started to pay the rent through postal money order. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not based o......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....y;med J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 200...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......A has been inserted by Act No.111 of 2006 as under: "138A. Restriction in respect of appeal-Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence under sub-section (1) of section 138 shall lie, unless an amount of not less ...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), section 66 The Code of Criminal Procedure, 1898 (Act No. V of 1898), sections 164, 342 The Constitution of Bangladesh, 1972, article 35 (4) The age of the accused at the time of the occurrence and at the tim......ess under section 164 of the CrPC and the statement recorded as a judicial confession subsequently are almost verbatim. We are perplexed by the mystery as to how and where the accused was kept in the interim period from 8-6-81, when he appears to have confessed his guilt before a Magistrate, and 7-7......peal No. 4953 of 1991 (Dhaka) with Jail Appeal No. 4954 of 1991 (Dhaka). Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23-9-85 passed by the learned Additional Sessions Judge-in-Ch......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)

....ide. Jail Appeal No.4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M......under section 164 of the Cr. P.C. and the statement recorded as a judicial confession subsequently are almost verbatim. We are perplexed by the mystery as to how and where the accused was kept in the interim period from 8.6.81, when he appears to have confessed his guilt before a Magistrate, and 7.7.........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. Case......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)

....rt 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. ......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. ......case having been concluded on finding of facts as such no interference is called for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of ......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. ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

.... learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......s. Criminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 30.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No.3845 of 2......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

....ne of the appellate authorities is empowered to direct the Deputy Commissioner of Taxes to follow a system of calculation to estimate the sales, which is not sanctioned by the Ordinance or the Rules made thereunder. On behalf of the assessee, such illegal rebate was definitely obtained by misleading...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......d. Abdur Rashid J— As the parties in the above references are the same and the questions of law referred to are also common, we heard them together and now, dispose of them by this judgment and order. 2. The questions of law referred to this Division for determination are as follows: ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

...., 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh, 42 DLR 434. Lawyers ......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. ......passed by the, learned Assistant Judge, Atowari, Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. The opposite party Nos. 1-8 as pl......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. ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....o prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner. Subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exists. Nevertheless, the prosecution must establish the char......t Md. Farid Miah 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) 903. ....... Criminal Appeal No.1476 of 2004. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 410 of the Code of Criminal Procedure is directed against the judgment and order dated 24-3-2002 passed by the learned Additional Sessions Judge, 2nd Court, Kishoregonj in Se......t Md. Farid Miah 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) 903. ..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

....t Judgment February 12, 2008. Result: The application is allowed. Lawyers Involved: M. Hafizullah, Senior Advocate with Md. Al-Amin Sarker, Advocate - For the Petitioner. Muhammad Ohiullah, Advocate - For the Respondent. Company Matter No.179 of 2007. Judgment S...... 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. ...... 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. ...... 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

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....�………………………………(25) Cases Referred to- Mrs. Nilufar Majid Vs. Mukbul Ahmed, 1984 BLD page-79; Rahel Chaloon Vs. Ramele Khatoon, 22 DLR 245. Lawyers Involved: Md. Emdadul Hossain, Advocate - For the Petitioners. Md. Ziaur Rahman, Advocate - For the Opposite. C......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......n the opposite party No.1 to show cause as to why the judgment and decree dated 14.05.2005 passed by the learned Additional District Judge in Paribarik Appeal No.32 of 2005 reversing the judgment and order dated 9.03.2005 passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Fam......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....) 804. ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......l Latif (Md.)……………..Petitioners Vs. Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)

.... Ilias (Md.) …………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................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 suc......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. ......e — For Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-1999, 16-6-1999, 26-7-1999, ......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. ..

Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210

Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....ove 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, wholesale, stevedoring, readymade garments, bricks, etc. He won 22-11-98 submitted his income tax return for the assessment y......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. ......aria Sarker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment Md. Abdur Rashid J. - The above reference was presented against an order dated 19-9-2002 passed by the Taxes Appellate Tribunal in ITA No. 4319 of 2001-2002 in respec......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)

....ent: Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2......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. ......Respondents Judgment January 21, 2008. Result: The Rule is made absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and mate......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)

....ment for a period of 6(six) months more. 2. The prosecution case, in short, is that Md. Shafiqul Islam as complainant filed petition of complaint before the learned Magistrate, First Class, Sadar Thana, Dinajpur on 15-5-2000 implicating the appellant Mostafa alias Masta and 3 others which w......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. ...... Criminal Appeal No.1198 of 2002. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is directed against the judgment and order dated 15-4-2002 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Di......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)

....on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Amin-Ullah, Advocate and another…………………Petitioners Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka and others…�...... 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. ......3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this rul...... 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)

....cial Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Humayun Hossain Khan..................Petitioner Vs. Government of the People's Republic of Bangladesh ...................Respondents Judgment January 8, 2008. Result: The Rule ......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. ......verments made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Utt......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. ..

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)

....lant-Petitioners Vs. Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being d...... 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. ...... Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha...... 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)

....ent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......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. ......n No.157 of 2007, Reference Application No.158 of 2007, and Reference Application No.159 of 2007. Judgment Mohammad Abdur Rashid J.- The above references were presented against a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dis......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. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

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