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Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....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. ......sen­tencing him thereunder to suffer imprison­ment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment 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 l......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)

.... 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. ......he relevant papers as annexed therewith. Now to deal with the contentions raised by the learned Advocates before us, we feel it necessary to decide first whether in the facts and circumstances of the case there is any legal scope to direct the respondents to implement the Inter Ministerial Governmen......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..

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. ......pplied during the pendency of the suit which was filed before section 47 came into force was neither discussed nor decided in those judgments. Rather, the Appellate Division did not interfere in that case only for doing complete justice but did not consider the legal aspects involved in the matter. ......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)

.... 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. ......lief in this suit. Hence, the suit is liable to be dismissed. 4. During the trial plaintiff examined 2 witnesses and the defendant examined only 1 witness Tahsilder to prove their respective cases. The learned trial Court after hearing both the parties and perusing the evidence on record d......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..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....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. ...... of self-assessment. In reference No.159 of 2007, he submitted his income tax return for the assessment year 1997-98 claiming income of taka 98,380.00 on basis of self-assessment. 4. In all the cases, the Deputy Commissioner of Taxes was of the view that the assessee was the head of an undivid......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

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. ......………………Appellant Vs. Abdul Momen Chowdhury…………………..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 ......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)

.... 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. ......29.8.1995 was started. 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain  under Sections 302/201 of the Penal Code and on receipt of the case  record,  the  trial  Court  framed charge under the aforesaid Section...... 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)

....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.    ......uant to a previous order of the Court dated 1.3.2005 and consequentially the amount of Tk. 19,70,000.00 found lying in the account of the Marshal of the Admiralty Court, the Court in disposing of the case accordingly directed the Marshal of the Court to take necessary steps to make payment of Tk. 19......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)

....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. ......arifuddin 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 Report (shortly FIR) have been lodged with allegations of some form of......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

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......f accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropolitan Magistrate. 2. The prosecution case in short, is that on 8.3.2007 Sheikh Mahfuzur Rahman, S.I. Panchalish P.S. C.M.P. Chittagong pr......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)

....অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ...... করেনঃ "Let a Rule Nisi be issued calling upon the respondents to show cause as to why a direction should not be given upon the respondents to constitute vacation Courts for Civil cases during Civil Court vacation of the subordinate judiciary in every December order of orders a......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..

Category: Others | Date: 2 Dec, 2007 | Hits: 7

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ......of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007, allowed the miscellaneous case and transferred both the aforesaid title suits to the Court of Senior Assistant Judge, Barisa...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....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. ......quo; (underlined by us). The words in the third bracket, [প্রতিস্হাপন, সম্প্রসারণ] were inserted by the Finance Act, 2001 would not be applicable in the case of the petitioner since the petitioner paid input VAT before such insertion. 21. Under sub......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..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ...... learned Assistant Attorney-General Mr. Md. Abdul Kader Talukder (as he was then) made a prayer for hearing of the Writ Petition No.5721 of 1997 together with the other Writ Petitions inasmuch as the case property is one and the same and the prayer was allowed. However, this consolidated judgment di......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, ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

....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. ......cident to Malu and Lal Miah son of unknown and Nazmul Huq son of late Abdul Gani all of Village-Dauli. They told the complainant not to tell the mat­ter to any one, they also said not to file any case in the Thana and assured the complainant to make an amicable settlement in this regard. 3......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. ..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ......esult: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period i.e. 360 days, for conclud­ing trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial of a case cannot be c......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

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. ......st the members of 17 Samities out of proposed shops for construction numbering 3329, except the reserved quota of the Mayor of the corporation. So, in our view, still there is a scope to consider the case of the petitioner in respect of allotment of shops. 16. Having regard to facts we hold that ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..

Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....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. ......rent market price through any of the established procedures for doing so. 10. Respondent No.1 then on 02.08.07 filed further supplementary affidavit-in-opposition. In said affidavit, he denied the case of the petitioner that on receipt of the bills of entry the goods were assessed to duty on the ......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. ..

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.   ......ction, restraining the defendant Nos.1-3 from giving allotment to de­fendant nos.4 at the southern part of his plot No.28/B of Joypurhat Housing 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 w...... 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..

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. ......ave 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 annexure-c it appears that attempts were made to sell the mortgaged property in auction i......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