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Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)

....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......ellip;……….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a sub­sisting interest in the holding when he files an application for pre-emption but must continue to hold the s..

Category: Property Law | Date: 20 Jan, 2014 | Hits: 44

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......cree of Taka 6,90,13,116.90 (six crore ninety lac thirteen thousand one hundred sixteen and paisa ninety) only as on 31-10-2008 in favour of plaintiff and against the defendant; (b) A decree for interest @ 16% on suit value w.e.f. 1-6-2007 to till realization in full; with some other prayers in..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......y cause unreasonable delay in the disposal of a case. Section 13 of the Act restricts adjournment of the trial of a case unless the Tribunal is of the opinion that the adjournment is necessary in the interest of justice, that is to say, the Tribunal shall not allow any unnecessary adjournment of the..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......Miscellaneous Case No.17 of 2001 in the Court of the District Judge, Dhaka under Article 27 of the House Building Finance Order No.1973 (PO No.7 of 1973) for realization of the loan amount along with interest, being an amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......be limited to the extent to which the estate of the deceased is capable of meeting the liability. (4) For the purposes of this section and other provisions of this Ordinance in which the rights, interest and liabilities of the deceased arc involved, "legal representative" includes an ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ...... delivered to the bank or the auction purchaser pursuant to execution of sale deed, the dispute may be settled by the bank with the consent of the auction purchaser taking care of the purchaser's interest by way of execu­tion of a deed of reconveyance by the purchaser as she is the wife of a..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......merce and service delivery well-oiled and operational. Allowance is, there­fore, made for private bodies and individuals to assume a hybrid character in discharging responsibilities in the public interest. How has this Court, therefore, to accept the intrinsic worth of such an assumption as posi..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......s of the Special Case before the learned trial Judge and this is why, he failed to surrender before the learned trial Judge during the pendency of the case and this being the state of affairs, in the interest of justice, an opportunity may be afforded to the appellant to place his version by remandi..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ...... and seek to hold them accountable, so that the constitutional office bearers of the Republic are not persuaded or influenced by any external exigency or political expediency or any other superfluous interests. Because the petitioner demand the observance of the rule of law and adherence to the cons..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......some atrocities and unleashed a reign of terror through training of Al-Badr, Rajakars and auxiliary forces and guided the occupation army to commit holocaust in the name of Islam. The petitioners are interested to see that a political party guilty of such heinous crimes is not given registration and..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......e by the District Judge is appealable to the High Court, whose decision will be the final. 12. Section 47(2) of the ordinance is for application for enrolment which can be made by "a person interested in the waqf and that expres­sion has been defined in the definition clause. 13. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......No.3 to issue shares in favour of the respondent Nos.3-5, was to dilute the shares of the petitioners and to enable himself to dispose of the property of the respondent No.1company in contrary to the interest of the respon­dent No.1company. That is why the respondent No.3 transferred the propert..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......in). Subsequently one of the Director, namely, Abul Kalam Azad filed applications dated 7-7-2011 and 11-7-2011 with the petitioner Bank referring the aforesaid Artha Rin Suit and prayed for waiver of interest. But the proposals, being not acceptable, were not consid­ered by the petitioner-bank. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......of revision under section 120 of the Income Tax Ordinance 1984 if it appears to the higher authority of the DCT concern that any assessment made by the DCT concern is erroneous and prejudicial to the interest of the Revenue and in that case it may invoke its power and re-open the assessment of any p..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......delivered possession of the suit land to them and since then the defendants have been residing thereon by mutating their name and paying rents to the Government. The plaintiff has no right, title and interest in the suit land and, as such, the suit is liable to be dismissed. 4. The learned Assi..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......ahman also sold some land on different date to the defen­dants, thus the defendants have been possessing the suit land acquiring the same from Amzadur Rahman. The plaintiffs have no right, title, interest and possession into the suit land the suit is liable to be dismissed with cost. 11. Up..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ...... Vs. Nasiruddin Chowdhury cited in 5 BLC (AD) 144, the Apex Court in a detailed discussion accepted the position that a legitimate expectation cannot be defeated by the executive action unless public interest clearly requires negation of such an expectation can be given effect to by the Court only w..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......9;s godown to buyer's factory by truck @ BDT 40,000 per MT as per beneficiary's Proforma Invoice No. MHB2011-05042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall not be declared to have been made without lawful autho..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium period for one year from the date of Gas connection along with waiver of all interest as per guidelines of the respondent No.2 the Bangladesh Bank. 2. Since the execution c..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......awful authority and is of no legal effect. 3. Mr. Ahsanul Karim, the learned Advocate appearing for the respondent No.5 submits that State Acquisition Act, 1951 has taken over all rent receiving interest in respect of Fisheries, Ferries and all that which includes Maowa Ferry Ghat , therefore, ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3