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Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....eekers of Justice in whose favour Judicial verdict had been pronounced are to wait, wait and wait to be favoured ultimately with fruit of verdict and sometimes they become victims of justice in the hands of those litigants. The Civil proceeding in hand is an apt paradigm how Judgment and Decree ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....he was fighting for dower and maintenance by instituting a prior family suit against her husband, who is plaintiff in the present suit. She appears to be diligent in pursuing the matter. On the other hand, the plaintiff-petitioner who allegedly got married for the second time without consent of his ......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....interfere in the internal management of private companies by issuing any injunction as prayed for. Their further case is that as is the custom of the company the notice of board meeting was served by hand. But plaintiff No.2 and his wife deliberately absented themselves from the meeting as they are ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
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Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... 2010, run as follows; On 20th August 1975 the whole of Bangladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Khandakar Mushtaque Ahmed purportedly took over “all and full powers of the government of the Peopl......ficers wanted him hanged. Out of the forty six senior army officers, summoned by Zia to discuss the issue, all were in favour of this ultimate and final form of punishment” (page 29-30). In thefoot note, Barrister Moudud mentioned, “This was disclosed tohim by Zia himself”. 26. In a recent ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....wed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ramprasanna, ILR 1955 Cutt 653; Raghbir Lala Vs. Md. Said, AIR 1943 PC 7; Sitabai Ramchandra Jaltare Vs. Masjid Nurun Mohalla Jingerwadi, AIR 1979 Bom 109; Rikhu Dev, Chela Bawa Haarjug ......her and equally important type of Hindu religious endowment which is described as Math or Muttum. ’Math', in ordinary language, signifies an abode or residence of ascetics. In legal parlance, it connotes a monastic institution presided over by a superior and established for the use and benefit of ..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
.... of a notice asking to show cause and then, upon hearing, within 90 days to make a final demand in respect of any VAT or tax unpaid, evaded or less paid." 12. He further observed: "On the other hand, section 37 of the said Act defines various offences and punishments for such offence. Before a...... Pursuant to that inspection the respondents initiated Anium Case No.129 of 2008 dated 29-1-2008 against the petitioners and it was recommended to realize Tk.1,06,35,382.25 from then through demand note following which the respondent No.3, the Commissioner, Customs, Excise and VAT, Chittagong on 1..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....ny Vs. State of Kerala and others; Damodarau P and others Vs. state of Kerala and others; State of Kerala and others Vs. Revada Candrasekhar and others, 2001 SCC (Gri) 1048 = AIR 2081 SC 2637; Paran Chandra Baroi Vs. The State, BCR 1982 HCD 292; Nurul Huq and others Vs. State, BCR 1982 (HCD) 332; St......other law is not necessarily the same as the concept of "possession" under the Explosive Substance Act, 1908 or the Arms Act, 1878. Concept of "possession" under the Act of 1908 or the Act of 1878 connotes an element of consciousness in the person charged with the offence………………………..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....s. when the defendant No.3 Md. Sukur Mahmud, examined himself as D.W.1 and further examined three others D.Ws. The P.W.1 only filed an information slip which has been marked as Exhibit-1 on the other hand the defendants filed the original copy of the documents of the registered sub-kabala being No.7......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ian Enemy Property (Land Appeal Board) Tangail Vs. Bholanath Guha, 36 DLR (AD) 79; Reazuddin Vs. Jatindra Kishore, 37 DLR (AD) 202; Munipal Council, Sujanpur Vs. Surinder Kumar, (2006) 5 SCC 173; SN Chandrashekar Vs. State of Karnataka, (2006) 3 SCC 208; Bombay Dyeing and Mfg. Co. Ltd., Vs. Bombay E......endant No.1 by the Judgment and decree dated 26-8-1972, declaring right, title and interest of the predecessors of the petitioners in respect of 5.17acres of land in suit CS Plot 560/669- It may be noted that the Circle Officer (Revenue) Tejgaon, Dhaka in his report dated 7-7-1969 filed in Miscell..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....dings at any stage, it will not do so except only under rare and exceptional circumstances………………………….(18) Cases Referred to- Hanaraj Vs. Emp, AIR 1940 Nag 390 (393); Nafar Chandra, 25 Cr. L.J 189; Murtiza Khan AIR 1934 Nag. 138; Amirbus 36 Cr. LJ 331; Shariful Islam Vs. Bi......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
.... Heba-Bil-Ewaz deeds being Deeds No.7546 and 7547 dated 28.3.1974 in the Court and they did not take any step to prove those deeds as genuine by comparing the signature of thumb impression therein by hand writing expert. The learned Advocate further submits that the suit land is situated in the juri......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
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Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....r there is no such glaring defect on the fact of this proceeding to make the proceeding untenable………………………….(20) Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Nair Vs. State of Kerala, 1961 Ker LT 110; State o......tead land in favour of the bank and also made registered General Ammokhtarnama being registration No.2850 and a deed of equitable mortgage and that also made all kinds of contracts such as promissory note, letter of guarantee with bank on 19.06.1995; that on 08.05.1997 the complainant bank on the sa..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....cate further submits that the impugned order suffers from patent illegality and infirmity inasmuch as by passing an order of status quo which is in fact an order of injunction the appellant have been handicapped in proceeding with the execution case and this impugned order frustrated the decree of t......vacating the order of stay. 4. In the application for vacating the stay and from the supplementary affidavit-in-opposition filed by the appellants it appears that the facts which have already been noted have been reiterated in this affidavit and application. Therefore, we need not restate the sam..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....………..(12) Conduct of writ petitioner In invoking the writ jurisdiction, the writ petitioner's conduct must be clear and clean. The seeker of enforcing fundamental right must be of clean hands. The invoker should not move to any jurisdiction before invoking the writ jurisdiction. A writ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....) (2009) 764. ...... have been mentioned out of which the suit land has been shown to be 6 decimals of land only in plot No. 351 and no boundary of said 6 decimals has been given in the schedule of the plaint. It may be noted that in each of the 4 deeds the area of land has been mentioned as 6 decimals and minor Nimai ..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....in force the Government issued a notice on 30-1-79 to the said Mohammad Moinuddin to surrender possession of the house within 7 days. Then there were correspondences between the Government o6 the one hand and Mohammad Moinuddin on the other hand. MA Quasim, Mohammed Moinuddin and his wife Mrs. Jamil......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....the whole incident. P.W.2 Abdullah who happens to be an eye-witness to the occurrence stated that while he was at the Purinda Bazar, he heard some sounds of gun-shots and came out with a torch in his hand and Abul Hossain and Kashem Ali also accompanied him. The dacoits fled towards the south and th......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
.... Lal Vs. King Emperor 1925 AIR (Oudh) 433 and Saleha Khatun Vs. State 39 DLR 109. 10. Mr. Zakir Ahmed, the learned Advocate for the opposite party No.1 in this revisional application, on the other hand, contended that this revisional application being a second revisional application should not be......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ry Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additional Deputy Commissioner, Dhaka, 41 DLR 326; Jogesh Chandra Lodh Vs. Province of East Pakistan, 9 DLR; Mrs. Maleka Siraj Vs. Bangladesh, WP No.2713 of 20...... opportunity to issue suo motu rule under the scheme envisaged by Article 102 of the Constitution. He is of the view that the phrases, “on the application of any person aggrieved”, necessarily connote that there must be an application by an aggrieved person, to set the judicial review machinery ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....t of Tk. 50,000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advance money was taken back and the seller sold the lands to the pre-emptors for an amount of Tk.60,000/- and handed over possession to them. The preemptors were in knowledge of the sale and they were offered t......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
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