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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 ......in Other Class Suit No.152 of 1994 till disposal of the miscellaneous case, but suddenly she fell in illness and left the Court premises. Thereafter, she was under treatment up to 6.10.1995. After recovery she went to Court on 28.10.1995 and came to learn about the ex parte decree. 6. Then she fi......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 ......such Board Meeting or any resolution with malafide intention. This illegal and fraudulent resolution was initially kept secret from the plaintiffs appellants as part of the well designed plan to take over control of the plaintiff No.1 company both over its finance and management. It is the further c......legal and fraudulent resolution was initially kept secret from the plaintiffs appellants as part of the well designed plan to take over control of the plaintiff No.1 company both over its finance and management. It is the further case of the plaintiffs that as soon as they came to know of the above ..
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...... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..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 ......ieves in the law of Karma according to which the good or bad deeds of a man produce corresponding results in the life to come. The position therefore is that in the Hindu system, religion and charity overlap each other and do not admit any differentiation. They are both integral parts of "Dharma' or......ng managed by a committee constituted from time to time. 4. In the application it is clearly stated that after the death of Shri Piyush Kanti Ghose, the committee appointed a new secretary for the management of the plaintiff’s affairs. The learned Joint District Judge rejected the application o..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...... and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful aut......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..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......nt must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by particular facts of the case in which such expression occurs. It is neither ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..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. ......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......marcated. Since incorrect entries and non entry of the names of the plaintiffs in the said RS khatian and mala fide claim of interest in the suit land by the principle defendants, a cloud was created over the right, title and interest of the plaintiffs in the suit land. The Title Suit No.280 of 1970...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..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......rise to this Rule may briefly be put thus: 3. One Md. A Shahid as informant lodged an FIR stating, inter alia, that the accused persons are very dangerous and heinous character and after a dispute over the mashzid started fighting, then the brother of the informant, Wahid, went there to mitigate ......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......f justice is that the learned trial court did not at all consider the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the question of possession over the suit land. Apart from that, defendant No.1 exhibited 4 rent receipts namely Ext. Nos. 6, 6(......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......…….(19) The High Court Division under section 561A should not usurp the jurisdiction of trial court and the continuation of the proceeding will not amount to abuse process of the court. Moreover there is no such glaring defect on the fact of this proceeding to make the proceeding untenable......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..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......fact an order of injunction the appellant have been handicapped in proceeding with the execution case and this impugned order frustrated the decree of the Arthorin Adalat and these vital aspects were overlooked by the Trial Court in granting the order of status quo. The learned Advocate further subm......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..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...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Resu......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. ......een living jointly and that on 17-2-73 the plaintiff and defendant Nos. 5-7, transferred the 24 decimals of land of Plot No. 351 to the defendant Nos. 1-4 vide 4 deeds Nos. 391/392/393/394 and handed over possession of the suit land; the defendant Nos. 1-4 had been possessing the said 24 decimals of......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..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......) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respondents Ju......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...... ingredients of - (1) that there should be a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (2) that each and every member of such dacoity numbering over 5 are constructively liable for commission of the offence………………………………........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. ......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......sion (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..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......arty No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preemption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Opposite Party No.9, the seller in favour of pre-empte......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
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
.... the petition of complaint do not disclose the offence of cheating and criminal breach of trust and consequently, the proceedings of the aforesaid CR case are liable to be quashed. 6. On the other hand, Mr. Md. Mamunur Rahman, learned Assistant Attorney-General appearing for the State, submits th......r, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur dist......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
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