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Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....-committee submitted its final report to the Cell and it was approved by the Cell in its meeting dated 25-8-92. The Ministry of Industries by Gazette Notification dated 22-10-88 gave direction to the financial institutions for providing appropriate working capital to the concerned industrial project......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......��………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of the recommendation made by the Sick Ind......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......age or such other person as aforesaid refusal to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence cannot find the defendant and there is no agent empowered to accept service of the summons on his behalf, of any other person on whom service can be m......�……………..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Cha......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ssain after the liberation who then was residing at 101, Hrishikesh Das Road, Dhaka. His father-in‑law Kazi Nooruddin was his lawful attorney to manage all the affairs of the property by registered power of attorney dated 28‑7‑72. The said bharatia Mollah Abdul Majid got the case property enli...... the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his b......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......ence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned Judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ......se or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, A......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ....... Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually com......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... for certain period and being in such position, she could appoint her successor but she did not appoint her successor and in that view of the matter, when she left the premises without exercising her power, the office of the Shebait had automatically reverted to the plaintiff who is the only heir of......�….Petitioner Vs. Biresh Ranjan Dhar and others…………………………….Opposite Parties Judgment November 12, 15, 2009. Result: The Rule is discharged. Case Referred to- Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All. Lawyers Involved: Fazlul ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ...... that: "Before the Deputy Commissioner acquires the jurisdiction to publish a notice under section 3 an agreement with the non- Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device." 22. In the above c......s ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. I......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......osal of the wakf property Muslim law literature is not free from the controversy as to what is and what not a valid waqf is. But there is hardly, if ever, any controversy about restriction on the power of a Mutawalli to make a permanent disposal of the wakf property completely dedicated to the r...... Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Ph......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......fication during subsistence whereof Letter of Credit were opened and the said vested right could not be adversely affected by the subsequent notification made by the Government in exercise of the power of delegated legislation. Learned counsel further submitted that section 14 of the VAT Act, 19..................................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... an inference that the judge was out to thwart urgency under the clock of vacation. 11. In the case of Alea Vs. Narayan, AIR 1949 Mad 283, it has been held that, "District Judge derives unfettered power of transfer or withdrawal of a case under section 24. In that case it has further been held th......on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicit......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....e cargo and in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-10-2010, for which under compelling circumstances and due to suffering huge financial loss and injury for delay in discharging the cargo the plaintiff submitted a claim of Taka......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......nform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......te without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly,......…………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......upchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exche......1A On exercising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash t......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... it were so, that would prevent its establishment from any but him. Third, he must confirm the acknowledger in his acknowledgment if he can give an account of himself; for one he can do so in his own power contrary to the case of a child who cannot account for himself." 17. In Khorshed Alam Vs. A....... This provision is based on the English rule that the child born in wedlock should be treated as the child of the man who was then the husband of the mother; unless it is shown that he had no access to the mother at the time of conception. When a child was born during the wedlock, there is an initi......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..

Category: Family Law | Date: | Hits: 114

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......the name of the petitioner, registration of the vehicle was never changed to the name of anybody. A detail procedure is laid down for transfer of ownership of a vehicle. Change of any money or the power of attorney would not constitute a valid transfer of ownership of the vehicle in law. The enti......rd of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule is made absolute. Cases Referred to- Haji Md. Mohsin Vs. the State, (1988) 40 DLR 431; Thiru Vs. Thanigachalam Vs. State of Tamil ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......e or proceeding. It is further stated that the appointing authority having appointed him as General Secretary on purely temporary basis no show cause notice is necessary. The appointing authority has power to make appointment and also the power to suspend or dismiss or relieve any appointee without ......) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The N......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......ed by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with th......others………………………Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......k (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor) entered appearance in the said Artha-Jari case by filing power and on 17-9-2006 filed an application for dismissal of the Money Execution Case on the ground ......e Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......respondent No. 4 Additional Deputy Commissioner (Revenue) Dhaka which is still pending and the impugned order came during the pendency of that application which is an absolutely arbitrary exercise of power by the respondents. 5. He also stated in the petition that the following civil cases are pe...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......e and registered the kabala deeds. Plaintiff No.1 on 3.11.98 got the certified copy of kabala No.3665 and came to know that in the same way, .27 acre of land in 'Ka' schedule land was registered by power of attorney holder, Abdul Salam on 16.6.87 whom the plaintiffs did not appointed 'Attorney'. I......eals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose pos......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

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