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Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....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. ...... The Code had been registered on the basis of the letter of the Director General of Police as Crime No.268 of 1997 of Kuthuparamba Police Station. Supreme Court of India took into stock the scheme of provisions of section 154, 155, 156, 157, 162, 169, 170 and 173 of The Code and came to hold: Und..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....not be adduced by him when the order was passed, without strict proof of such allegations. In the present case Miscellaneous Case was allowed ex parte by the learned Munsif without complying with the mandatory provision of Sub-Section 13 of Section 143A. 37. Mutation proceedings are done under th......des for an alternative right to right to file a case before the Civil Court for correction of bonafide mistakes of the record of rights. 33. The omitted Section 143A runs as follows: "Special provisions for correcting mistakes in the record of rights:- (1) Any person aggrieved by an entr..Category: Property Law | Date: | Hits: 115
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......tha Jari Case No.488 of 2003 before the Adalat. It also transpires from the writ petition that attempts were taken to realize the decretal dues by auction sale of the mortgaged property following the provisions of section 33(1) and 33(4) of the Ain but the mortgaged property could not be sold in auc..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....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. ......nce in no way present petitioner can avoid his criminal liability for which he has been charged in CR Case No.249 of 1997. 7. To appreciate the contentions raised, it will be useful to examine the provisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code pro..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....tances of a case do not come within the ambit of order 39 rule 1 in that case always the court can exercise its inherent power, not only in making prohibitory injunction but can also pass an order of mandatory injunction in temporary form under order 39 and that view expressed by the Appellate Divis......ppellants no proper justice would be done to the plaintiffs in the instant case. The learned advocate further submits that in instituting the present suit the respondents are wide conscious about the provisions of law as contained in section 56(k) of the Specific Relief Act in that no Court can be i..Category: Civil Law | Date: | Hits: 87
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....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. ......e above two Judgments the Government has not taken any action for excluding the disputed building from the list of abandoned property by notifying in official Gazette. 10. We have gone through the provisions of Ordinance No.LIV of 1985, the Abandoned Buildings (Supplementary Provisions) Ordinance..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....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. ......oits had taken to their heels and another and a separate transaction came into being when they started firing and in course of such firing if anyone is killed they will be punishable under some other provisions of the Penal Code than under section 396 of the Penal Code. The word murder appearing in ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....n carried out barren of nod from the concerned authorities such as the respondents No.1, the Department of Environment etc. No prior approval for filling in Begunbari Canal was taken, notwithstanding mandatory statutory requirement to that effect. The respondent No.3 concealed the fact that the buil....... 40. Over and above a decision to impose a penalty, RAJUK had also resolved to demolish such portion of the building which had been constructed in desolation of approval, by engaging the opposite provisions of the Building Construction Rules. RAJUK also required BGMEA to construct a bridge, for ..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ...... The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case wher..Category: Civil Law | Date: | Hits: 281
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....ank should be declared illegal, without jurisdiction and is of no legal effect. 11. Mr. Goswami, the learned Advocate further submits that the plaintiff bank filed the Artha Rin suit violating the mandatory provision of section 47 of the Ain, 2003. The bank was barred from filing any suit for rec...... as contemplated under sub-section (6) and (7) of section 12 of the Ain, 2003 and issued certificate under section 33(7) of the Ain, 2003 in favour of the plaintiff bank. So, we have to look into the provisions of subsection (6) and (7) of section 12 of the Ain, 2003 which reads as follows:- 12. ..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... Petition. By the amendment in rule 66, the closed-end mutual funds and scheme have been reiterated the restriction to enhance number of units and size by any means within the tenure, reinforcing the provisions of the definition of closed-end mutual fund. But the closed-end mutual funds are still at..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......In the present case, I find that the judgment of the trial Court is well reasoned and based on elaborate discussion and is amply supported by evidence, both oral and documentary, as well as the legal provisions and the Court of appeal below failed to reverse those findings by cogent reasonings. 1..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......at the seized Truck was left in open space in the thana after it was seized in connection with the above case and it has been exposed to sun and rain resulting in gradual damage. He argues that under provisions of section 516A of the Code the petitioner is entitled to get the said seized Truck in hi..Category: Procedural Law | Date: | Hits: 194
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... payable on the basis of final assessment and the difference between them to be paid by the importer or by the exporter……………(13) The word "shall" used in section 81 of the Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear viol......ference between them to be paid by the importer or by the exporter……………(13) The word "shall" used in section 81 of the Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear violation and without making final assessment, respondent..Category: Fiscal/Taxation Law | Date: | Hits: 194
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......Act provides for determination of value for
HC-45fixing the Value Added Tax, Sub-section (2) provides that VAT has to be payable on the value or consideration receipt from the buyer. There are two provisions to that sub-section; first one deals with determination of VAT payable value and second o..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....laintiff-petitioner referred to the Limitation Act particularly Article 158 and 175 and submits that Arbitration Act being special law, the time limit provided in the sections shall be construed as mandatory and section 5 of Limitation Act has no manner of application in this matter. Learned Advoc......of Arbitration Act as well as Limitation Act are required to be referred to. We have already referred section 30 and 33 before. Now, we refer section 37 and 42. Section 37 runs as:— "(1) All the provisions of the Limitation Act, 1908 (IX of 1908) shall apply to arbitrations as they apply to p..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......any documents were admitted in evidence to lay foundation of his decision. So, the learned Advocate submits that the impugned Judgment and order is apparently illegal and arbitrary as the statutory provisions in proving the case have not been complied with. As such, the impugned order is liable to..Category: Civil Law | Date: | Hits: 161
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......o been provided in sub-section (2) of section 5 of the Act that procedure of summons cases shall apply to the proceedings of the Court of a Special Judge insofar as they are not inconsistent with the provisions of the Criminal Law Amendment Act. Procedure of trial before a Special Judge are to be or..Category: Criminal Law | Date: | Hits: 70
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....tory tribunal(authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detaining authority has not complied with various mandatory provisions of the Special Powers Act, 1974 and therefore it cannot be said that the detenu......nable the detenue to make a representation in writing against the order and also did not inform the detenue of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time ..Category: Criminal Law | Date: | Hits: 78
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......e writ petition, supplementary affidavit, affidavit-in-opposition, supplementary affidavit-in-opposition, the impugned order and the connected materials on record. We have also studied the relevant provisions of law as well as the decisions as referred to by learned Advocate for the petitioner in ..Category: Civil Law | Date: | Hits: 176
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