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AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......controlling effect of this aid which is known as 'executive construc­tion' would depend upon various factors such as, the length of time for which it is followed, the nature of rights and property affected by it, the injustice result from its departure and the approval that it has receiv..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

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

....y;dence from a shopping mall, namely, Carrefour in Abu Dhabi purporting to show that those were used at the Embassy Office. Moreover, he spent 55 Dirhams from the public exchequer for binding of some personal books. In all, the accused-appel­lant misappropriated a sum of Taka 20,02,299 in Bangla......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.   ..

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)

....is misconceived and false. Clause 2(2) merely states that all consequences, good or bad flow from God. This is a strict reflection of the verses relating to the oneness of God. The State enforces the personal law of its citizens, which is of divine source. 319. Clause 4(3) the BJI constitution ......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.        ..

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)

....resulting from actions of the state or its instrumentalities sought to be remedied. The privilege must not be allowed to persons or organizations approaching Court with ulterior motive for satisfying personal grudge, generating publicity or public sensation. A brief account of the developments of PI......ation it is a 'private wrong' or 'private injury' specified as against the affected individual or the determinate class or group of persons. Since the injury to life, liberty, body or property is specific injury meted out to an individual or determinate class or group of persons reme..

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)

....smantled waqf property by selling some portions of waqf property as secular property. Waqf property has been enlisted as E/C Nos.3675B, 3675A and 3675, these properties never acquired or inherited or personal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in th......8; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this con­text section 50 a..

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

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ......ance and confidence, defendant No.1 created some documents with the signature of plaintiff No.1. The plaintiffs were taken by sur­prise when the defendants claimed to have pur­chased the suit property from the plaintiffs in 1996. At the instance of the plaintiffs there was conciliation meeti..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....the part of any director of the company, such director shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. This sub-section imposed personal liability upon the Managing Director of a Company for his action and/or his negligence. ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

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

....ioners enquired regarding the holding of AGM, suddenly the petitioners became aware that the respondent No.3 was selling the scheduled properties of respondent No.1 company most ille­gally and in personal capacity without the sanc­tion of the Board. The petitioners, seeking to uncover the il......es of the respondent Nos.4-5 in the register of the respondent No.1company, the respondent No.3 purportedly held illegal board meetings and without the proper quorum,, took resolution for selling the property of the company to another company without the proper consideration. From the activities of ..

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. ......shy;ered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auc­tion. A number of bids were submitted and high­est bid was submitted by one ..

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

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......act for sale not specifically enforceable.- "Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no contract for, sale of any immovable property can be specifically enforced unless- (a) the contract is in writing and registered u..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......5 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property pro­ceeding in respect of the suit land is legal and law­ful. 3. The further c..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......oan was issued only against defendant No.1, who was admittedly the main borrower. Mr. AZM Mohiuddin, learned advocate appearing for the respondent No. 3 Bank, on the other hand, submits that since no property was mortgaged in favour of the Bank, the Bank had no option but to proceed under section&nb..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

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.   ...... Court of appeal below rightly held "that the plaintiff is a 45 years old lady, she has two minor children. It is quite unnat­ural that depriving that minor child their mother could gift her property to her nephews." 10. Mr. Moudud Ahmed in support of his sub­mission has relie..

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

Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)

.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ......nt-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defe..

Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... Item Description of Goods As Per First Schedule & Remarks Commercial Description (brand no., model no., art no., chemical or physical property if necessary etc.) Quantity Quality H.S...

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ......roceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued war­rant of delivery of possession in favour of respon­dent No.2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......er XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party. 3.  Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the peti­tioner accepted the offer of sale at a consideration ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......n 7th Magh, 1392 BS corresponding to 21.01.1986 at about 2.00 P.M. the present appellants and others forming an unlawful assembly entered into the dwelling hut of the complainant which is a vested property and when he was not found, these persons assaulted his mother causing bleeding injury on h..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......it land. The plaintiff previously instituted two suits against the defendants, and having lost those has filed the instant suit. The plaintiff has no right, title, interest and possession in the suit property and there was no cause of action to file the suit and the suit was not maintainable in its ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......uary 26, 2013.   Result: The Rule is made absolute Setting-Aside Auction Sale on the Ground of Material Irregularity— The decree-holder got the plot numbers of the property correct which was sold in execu­tion of the decree after the confirmation of the sale w..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3