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Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....led seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the compla......ven in the said case. 20. Section 141, clause (c) of the Negotiable Instruments Act has provided for trial of such case by a senior Court, namely the Court of Sessions. Thereafter, by a subsequent amendment dated 9-2-2006, the earlier section 138A, regarding filing of appeal against the Judgment ......w pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the complainant-opposite party No.1, in short, is that the complainant has filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka against the petitioner, on 3-6-2007, under se..Category: Criminal Law | Date: | Hits: 86
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......mder, with Abdul Barik Chowdhury, Advocates-For the Respondents. First Appeal No.216 of 2007 with Civil Rule No.497(f) of 2007. Judgment Sharifuddin Chaklader J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint Distric..Category: Property Law | Date: | Hits: 78
.... of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading t......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin ..
Category: Property Law | Date: | Hits: 173
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....teps would follow. The petitioner by letter dated 10‑6‑1998 replied that the relevant amendment has been made in the meeting held on 8-Â6‑1995 and the respondent by Memo dated 12‑10Â-1998 informed that by not amending the Articles of Association as required by the respondent the Company wa......er of directors be limited to 33 with each group having 11 directors amending the Articles of Association and another letter dated 19-Â5‑1997 of the respondents asked the, petitioner to effect the amendment in the Articles of Association by 5‑6‑1997 and to intimate its compliance. In the mean......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....ctions 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon eviden...... PC along with section 467 PC. Co-accused appellant Salema Khatun died during pendency of the above appeal. It is evident from the record that after receipt back of the case record by the Court below amendment of the charge was effected by addition of section 109 PC with section 467 PC as per direct...... 10. In order to clarify above confusion reference was made to the case of Jaharilal Vs. Ramjilal and others reported in AIR 1965 Rajasthan 19 as cited by the appellant in which Jaharilal made a complaint under sections 323/325 Penal Code against Ramjilal and others after whose appearance case pro..Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VA...... opportunities to rectify its representation had there been any ambiguity or inadvertent error therein. Any misrepresentation in the contractual documents could have been remedied by making necessary amendments prior to petitioner signing the contract but yet the government did not do so; this is cl......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....
2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eig......gment and order dated 24.1.2001 releasing a portion of the attached property (vide annexe:B-1 to the writ petition). The decree-holder bank after taking several adjournments, filed an application for amendment of the execution case on 25.7.2002, which the executing Court allowed on 6.5.2003.
3. I......g out of Artha Rin Suit No.182 of 1992) issuing warrant of arrest against the petitioners to put them in civil prison.
2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the peti..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....der dated 15.7.2003 passed by the Senior Assistant Judge (in charge), Baniachong, Habiganj in Titile Suit No.60 of 2001. By the said order the Senior Assistant Judge-in-charge rejected an application for temporary injunction filed by the plaintiff. 2. Petitioner Abdus Salam Laskar instituted Titl...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......he petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite party No.1. Civil Revision No. 5982 of 2007. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedur..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....l No.69 of 1982 dismissing the same on affirming those dated 11.5.1982 of the Subordinate Judge (now Joint District Judge), Second Court, Khulna passed in Title Suit No.319 of 1981 decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mo......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:  ...... decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mokter Ali Mondal (herein opposite party No.2) entered into an agreement with the plaintiff Sheikh Amin Uddin and his wife Mst. Rabeya Khatun (herein opposite party Nos.1 and 3 respe..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....vision No.67 (1) of 1987 allowing the same and thereby reversing those dated 20.12.1986 passed by the Upazila Magistrate, Bhahubal, Habiganj in Miscellaneous Case No.112 of 1986. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner as first party filed an application unde......f land appertaining to Plot No.1181 (described in the 2nd schedule) and appointed the Thana Revenue Officer, Bahubal as a receiver thereon. After so attachment the petitioner filed an application for amendment shifting his claim of possession from 116 decimals to 73 decimals of land in the 2nd sched......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278.
Lawyers Involved:
Md. Lutfor Rahman Mandal, Advocate-For the appellants.
Ms. Promila Biswas, Deputy Attorney General-For t....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
...... Biswas, Deputy Attorney General-For the respondents.
First Appeal No.188 of 2004.
with
Civil Rule No.432 (F) of 2004.
Judgment
Md. Ruhul Quddus J. - This appeal at the instance of the plaintiffs is directed against judgment and decree dated 17.6.2004 passed by the Joint District Judg..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
...... Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advoca......hall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable." 3. As it appears, section 20 provides for filing of a suit after amendment, making an application for the purpose of Court's order directing that the arbitration agr......iqul Textiles, a proprietary firm, seeking an order from the Court directing that the arbitraÂtion agreement be filed in the Court. There was a written contract between these parties under which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for prope..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....ust fail, because, occupancy holding being a protected interest, it could not be annulled at the instance of the auction purÂchaser of the touzi in revenue sale. 2. The plaintiff brought the suit for decÂlaration of his title to and recovery of khas possession in the suit land by evicting the d...... for bringing it under cultivation by establishing tenants on it, and including also the successors-in-interest of persons who have acquire such a right. The definition of raiyat as it was before the amendment of 1928 was that — means to hold land for the purpose of cultivating it by himself or by......hether the defendants held the suit property in occupancy right which is protecÂted or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction p..Category: Property Law | Date: | Hits: 58
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....ate instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. Jamiruddin Sircar, Senior Advocate, instructed by Md. Mojibur Rahman, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No.271 of 2010. (From the judgment and order dated 14th December, 2009 passed......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......12 of 2002 which had affirmed the judgement and decree dated 28.05.2002 passed by the Assistant Judge, Tarash, Sirajganj in Other Class Suit No.54 of 2001 dismissing the suit. 2. The petitioner as plaintiff filed Other Class Suit No.54 of 2001 before the Court of Assistant Judge, Tarash, Sirajgan..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.....2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/1......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....h, 2010 passed by a Division Bench of the High Court Division in Writ Petition No. 4480 of 2009 making the Rule absolute. 2. Respondent No.1 as petitioner filed the above mentioned writ petition before the High Court Division challenging the vires of regulation 52(1) of the Bangladesh Biman Corpo......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56....... Airlines Limited. The relationship between the Writ petitioner and respondent No.1 was master and servant and, as such, the writ petition was not maintainable. The writ-petitioner earlier filed a complaint case before the 3rd Labour Court, Dhaka being BLL Case No.151 of 2007 challenging the legalit..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co...... of 375 bighas will be unauthorized in law. 28. The High Court Division came to a finding that the total land under possession of Lamio Matbar was not more than 375 standard bighas before or after amendment of proviso to section 20 of the Act. The High Court Division further found that the Govern......rom the Judgment and Order dated 23-7-2002 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998). Judgment Syed Mahmud Hossain J.- These appeals, by Leave, by the plaintiff arise out of the judgment and order dated 23-7-2002 passed by a Single Bench of the High C..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
...., Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ......n of the post of PA attached to the Judges of the Supreme Court as Second Class Gazetted Officers, the post has been redesignated as Personal Officer (PO) like the Secretariat staff and corresponding amendments have been made in the First schedule to the High Court Division Rules placing them under ......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
....on is dismissed.
Lawyers Involved:
Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November,......tained the Rule.
7. From the impugned judgment and Order, it appears that the High Court Division considering the provisions of section 42 (2) of the VAT Act as it stood in 1995 and the subsequent amendment of the said section vide Finance Act, 1996 by which clausÂes (Ka) and (Kha) were inserted...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
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