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Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ation Act, 1947 (Act No. VII of 1947), section 23 In case of any contraven­tion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodgi..

Category: Criminal Law | Date: | Hits: 109

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......f the Ministry of Religious Affairs, Government of Bangladesh with a prayer for removal of the petitioner and also with the prayer for keeping the paddy as grown by the Mutwalli in the jimma of a 3rd person or any other organisation till finalisation of the proceeding for removal of the petitioner f..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......General has referred to sub-section (1) of section 25 of the Ordinance as under: "Appeal.—(1) Any citizen of Bangladesh aggrieved by an order of refusal by the Director to grant a licence or any person aggrieved by an order of cancellation or suspension of his licence may, within thirty days fr..

Category: Civil Law | Date: | Hits: 124

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......quired. Provided that no property used by the public for the purpose of religious wor­ship, graveyard and cremation ground shall be acquired. Section 4. Objection against acquisition.- (1) Any person interested in any property which has been notified under section 3 as being needed or likely ..

Category: Property Law | Date: | Hits: 62

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......trate sent the case to the learned Sessions Judge who took Cognizance of an offence under sections 19(1) table 7(b) of the said Ain. 5. The learned Sessions Judge framed charge against the accused persons the aforesaid section of the Ain and examined 4 witnesses where after accused-petitioner Md...

Category: Criminal Law | Date: | Hits: 90

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......e learned Advocate for the petitioner let me consider the provision of section 9 of the Specific Relief Act which reads as follows:- "9. Suit by Person Dispossessed of Immoveable Property.- If any person is dispossessed without his consent of immoveable property otherwise than in due course of la..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ......s been provided under Section 27 of the Specific Relief Act wherein, it has been provided that specific performance of contract can be enforced against the parties of the agreement and that any other person claiming under him by a title having arisen subsequent to the contract, except the transferee..

Category: Civil Law | Date: | Hits: 103

Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)

.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......ে বিবাহ করি।’ This shows that according to the written com­plaint the complainant and the accused by themselves secretly married each other without the presence of any other person. This means that there was no allegation in the complaint that the accused deceitfully induce..

Category: Family Law | Date: | Hits: 108

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

...., said Mr. Panna. He said “Zia is the only traitor after Mirzafor” “We have no information about Zia’s role in the war of liberation” uttered Mr. Panna. 162. He expressed that an Inquiry Commission be set up to examine how many and who were killed by Zia and what was his role in......Mahmud-For the petitioners (In Writ Petition 826 of 2011) Dr. Shahdeen Malik, with Md. Tawhidul Islam, Advocates-For the Petitioner (In Writ Petition 7236 of 10). Major Ziauddin and others ((In person)-(In Writ Petition 1048 of 2011). And Md. Abdul Mazid (In person)-(In Writ Petition 105..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......uit in the representative capacity, the suit could not be treated as one of representative character. Some vital points are involved in this rule; they are whether the suit has been instituted in the personal capacity of deceased Shri Piyush Kanti Ghose and secondly, whether if the suit is institute..

Category: Civil Law | Date: | Hits: 104

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......r by a Mohorer named Ataur Rahman. Subsequently the complainant tried to put the certi­fied copy of the document, but the accused did not deliver it. So the complainant suspected that the accused person had done some mischief the com­plainant alleged that the accused person thus com­mitted off..

Category: Procedural Law | Date: | Hits: 92

Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)

....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. ......hority by any stretch of imagination cannot go for an action under section 37 of the VAT Act, which is a penal provision and which can be exercised only after deter­mination of the VAT evaded by any person under a given situation. Liability has to be fixed first under section 55 of the Act nothing ..

Category: Fiscal/Taxation Law | Date: | Hits: 135

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. ......ired to be judged taking into account over all fact and circumstance of the case with a practical, pragmatic and reasonable approach in appreciation of evidence let in to drive home guilt of accused, person. Mental distance between "may be true" and "must be true" and distinction between "conjecture..

Category: Criminal Law | Date: | Hits: 83

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....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. ......registered sub-kabala as mandated under Section 103 of the Evidence Act which runs as follows: “Burden of proof as to Particular Fact - The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the p..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... 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. ......were recorded in the finally published RS Khatian No.76. Subse­quently Moqbul Ahmed, Syed Ahmed and Khurshid Jahan Akter sold out 5.00 acres of land to the petitioner Nos.2 and 3 and other different persons. 7. Admitting the aforesaid position of the CS Khatian No.211 and corresponding to SA Kha..

Category: Property Law | Date: | Hits: 115

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....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. ......that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge must be with reference to the life of the person whose death is actually caused……………………………….(13) By 'intention' is..

Category: Criminal Law | Date: | Hits: 66

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....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. ...... declaration that the Heba-Bil-Ewaz deeds dated 13.01.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upon the plaintiffs and also f..

Category: Property Law | Date: | Hits: 66

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. ......n for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C loan of Taka 1,50,000/= that after taking loan he made mortgage deed with the bank and that the accused person No.1 took the shop room in monthly rent basis from the accused No.3, Ragib Ahsan alias Manu M..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....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. ......lity of entering into a tripartite agreement in respect of the loan amount amongst bank, the respondents and Siemens and that is why in addition of taking colateral security by way of mortgage of the personal property of the Chairman and Director of Contech Ltd. they also insisted upon the responden..

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. ......s by notification in the official Gazette. In pursuance of section 5 of this Ordinance the Government admittedly listed the disputed house as abandoned property. Section 7 which empowered an affected person to file an application against enlistment of a building as an abandoned building under sectio..

Category: Property Law | Date: | Hits: 77