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State Vs. Moslem, 2002, 31 CLC (HCD)
.... on Judicial confession if it is established that it is true and voluntary and is substantiated by other evidences, whether direct or circumstantial and materials on record. 60. We are in complete agreement with the decisions rendered by Bishesh Adalat that the confession was true and voluntary. ...... Md. Abdul Hye J State……………………………………………….….Appellant Vs. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. E......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
....as empowered the Government to extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed whenever the Govt. deems it fit to do so.
11. We are quite in agreement with the above decision of the Appellate Division and find no substance in the submission ......DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addition of Party.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul A......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ilure of justice. Mr. Ahmed further contends that the Judgment of the appellate Court is not a judgment of reversal inasmuch as the trial Court specifically found that the defendant could not produce agreement, receipt or any other documents nor even any oral evidences by any DWs to prove or to subs...... Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively ......ndants rebutting the submissions of the learned Advocate for the petitioners submits that the appellate Court committed no error of law in finding that Jamina Khatoon had no subsisting interest after selling her share to her brother on 21-4-1969 and the plaintiffs also did not acquire right, title a..Category: Property Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......gment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Division in Civ......ned property and RAJUK administered the tender of the instant plot as the agent of the Ministry of Housing and Public Works subject to the instruction and approval of the Ministry, and instruction to sell was not received by RAJUK, but the High Court Division failed to consider the same. 7. The l..Category: Others | Date: | Hits: 81
....nection with a similar case of non-payment of loan taken from Shilpa Bank in the following language:-
"Obviously, speedy remedy against nonpayment of dues or breach of any obligations under the agreement with the Bank is seen to be its sole aim. This has to be, otherwise not only the Bank will......J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddi......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....ubmits, and the evidence of P.W. 8 has fully established the identity of appellant nos. 2-6, although P.Ws. 1-3 failed to identify them in the dock, he further submits. 25. We are in respectful agreement with the ratio decidendi of the decision reported in AIR 1925 (AH) 223. It is well settl...... Rattan & Others..............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar S......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....use the advance money would be realised from him when he would leave the station if it still remained unpaid. So he was in a hurry to realise the loan and it was on his initiative that a tripartite agreement was made between him, the appellant and defendant Kafiluddin providing that the properly......mediate effect. 2. The proceeding before the Tribunal was initiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubali Bank, Jamalpur Branch by addressing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the fac......he was going to be transferred from Jamalpur. P.W. 2 pressed the appellant hard for an early disposal of the aforesaid money execution case. At about this time defendant Kafiluddin was also trying to sell out the suit property under attachment to third parties. Successive signboards affixed upon t..Category: Others | Date: | Hits: 72
....tion 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed between Rajdhani Unnayan Kartripakkha (RAJUK) and MN Alam an......ravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazail and Co, PLD 1958 (WP) Karachi 27; 8 BLD 369 and 49 DLR 335.
...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....age which is the product financial assistance of the World Bank. 27. That the cause of action arises from the fact published by the Daily Inqilab on 3rd March 1997 that India has violated even the agreement of December, 1996 is submitted and listed in the Firisti form as No. 2.” Bu the averm......m Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and ......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
...., it is necessary to consider the relevant provisions of sub-section (1) and (6) of section 26 of the Electricity Act, 1910. The said provisions are set out hereunder:
(1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electrical quantity co.......
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....s draftsman of the said Bainapatra. It has been alleged that actually this Bainapatra dated 18-8-1996 is a forged Bainapatra which has never been executed by the informant and his brother and no such agreement for transfer of land as mentioned in the said false Bainapatra has ever been made with the...... BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....ingle judgment. 3. In Writ Petition No. 3127 of 1997 it has been stated that the property at No. 16/13, Block-B, Babar Road, Mohammadpur, Dhaka belonged to one Fouzdar Miah who entered into an agreement on 5-3-1973 for sale of the said property to the petitioner and subsequently, since the sa...... Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna,......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
.... defendant No. 2 the Executive Engineer of Roads and Highways Department of Noakhali Circle agreed to grant lease of the suit property, which is a road-side property, and consequently entered into an agreement to grant lease for the purpose of setting up of the petrol pump. The said Shahidul Huq m......gain for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahm......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
.... 3. The pre-emptor's case, put in a nutshell, is that, he along with vendors and others are the co-sharer tenants of the holding described in RS Khatian No. 171; that the pre-emptees made an oral agreement with the vendors to purchase the land under pre-emption at a consideration of Taka 3,000; ......ee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: L......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......nance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ...... made chargeable to tax can only arise from transfer of such capital asset. 18. Let us also understand the concept of capital gain and capital loss with the help of some illustration. When you sell an asset at a higher price than you paid for it, the difference is your capital gain. For examp..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....out jurisdiction. 3. The case of the plaintiffs, in short, is that Mohan Bashi Roy and Jashoda Sundari Roy being in ownership and possession of the suit land by virtue of gift entered into an agreement on 25-12-1975 with the plaintiffs to sell the suit land on receipt of Taka 55,000 as adv......…..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers invol......ntiffs, in short, is that Mohan Bashi Roy and Jashoda Sundari Roy being in ownership and possession of the suit land by virtue of gift entered into an agreement on 25-12-1975 with the plaintiffs to sell the suit land on receipt of Taka 55,000 as advance out of total consideration amounting to Taka..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ment, no other necessary steps, no decree, nothing. The financial institution is to get relief or reliefs in a summary manner which is not available in the form of a suit." 35. We are also in full agreement with the said view that the application heading as "Miscellaneous proceeding" initiated un......ents (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) ......having defaulted in complying with the terms of the said compromise decree the decree-holder Bank initiated Decree Execution Case No. 19 of 1998 on 23-3-98 for realisation of the decretal amount upon selling the mortgage property mentioned in the schedule of the decree. During continuation of the ex..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
..... Ahmed submits that/since the interest is the outcome of loan, expressed in percentage which the borrower is obliged to pay and the bank has a corresponding right to claim in pursuance of the loan agreement entered into between the lender Bank and the borrower. Countering the dictionary meaning......same cause of action are being disposed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date......f 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as security against such loan, sanctioned against back to back ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....tly, the disputes were referred to the Singapore International Arbitration Centre in Singapore. 4. In the course of arbitration, the parties reached understanding and settlement including an agreement dated 15-6-2004 that TRI shall transfer its shares in the Company to the petitioner ISL an......refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
.... least developed countries have been given an extension until 1-72003 to provide protection for Trade Marks, Copy Right, Patents and other Intellectual property under the World Trade Organisation's agreement following a decision reached by member countries on 29-11-2005. In that regard, our opinio...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......h the trade mark Liberty on the date of filing the application for registration of the Mark. The respondent (present appellant) is the registered proprietor of the mark and a leading manufacturer and seller of all sorts of leather shoes and sandals of various kinds since 1994 having adopted the word..Category: Intellectual Property Law | Date: | Hits: 198
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