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Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....bout 12.45 noon with forged currency notes and soon after entering into the room, the informant accompanied by other officers and forces entered into the said room and on being asked by the informant party, the accused admitted their offence, and in presence of the seizure witnesses accused Yunus br......having entered into room No. 25 of the hotel used to discuss with the constable Matiur Rahman and it was settled that the accused persons will give forged currency notes of Taka 20,000 subject to the payment of Taka 10,000 and thereafter they left the room for bringing the forged currency; that then......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..

Category: Criminal Law | Date: | Hits: 134

Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)

....rs to support the Rule, although the Rule appears in the daily cause list with the name of the learned Advocate for the petitioner. 5. The learned Assistant Attorney General appearing for opposite party No.1 opposes the Rule and submits that after considering the materials on record the Court bel......ve the Rule is dis­charged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ve the Rule is dis­charged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..

Category: Criminal Law | Date: | Hits: 126

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

.... made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into an agreement for sale in favour of Jahanara Begum in respect of 2 1/2 katha of land appertaining to western part of plot No.C-339 at a consideration of Taka 3 (three) lakh upon receipt of an earnest money of ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....t but did not turn up at the time of trial. The learned Subordinate Judge, on cons­ideration of the evidence on record, decreed the suit on contest with costs against defendant Nos.1 and 2 and ex parte against the rest without costs. Stated briefly, his findings are that the suit is maintainable......e the vesting of such enemy property by appropriate order. The relevant provision of the Rule as it stood after amendment on 02.11.65 reads as under:- "Rule 182(1) with a view to preventing the payment of moneys to an enemy firm and to provide for the administration and disposal by way of tran......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....(AD) 245. Lawyers Involved: Bivash Chandra Biswas, Advocate-For the petitioners Goutam Kumer Roy, Deputy Attorney General with S M Quamrul Hassan, Assistant Attorney General-For the opposite parties. Civil Revision No. 411 of 1994. Judgment Md. Ruhul Quddus J. - This Rule at the in...... and on receipt of earnest money, inducted them into possession thereof on 8th Sraban, 1380 B.S. Two sale deeds were accordingly executed on 7.3.1975 and 13.3.1975 and were registered on 15.3.1975 on payment of the balance consideration money. Since then the plaintiffs were in peaceful possession an......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated. Send down the lower Courts’ records. Ed. This Case is also Reported in:  ..

Category: Property Law | Date: | Hits: 57

Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)

....in the Articles of Association. 11. A mistake, whether clerical or other in the Memorandum or Articles can be amended by altering the Memorandum and Articles. Courts approval has to be obtained if particular amendment requires such approval from the Court under any provision of law. 12. In the...... 1994 in two daily newspapers one of which must be in Bengali. The company is asked to contribute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..

Category: Company Law | Date: | Hits: 74

Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)

....ble. 6. We have perused the writ petition, affidavit-in-opposition and the relevant papers as annexed therewith and also considered the submissions made by the learned Advocates for the respective parties. To appreciate the submissions made by the learned Advocates, it requires us to decide the q......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......4 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5 others impleading him as defendant No.6 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting to Taka 2,31,06,370.48 and are severally and jointly liable to be declare..

Category: Procedural Law | Date: | Hits: 114

Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)

....ned Assistant Attorney‑General appearing on behalf of finds it difficult to oppose the application for bail in view of the expiry of stipulated period for conclusion of the trial and failure on the part of the Special Tribunal to record the reasons for rejecting the bail application. 9.We have ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..

Category: Procedural Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....he said com­panies and that they have deposited Tk.111.49 lakh, in the Bank, as down payment to adjust the loan due to the Bank by the said company. Besides, the plain­tiff have also entered into a partnership arrangement with defendant No.4 on condition that the defendant No.4 would furnish Tk. 3......ies owned by the said company. The plaintiffs have also averred that they are in possession of the properties of the said com­panies and that they have deposited Tk.111.49 lakh, in the Bank, as down payment to adjust the loan due to the Bank by the said company. Besides, the plain­tiff have also e......company. The plaintiffs have also averred that they are in possession of the properties of the said com­panies and that they have deposited Tk.111.49 lakh, in the Bank, as down payment to adjust the loan due to the Bank by the said company. Besides, the plain­tiff have also entered into a partners..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....e the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). For recovery of loan amounting to Taka 92,16,225.42 impleading the petitioners as defendants of the suit. The suit was eventually decreed ex-parte by the learned Judge of the Adalat on 19-4-1992. The Judgment-debtors having failed to pay the......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......­tioners and issuing warrant of arrest against them (Annexure-B-1 to the Writ Petition). 2. Facts necessary for the disposal of the rule, in short, are as follows: The petitioners obtained some loan from respondent No.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as..

Category: Civil Law | Date: | Hits: 159

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....(Civil Appellate Jurisdiction) Present: Md. Emdadul Huq J Abdus Samad and others…………………………Petitioners Vs. Felu Hossain and others………………………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- ...... on the settlement claimed by the defendants. But the appellate Court considered this aspect in the light of the evidence and disbelieved the fact of settlement. 31. The hand written receipts show payment of salami of TK. 22 in 1320 B.S. and rent of TK. 2 for that year and also payment of rent at......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..

Category: Civil Law | Date: | Hits: 123

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....al Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending for trial in the Court of learned Special Judge, Mymensingh. Accordingly, a Rule has been issued upon the opposite parties to show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section......ecording that "To give a bribe to a Government servant has been considered the usual thing in the sub-continent for centuries and it is also extremely difficult to produce independent evidence of the payment of bribe because bribes are always paid secretly. The Judges have, therefore, been asked aga......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

.... others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 DLR (AD) 46. Lawyers Involved: Abdul Hamid, Advocate ‑ For the Petitioner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the inst......session of 14½ decimals from southern portion of the suit land and since then they have been enjoying the possession thereof by erecting dwelling huts and demarcating the area with boundary walls on payment of Government and municipal rents. 4. In this background of the case the plaintiff‑peti......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

....nd 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as plaintiff filed Title Suit No.22 of 1995 against the defendant‑pet...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....decree dated 1-12-1992 passed by learned Senior Assistant Judge, Noakhali, dismissing Title Suit No. 186 of 1991. 2. Short facts leading to this Rule are, that on 5-5-1991, predecessor of opposite party Nos. 1(a)- 1(e) and opposite party No. 2 as plaintiffs instituted Title Suit No. 186 of 1991 i......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..

Category: Civil Law | Date: | Hits: 48

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

....th by the prosecution where he admitted that he didn't know whether at the time of the occurrence, law and order of the area were unrest or that the deceased persons were the member of the Sharbohara party. 12. P.W.2 Khandoker Shahabuddin Ahmed who is the Chairman of the union parishad in his dep...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..

Category: Criminal Law | Date: | Hits: 43

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....ent: Khondker Musa Khaled J Md. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000………………......the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, but dishonored. Th......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..

Category: Criminal Law | Date: | Hits: 66

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

....iction) Present: Md. Mizanur Rahman Bhuiyan J Md. Kamruzzaman and others……………………………petitioners Vs. Abdus Sattar and others………………………….Opposite parties Judgment July 8, 2008. Result: The rule is discharged. Case Referred to- D......eantime Government again declared the khas land would he leased out among the people and the principal defendant Motiar Rahman applied for lease and accordingly he got pattan of 1.66 decimals land on payment of taka 166.00 and received DCR and also paid rent to Tohsil Office of the Government. The d...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..

Category: Property Law | Date: | Hits: 48

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......titioner appeared to have made the representation dated 30-6-2005 stating that he had not received any plan from his predecessor for the standing structures and has prayed for approval of the plan on payment of requisites fees, the notice dated 12-7-2005 directing the petitioner to demolish the stru......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....s Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain Meahzi, Advocate-For the Assessee-applicant. Mrs. Mahfuza Begum, Assistant Attorney General-For I.T. Department. Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......59(2) of the ITO, 1984, considering the evidences of record wherein it is evident that M/s. Shafique & Sons (TIN: 387-300-0564) filed return for the Assessment year 2004-2005 without showing Bank loan in its Balance sheet and filed written explanation that the loan was taken in the name of Shafi..

Category: Fiscal/Taxation Law | Date: | Hits: 83