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Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....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 lodging any FIR and that too by an authorized person. This apart lodgme......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. ......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o......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. ..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......dure shall not be passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24-12-1990 Tk.75,000 sanctioned for staff house building loan and on ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 respondent Nos.2 and 3 filed a petition before the Minister‑in‑Charge of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in ...... 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. ...... (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, Haji Monjurul Islam Shah and Md. Rahmat Ali Shah respectively, filed an application before the Waqf Administrator for removal of the petitioner from the office of the Mutwalli; that on r...... 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. ..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....abia Begum, Advocates — For Respondent No. 3. Writ Petition No. 1601 of 2009. Judgment SM Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned......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. ...... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu......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. ..Category: Civil Law | Date: | Hits: 124
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the asse......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ...... dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal No 4113 of 2004-2005 (Assessment year 2003-2004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong D......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
.....52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,262.76. It has been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd., and the Bank will endorse it only after receiving payment on behalf of the com......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. .......5, Shah Newaz and rule of Criminal Miscellaneous Case No.11165 of 2005 at the instance of accused No.6, Shahabuddin Chowdhury and accused No.7, Ranjit Kumar Chowdhury of the charge-sheet were issued for quashment of the proceeding of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..Category: Criminal Law | Date: | Hits: 70
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. ......erty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternativ......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. ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......now pending in the Court of Upazila Magistrates, Taherpur in the District of Sunamgonj. 2. Opposite party No.1 Md. Hasan Ali, claiming himself as Chairman of Mamudpur Fishermen’s Co-operative Society on 30.09.85 filed a complaint before the Upazila Magistrate, Taherpur alleging, inter alia,......ioner. No one-For the Opposite Party. Criminal Revision No. 81 of 1985. Judgment Syed Misbahuddin Hossain J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magi......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..Category: Civil Law | Date: | Hits: 144
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....ourt High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………..Respond......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
....………………………………Respondent
Judgment
February 24, 2010.
Result:
The Rule is made absolute in part.
Case Referred to-
Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192.
Lawyers Involved:
Md. Sadullah, Advocate - For the pet......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......cause notice upon the petitioner (Annexure-B) and in Paragraph No.2 of the said notice it is alleged that though wine in served in the hotel, but no supplementary duty is being paid by the petitioner for which the VAT officers seized all CPU and documents of the hotel and subsequently filed a case a......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....rimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Bangladesh Vs. Md. Shafiuddin son of late Md. Asuruddin, 10 BLT (AD) 50. Lawyers Involved: A.B......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. ......ioner, as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully desc......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. ..Category: Civil Law | Date: | Hits: 114
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....t High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Abdul Matin……………………………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Res......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
....me Court
High Court Division
(Civil)
Present:
Mahmudul Amin Chowdhury J
Bijan Kumar Das J
Ittefaq Group of Publications Limited and others………………Appellants
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Resul......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......ment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1997. The learned Subordinate Judge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure.
2. The short fact lea......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
..
Category: Company Law | Date: | Hits: 127
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. ...... 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. ......order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was th...... 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. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....in and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 20......sionalMagistrate, Dhaka Sadar (South) and retired AdditionalSecretary, Government of Bangladesh, now residing at House No. 25, Road No. 2, Block No. F, Mohammadpur PiscicultureCo-Operative Housing Society, Adabar, Dhaka: Bangladesh:aged about 70 (seventy) years, by profession-retiredGovernment Se......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..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. ......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. ......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......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. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....e suit. 4. The defendant-respondent filed written statement and contested the suit. His case is that after getting a work order to establish electric connection and sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further state......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......rding interest pendents lite as well as interest accumulated till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the pro......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....rovides that any person who makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to person or property in Bangladesh or to enable any other person by means thereof to endanger life or cause serious injury t......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. ......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......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. ..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M...... 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. ......asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, sh...... 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. ..Category: Property Law | Date: | Hits: 115
....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.
......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.
......ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o......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.
..
Category: Property Law | Date: | Hits: 66
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