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Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

.... Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 b...... in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 by the Subordinate Judge, First Court, Mymensingh and for declaration that the aforesaid order is not binding upon the plaintiff. 3. The plaintiff's ca..

Category: Property Law | Date: | Hits: 32

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

....and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the ......is Clearing and Forwarding Agent submitted bill of entry for clearance of the above vehicles for home consumption and after physical examination the said vehicles were found to be consistent with the declaration but even then the Customs authority without assessing the customs duty and other charges..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re....... He adds that the suit itself is not maintainable. In support of his conten­tion he referred the case of Safi Ahamed Chowdhury vs. Pubali Bank reported in 54 DLR 310 wherein it is held: “A declaration with regard to the contractual or financial obligation involved or transaction between t..

Category: Property Law | Date: | Hits: 31

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find...... Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act." In view of the international covenants, declarations and other instruments, we feel inclined to the view that the relevant date must be the ..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216......ld hot be performed. He further submits that the defendant Nos. 1 and 2 took loan from the Bank, so it was the agreement between themselves and, as such, IFIC Bank was not the necessary party and the declaration sought against them was illegal. The learned Counsel has given emphasis as there was no ..

Category: Business or Commercial Law | Date: | Hits: 208

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....have been passed without lawful authority and is of no legal effect. 2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the examination held in the year 2000 u......ular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the examination held in the year 2000 under the National University. From the declaration of results it was found that they were unsuccessful in one paper namely Comprehensive bu..

Category: Others | Date: | Hits: 72

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

.... Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia con­victing the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sente......found the victim in a precarious condition and hence at about 7-30 P.M. recorded his statement under section 161 Cr.P.C. and sent him to Chuadanga Hospital for treatment with a request that his dying declaration should be recorded by a Magistrate. Constable Abdul Latif, P.W.8 and another Constable M..

Category: Criminal Law | Date: | Hits: 52

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....ll pend­ing in the court. 2. Facts leading to this, in short, are that oppo­site party Mst. Shamsun Nessa Begum as the plain­tiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ...... this, in short, are that oppo­site party Mst. Shamsun Nessa Begum as the plain­tiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in..

Category: Property Law | Date: | Hits: 39

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......rdinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a bena..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a decla..

Category: Property Law | Date: | Hits: 36

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......ithdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being kept with the appellant-bank i..

Category: Banking Law | Date: | Hits: 122

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..

Category: Criminal Law | Date: | Hits: 106

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....ut any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan) for community purpose, recreation and other non-residential purposes. This Rule was directed to be h...... the residents and RAJUK cannot deprive the residents of such facilities on any plea whatsoever. In the result, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..

Category: Property Law | Date: | Hits: 55

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

.... against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as......lly impleaded as pro forma defendants No. 6 and 7 in suit. 2. The suit being Title Suit No.22 of 1982 was instituted in the court of 2nd Munsif at Brahmanbaria by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to s..

Category: Procedural Law | Date: | Hits: 66

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....m and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CIB (Credit Information Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile M...... No.5 company some of the directors of the said company filed Title Suit No.249 of 1992 in the 3rd Court of Subordinate Judge, Dhaka against petitioner Nos.1 and 2 and two other new directors for the declaration of their appointment as directors of the said company as illegal and void. On the basis ..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

.... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va......and in compliance with the provisions of VAT Act 1991 and the VAT Rules 1991, both of which were enacted in the year 1991. For the purpose of assessing and paying VAT the petitioner in 1991 submitted declaration on the basis of price as required by Rule 3(1) of the VAT Rules 1991 in respect of 2 (Tw..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

.... Third Court of Subordinate Judge, Dhaka against the defendant appellants the Meghna Petroleum Marketing Company Limited having its Head office at Ispahani Building, 14-15 Motijheel, Dhaka and others for a decree of accounting how much petroleum were imported by them within Khulna Pourashava during ......tiffs- Respondent No.3 was lessee for the year 1979-80. According to Notification No.223-L/76/S-VI/78-2/76/17 dated 6-7-1976 all the parties who imported goods within Pourashava were required to give declaration of the goods brought at the entry point of Pourashava. 7. During this period of lease..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

.... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not represent­ed-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed ......in Title Appeal No.95 of 2002 reversing those dated 31st July, 2002 of the learned Assistant Judge, Betagi in Title Suit No.63 of 1999. 2. Respondent Nos. 1 and 2 instituted the above suit seeking declaration of title of 2.385 acres of land appertaining to S.A. khatian Nos. 635 and 629, correspon..

Category: Property Law | Date: | Hits: 27

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....thers………………Respondents Judgment January 7, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed ......tuted Title Suit No.10 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declara­tion of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the Sub-Registrar, Palong..

Category: Property Law | Date: | Hits: 21

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... 4, 2010. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Sin......f 1997 affirming those dated 30th January,1997 of the learned Subordinate Judge, 2nd Court, Laxmipur in Title Suit No.30 of 1995. 2. Petitioner instituted the above suit against the respondent for declaration of title in the suit property measuring 2.67 acres of land as described in the schedule ..

Category: Property Law | Date: | Hits: 26