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Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....visions) Ordinance, 1985, sections 10 (5) and 10 (6) Under sections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned......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. ......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. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....able for commission of murder although they were charged under section 396 of the Penal Code. If the charge of commission of dacoity fails, according to Mr. Chowdhury they may be charged on the other part of the charge, namely, commission of murder. In this case no witness has said a word as to when......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....el-Begunbari lake, said the state minister for housing and public works." 4. The 15 storey building stands defying the law as a tall and odd Monumental structure to eclipse the main lake, at least partially, said citizens’ and environmental groups. 5. The State Minister, for Housing and Publ......lty of taka 12.5 lakh for building the structure without obtaining its approval. 19. The law empowers and requires Rajuk to demolish all unauthorised structures. Rajuk Chairman, however, said that payment of a fine does not mean BGMEA got an approval for its unauthorized building. 20. BGMEA vi...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....escence. 6. Against the said judgment and order passed by the trial Court the pre-emptors preferred miscellaneous appeal No.75 of 2001 before the District Judge, Brahmanbaria who after hearing the parties by his judgment and order dated 27.3.2008 allowed the appeal and thereby allowed the pre-emp......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....vision (Civil) Present: M. Enayetur Rahim J Bangladesh House Building Finance Corporation……………………Petitioner Vs. Mosammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: ......he opposite party on 05.03.2005 and 24.11.2005 by two installment paid entire loan money with interest and the costs amounting to Tk.2,40,041/= to the decree-holder petitioner corporation. After such payment the petitioner corporation in the Execution Case claimed Taka 13,855/= for advertisements co......in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....n would have no power to extend such period of time under the section. Similarly, when the Court fixes a period of time for doing an act on the basis of an agreement or a compromise arrived at by the parties, it would have generally no jurisdiction to override the agreement of the parties………......decree. 3. Opposite parties first opposed the application by filing a written objection. The miscellaneous case was however, allowed on compromise by the' Court by an order dated 8-2-07 subject to payment of cost of Taka 1,200 to the plaintiffs by 5-3-07. As the petitioner did not make the deposi......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....osite Party. Criminal Miscellaneous Case No. 10914 of 2007. Judgment Md. Azizul Haque J. - This Rule was issued under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 227(1) of 2006 under section 406/420/......Mamunur Rahman, learned Assistant Attorney-General appearing for the State, submits that the offence of cheating has been disclosed in the petition of complaint as the accused petitioners refused the payment of money in favour of the complainant. Thus, he submits that the proceedings of the aforesai......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....responding to GR Case No.27 of 2007, under sections 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain-2000), rejecting the Naraji Petition and discharging the accused opposite party Nos.1-6 from the case should not be quashed. 2. Short facts leading to this Rule are that o...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....iled the instant suit.” 5. The plaintiff bank examined one witness as P.W.1 in support of its case and the defendants also produced one witness as D.W.1 in support of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......ths and subsequently it was extended till disposal of the Rule. 3. The facts leading to disposal of the Rule are briefly stated below: According to the plaint, the petitioner is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2, Rupali Bank, Mongla Port Branch in 3 phas..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....d Bepari @ Shahidullah and other………………………Appellants Vs. The State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice de......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....o (worth Tk.1 billion). On 31.7.2007, Respondent No.3 (ICB) declared cash dividend @ 190% and stock dividend @ 50% for 1st ICB M.F. for the year 2006-2007. On 27.9.2007, AIMS (Respondent No.4) on its part declared cash dividend @ 10% and stock dividend @ 20% for the year 2006-2007. This encouraged t......uld be given and SEC gave its consent to take appropriate decision in accordance with the dividend policy stated in the approved prospectus of AIMS. Since AIMS prospectus does not mention the mode of payment of dividend, AIMS went on to declare stock dividend and SEC did not object. This led all Mut......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......lly: Provided that the importer (same in the case of goods entered for warehousing) or the exporter pays such additional amount as security or furnishers such guarantee of a scheduled bank for the payment thereof as the said officer deems sufficient to meet the excess of the final assessment of d......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......ের হার এবং পরিমাণ নির্দিষ্ট করিতে পারিবে৷”
20. It is stated that Section 6 of the said Act provides for time and methods of payment of VAT. Sub-section (4) gives power to the National Board of Revenue for framing Rules of pa......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more than a......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Sayed Hasan Imam Litu…………………..Petitioner Vs. Al-Arafah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor......an and initiated a brick field business having account No.3300963 have expansion of business. The opposite party obtained a loan from the bank but subsequently, since the vested of enhance for nonpayment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/...... Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial business including giving loan to the customers and the opposite party is a business man and initiated a brick field business ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....kashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate -for the opposite parties. Civil Revision Case No.4052 of 2009. Judgment Sharif Uddin Chaklader J.-......l be entertained by the Court unless the applicant has deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award. 34. ......sed the materials and evidence on record and we have already found that the plaintiff have been able to prove their case against all the defendants who are jointly and severally liable to repay the loan. It appears to us that the Court below failed to appreciate the true import and tenor of the re..Category: Civil Law | Date: | Hits: 195
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....he appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 against the respondent No.1 as defendant for dissolution of partnership constituted between him and respondent No.1 and also for accounts. The plaintiff filed a......red to property attached before Judgment, such claim shall be investigated in the manner herein before provided for the investigation of claims to property attached in execution of a decree for the payment of money." 7. Order 21 Rule 58 of the C.P.C provides the manner of investigation of cla....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....petn. praying for an adjournment for obtaining necessary sanction order against the accd. person from the authority concerned on the grounds stated therein. Heard. Since this is a commission on the part of the prosecution, the prayer for adjournment for obtaining necessary sanction order is allowe......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner. AKM Mozammel Huq Bhuiyan - For the Opposite party No.1. Md. Nawab Ali - For the State. Criminal Revision No.258 of 1984. Ju......ss the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the petitioner's banker. and further 36 cheques covering Tk. 10,95,079/31 have been sto......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....or the State. Criminal Miscellaneous Case No. 02 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.- This rule under section 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Government of Bangladesh, (2) District Magistrate......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
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