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Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....al law enacted for special cases in special circumstances in contradistinction to the rules of law applicable generally to all cases with which the general Code of Criminal Procedure deals: It is a complete Code in itself. Section 30(1) of the Act provides that an appeal from any order, judgment a...... of 2006 before the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. Suppressing these facts the complainant filed the instant case which is barred under law. After hearing, the learned Tribunal by the order dated 5-8-2007 framed charge unde..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....de. We very much deprecate the conduct of the learned Subordinate Judge in allowing time to the plaintiffs one after another and even suo moto on the dates as mentioned above to file the documents in complete defiance of the provisions of the Code as discussed above. Before a Court of law no party s......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
.... the Appellate Additional Commissioner of Taxes, who by his order dated 28-9-00 cancelled/set aside (খারিজ) the assessment for the Extra- Assistant Commissioner of Taxes having failed to complete the assessment within the time prescribed by sub-section (2) of section 83 of the Ordinanc......xes (Appeals) as well as the Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal No. 3437 of 2000-01 dated 27-3-2001, that the assessment under section 83(2) of the Ordinance was barred by limitation, can the Appellate Tribunal of Chittagong Bench, Chittagong by its order dated..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model......নুসরন করিতে পারিবে। 11. From the aforesaid provisions it is clear that provisions of section 47 are relating to institution of the suits. By this section an embargo was imposed on the financial institutions not to file any suit claiming an interest which exce..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... is by attachment or sale of anybody's property, let alone that of the Opposite Party No.5. It is noted in this regard that Column 10 of the Form captioned "Relief prayed" has been left completely blank. It is also submitted that beyond specifying in Column 11 of the Form the fact and ......fashion is not permitted under the law. In the Panaji Case the Bombay Court dealt with similar facts and circumstances where a decree executed earlier for principal and costs was held to operate as a bar for a subsequent application for the balance interest amount. Mr. Alam submits that the operatin..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner and her sister to wait for some time to complete the formalities under intimation to the Government of India. However, on 25.05.1972, t......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....d hereinabove in detail is no doubt lengthy and elaborate and may seem to be complicated. But after the time for completion of assessment is clamped and prescribed, the custom authority is obliged to complete their job with all the limitations in the prescribed time frame. During such time prescribe......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
....upon, as in the performance or
part- performance of an agreement, the locus
penitentia, which exists in a situation where the parties stand upon
nothing but an engagement which is not final or complete, is excluded. For
equity will support a transaction clothed imperfectly in those legal f......nd upon
nothing but an engagement which is not final or complete, is excluded. For
equity will support a transaction clothed imperfectly in those legal forms to
which finality attaches after the bargain has been acted upon."
and further he has
referred I.L.R. 33 Cal 584 wherein it has ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Nos. 4,5,6 and 8 contested the suit by filing a joint written statements denying the material allegations made by the plaintiffs and contending inter alia that the gift made by Bastullah Shaikh was complete and the condition made in the deed being a clog on transfer was void, that the School was n......er of the School Managing Committee in the donor category by filing an application and as such they are stopped to claim any benefit in respect of the suit land. In view of the said will they will be barred by law of estoppel which will operate against them. 12. The next point submitted by Mr. Kh..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... and the transferor acquires the right to possess and to enjoy the usufruct of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provision of section 9......amat, 1 BLC (AD) 90; Zafar Ali Vs. Md. Momtaz Hasan, 49 DLR 319; Shahariar Rashid Khan Vs. Bangladesh, 5 BLT 38 = 2 BLC 106; 15 BLT (AD) 106; 32 DLR (AD) 223. Lawyers Involved: Md. Abdul Jabbar, Advocate - For the Petitioner. Sadananda Rana, Advocate - For the Opposite Parties. C..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....ous' and any other trademark confusingly similar or identical to the trade mark 'Domino's Pizza & Logo' of the plaintiff. (d) A decree directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defend......ion under Order VII, rule II of the Code of Civil Procedure for rejection of the plaint alleging, inter alia, that the plaintiffs suit was not maintainable before the learned District Judge as it was barred under section 73 of the Trade Marks Act. The application was filed under Order VII, rule II r..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... connected Record of Right and has been paying rent to Government regularly. II. Ms. Chameli Glass Works got interest on suit property and, as such, its presence Would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of justice......Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, Assistant Attorney-General — For the Government opposite Party. MD. Jabbar Advocate — for addition of Opposite Parties. Criminal Appeal No. 2019 of 2006. Judgment ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....রা ডিক্রীদারের প্রাপ্য পরিপূর্ণভাবে আদায় হইয়া থাকে৷” meaning that at least one auction sale process is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categ......e sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed first under secti..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....from the suit premises and it would be in the ends of justice to decide the matter once for all in the suit. The learned Counsel adds that plaint may be amended to include subsequent events for doing complete justice rather than driving the plaintiff-opposite party to institute a fresh suit on such ...... 31 DLR (AD)133; Abdul Motaleb Vs. Md. Ershad Ali and others, 18 BLD (AD) 121; Mohammad Khaledur Reza Chowdhury Vs. Saleha Begum and others, 17 BLD (AD) 86; Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 14 BLD (AD) 229; Mayezuddin Mondal Vs. Bena Rani Das and others, 45 DLR 154; M. A. J..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....an and was sent up from that school to appear in the S.S.C. examination of 2005. Since the recording of statement of the victim under section 22 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 has been completed and the victim has been suffering from ailment physically and mentally in the safe custody......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....any difficulty on the part of the respondent in disclosing such facts.
In the instant case the petitioner admittedly agreed to act as the Manager to
the issue and he also undertook amongst other to complete the preparation of
prospectus as per regulatory requirements and filing for approval. But ......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....s of this Act, shall apply to all warrants issued and arrests, searches and seizures made under the Act. Suffice it to say that the Narcotics Control Act, 1990 or Special Powers Act 1974 are not complete Codes, relating to search, seizure or arrest of the offenders for violation of the off......t if the prosecution had proved that the accused person was in conscious or exclusive possession or effective or actual control of the goods other than constructive possession, there is no legal bar to convict the accused. 30. Suffice it to mention here that it is a fundamental rule of evi..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ershadul Vs. State, 2006, 35 CLC (HCD)
....he Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviation f......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....reement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for transferring the suit property and would complete the sale as soon as possible; that if the defendant No.1 caused any undue delay to effec......court will act on behalf of the plaintiff……………..(45) Lawyers Involved: Md. Azizul Hoq with Fazlul Karim Chowdhury, Raziuddin Ahmed and Anowarul Islam-For the Appellant. Akbar Hossain, Assistant Attorney-General-For Respondent No.2. First Appeal No.585 of 2001. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....onsidered. If testimony of a single witness is found to be entirely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of PW 2 full, complete and self-contained. In this respect, there are several decisions of our Apex Court with ref......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
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