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Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s such, the second point of the learned Advocate for the appellant must succeed." 19. They lastly submit that the learned Judges of the Courts below concurrently found that the kabuliyat and other relevant documents of the plaintiff were forged and fictitious and the Court of appeal below after r....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The......peration the land was duly recorded in his favour in S.A. khatian No.985. During Liberation War, his all documents were lost. The plaintiff has been claiming the suit land by way of some fictitious documents and he has no right, title and possession in the suit land. Therefore, the suit is liable ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ....... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......the case. Having taken up the investigation of the case he visited the place of occurrence, prepared the sketch map, index and also filled up the FIR Forms and put his signature therein and all these documents were marked as Exhibits. FIR was marked as Exbt.1(ka), Sketch Map was marked as Exbt.3 and..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....een based on no legal evidence or otherwise for securing the ends of justice. 19. Regard being had to the above facts and circumstances of the case, let us examine the evidence on record and the relevant laws. 20. P.W.1 police inspector Md. Farooq Hossain is the informant of this case who fi...... the house of the convict-petitioner and recovered a huge amount of local and foreign currencies and seized the same by different seizure lists; that the inmates of the house failed to show any valid papers for keeping those currencies in their possession and that the proved the seizure lists. P....... 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 of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......, as such, there being no contravention of Law. He further submits that the Tribunal for convicting the convict-petitioner merely relied on the fact that the accused Nos.2 to 5 failed to show valid documents for keeping the said foreign currencies under their custody at the time of search and se..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... 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. ...... authorising the Administrator of Waqfs to appoint a 3rd party to manage the Waqf Estate during pendency of the proceeding for removal of the Mutwalli. 7. It is seen from the writ petition and the papers annexed thereto that at the instance of the respondent Nos.2 and 3 proceeding for removal of ......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. 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)
....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. ......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. ...... Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule ......At present, the petitioner has been running the two vessels. On 27-1-2009, the seller MM Khan and Co (Pvt) Ltd. applied to respondent No. 1 with the original copy of the two licences along with other documents for mutation and endorsement in the name of Ali & Brothers and the office of responden..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....y the revisional Court committed an error of an important question of law occasioning failure of justice. He submits that the revisional Court on misconception and by misinterpretation of the law and relevant provisions relates to rejection of plaint most illegally and in an arbitrary manner passed ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... an order 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, Chi......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. ......he 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 assessee are subject ......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)
....ng of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121-A/109 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong. 2. The relevant facts for disposal of these rules, are that, a lengthy complaint was made by the complainan......it only after receiving payment on behalf of the complainant. It has been alleged that accused persons took away all the garments without any information to the complainant or without taking original papers from Arab Bangladesh Bank. It has been alleged that the Complainant sustained loss of US$ 37,......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......y Industries Inc. through L/C No. DC HKH 673495 dated 29.10.2000 and L/C. No DC HKH 660006 dated 30.11.2000, the complainant manufactured all the ordered garments and in order to receive the original documents and make shipment of the consignment, the nominated forwarder of the American buyer appear..Category: Criminal Law | Date: | Hits: 70
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....the plaintiffs filed an application in the suit for adding the appellant-RAJUK and the Deputy Commissioner, Dhaka as defendant Nos.4 and 5 and the application was allowed on the same date. 12. The relevant portion of the application for addition of party is quoted below:— দেঃ কার......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39.......12 acres of land in CS plot No.77. While the plaintiffs were in possession of the suit land, one Abdul Aziz Khan in the name of an industry trespassed into 96 decimals of land by creating some false documents. Consequently, the plaintiffs filed Title Suit No.28 of 1967 for recovery of khas possessi..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....his Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangladesh B......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @ Abdul Gaffer, 55 DLR (AD) 79; Abd......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J Haji Mohammad Salim Ullah……………………………………Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27,......er and the opposite party No.2 and in course of business the accused was in charge of business and during the term of the said in charge, the opposite party No.2, Arshadul Shafi, stole some important documents from steel Almera including the cheque being No.33008670 and partnership deed which were k..Category: Criminal Law | Date: | Hits: 107
....02 of the Constitution and obtained the present Rule.
3. Mr. Md. Sadullah, the learned counsel appearing on behalf of the petitioner after taking us with the petition, the impugned order and other relevant papers annexured thereto mainly submits that the impugned order is ex-facie illegal since s...... Constitution and obtained the present Rule.
3. Mr. Md. Sadullah, the learned counsel appearing on behalf of the petitioner after taking us with the petition, the impugned order and other relevant papers annexured thereto mainly submits that the impugned order is ex-facie illegal since section 37...... Hague J
Hotel Zakaria International (Pvt.) Ltd………………………………………Petitioner
Vs.
National Board of Revenue (N.B.R) Represented by its Chairman, Segunbagicha, Dhaka and others………………………………………Respondent
Judgment
February 24, 2010......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 against the petitioner being No.01/2007 dated 2..
Category: Fiscal/Taxation Law | Date: | Hits: 107
....ined.
The order of stay granted 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) 444.
......ined.
The order of stay granted 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) 444.
......own the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......r alia, that the suit was not maintainable in its present form, that there was defect of parties, and that the Title Suit was liable to be dismissed.
6. Both sides examined witnesses and exhibited documents at the trial and that the trial Court decreed the suit and on appeal the title Suit was re..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....ion filed by the petitioner for direction upon the opposite party to file an affidavit stating whether he had filed any application to the High Commission for obtaining visa of the minor. 2. Facts relevant for disposal of the Rule, in brief, are that the opposite party instituted Family Suit No.3......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......pposite party Major (Rtd.) Mahbub Akbar Bhuiyan, father of the minor directing the petitioner to produce her minor son before a doctor nominated by the Australian High Commission in Dhaka for checkup and rejecting another application filed by the petitioner for direction upon the opposite party to f......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... records. Ed. This Case is also Reported in: ......te parties submits that the defendants claimed title to the suit land by virtue of three registered sale deeds. They also proved their possession in the suit land by exhibits: Gha-Gha (2), which were documents in respect of a proceeding under section 144 of the Code of Criminal Procedure. But the tr..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....s arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch ......mpugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone through the writ petition and the papers annexed thereto. From the certified copies of the orders passed in execution case, the annexu......This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......t and order dated 24-7-2005 passed by the learned Senior Assistant Judge and Election Tribunal, Mathbaria, Pirojpur in Election Tribunal Case No.6 of 2003 allowing the prayer for recounting of ballot papers should not be set aside and or pass such other or further order or orders as to this Court ma......or the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tr......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....ne appears. It is an old matter pending for nearly 17 years and proceedings of a suit has been stayed, in view of which the matter is taken up for disposal even in absence of the parties. 3. Facts relevant for disposal of the Rule as it appears from the record, in brief, are that the petitioner i......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ....... Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an applicat......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....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.
......se of the appellants that one of the directors Sultana Hossain categorically denied her participation in any board meeting which was allegedly held on 7‑1‑95 and she was misled in signing certain papers sent to her residence taking advantage of her lonely existence. It is the further case of the......e is also Reported in: 50 DLR (HCD) (1998) 597.
......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
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....der section 121A of the Penal code read withregulation 1/13 of MLR 1976. The Petitioners wanted to knowthe allegation laid against them and also asked for the copies ofthe FIR, charge sheet and other relevant papers, but theirrequests were turned down. 49. The above noted criminal case was regist......he Constitution and therefore being repugnant to the Constitution, is liable to be declared unconstitutional and void by this Hon’ble Court. 45. Refusal of the authorities to provide documents orpapers, including certified copies of the proceedings, judgmentand order to the Petitioners is viola...... This Case is also Reported in: ......f punishment” (page 29-30). In thefoot note, Barrister Moudud mentioned, “This was disclosed tohim by Zia himself”. 26. In a recent Article under the caption, “Trial in Military Court. The documents of the hanging order of Colonel AbuTaher”, Dr. AMM Showkat Ali, who was placed as the De..Category: Criminal Law | Date: | Hits: 154
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