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Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....etlal, District Bogra belonged to Horekrishna Nath and Ramkrishna Nath in equal share; that the same were recorded in their names correctly in CS operation; that the said maleks entered into amicable partition of their aforesaid properties after CS operation and in consequence thereof the Ka schedul......se No.60 G/69 and proper notice was served before requiÂsition. The defendant Nos.2 and 3 having been found in exclusive possession of the suit property as owners thereof and the awards prepared for payment of compensation in their names and the money was paid on 29-6-1970 to them since no objectio......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....ution witÂnesses expressed their ignorance about the incident itself. 11. According to Mr. Khan, even the deposition of P.W.1, the informant, also does not support the FIR version in all material particulars; rather, it is full of inconsistencies. Mr. Khan submits that although the informant sta......me time. 4. On 4th of January, 2003 at about 9-00 AM, the informant delivered a letter to Sonali Bank, Haluaghat Branch, Mymensingh (hereinafter referred to as the Bank) asking the Manager to stop payment against the cheque and the Manager agreed to comply with the request. Some ten minutes later......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
....identiary value under the Evidence Act, 1872. …………………(10)
Without permission to move the application on the basis of the Photostat document and to obtain rule is a misconduct on the part of an Advocate…………………………(9)
Lawyers Involved:
Abul Kalam Mainuddin, ......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
.... Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136. Lawyers Involved: Sk. Abdullah, Advocate - For the petitioners. Md. Shamsul Huq, Advocate - For the opposite party Nos. 1-10, 12-17,21-24, 26-31 and 33-36. Civil Revision No. 4301 of 1997. Judgment......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
....n intention of ulterior or collateral purpose…………………………(34)
Cases Referred to-
Habibullah Khan Vs. Shah Azharuddin, 3 BLD (AD) 1423; R Vs. Secretary of State for the Home Department, 1984 1 All, Er 799; Faridsons Ltd. Vs. Pakistan, 1960 3 DLR (SC) 233; Ridge Vs. Baldwin, 1......from the writ petitioner before issuing the impugned Annexure-F, cancelling the 'No Objection' and to consider the same on its merit whether the writ petitioner was at all liable to be blamed for non payment of Government dues and whether the writ petitioner should be asked to pay those dues before ......ng 1,75,569 Nos. of shares have been agreed to be sold to the writ petitioner. The said fact of proposed sale and transfer of the shares have been duly informed to all stake holders especially to the loan giving Bank, Uttara Bank and the Government in the Ministry of Jute. Pursuant to the said agree..
Category: Administrative Law | Date: | Hits: 299
....was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause as to why the impugned judgment dated 7.8.1997 and 10.8.1997 respectively passed...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....hers………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a......ing, till the plaintiff performs his part of obligation. The transaction between the parties cannot be equated as simple contract for sale of immovable property as is normally done by fixing a price, payment of advance and the execution of the deed at a later date on receipt of the balance considera...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... No.2357, an area measuring 6.30 acres is the khas land of the Government. On 3-4-2008, the officials of DCC went to the location and demarcated the area by hoisting red flags at four points covering partial Kacha Bazar and partial Iron and Steel Market. Only 5.0102 acres of land have been proposed ......sent to the Divisional Commissioner, Dhaka, who gave final decision under section 5(1A) of the Ordinance. On 11-11-2007, notice under section 6 of the Ordinance was served and on 5-2-2008, notice for payment of compensation under section 7 of the Ordinance was accordingly served by the authorised of......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... The Mussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descendÂants i.e., wakf-al-al aulad may now......ehalf of the Government. Several documents were proved by the plaintiff including the eleven registered deeds by virtue of which he claims title to the suit land; one rent-receipt (Exhibit 6) showing payment of rent to Zamindari sherista and the pattannama of 1353 BS (Exhibit 4), the basis of title ......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....alizations under VAT Act as well and section 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between chargÂing provisions of a statue and the machinÂery part thereof and it is also well settled principle that mode and manner of recovÂery does not alter......€¦â€¦â€¦.(25) Section 30A of the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued u....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of pr......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
.... Admiralty Suit No. 40 of 2010. Judgment AFM Abdur Rahman J.- In pursuance of the direction given by this Court to the defendant to satisfy this Court that the princiÂpal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plainti......dant No.1, the vessel filed application for vacating/re-calling the order of arrest of the vessel 'MV BK Ace' the also an application, by the defendant No.5 for a direction upon the plaintiff to make payment for the cargo and take delivery of the same upon retiring the shipping documents through ban......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....s stated in the petition are that the petitioner is the owner of the homestead land measuring 0.20 acres where he was living with his family members and also has been running a tea stall in the small part of it. He filled up a ditch of about 25 x 30 feel by collecting earth from various places and e......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....oner. Faruque Ahmed with Shafiq-ul Hasan, Advocates — For the Opposite Party. Civil Revision No. 534 of 2004. Judgment Mamnoon Rahman J. - This Rule was issued calling upon the opposite party to show as to why the impugned judgment and decree dated 4-1-2000 passed by the Additional Dis...... right and title by way of pattas conveyed through the Hukumnama executed in Bangla year 1334 which is marked as Exhibit 1 in the trial Court and also the plaintiff adduced certain dakhilas regarding payment of rent to the superior landlord. On perusal of the said Exhibit 1 it appears that the said ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....his provision to be legitimate………………………………..(12) There is a presumption that every person is legitimate and there is presumption that a person is that legitimate issue of a particular person, unless a foundation for it is laid under section 112. But once the validity of th...... she was not given any money to meet her expenses. Ultimately, the defendant No.1 in connivance with his brother and brother's wife drove away the plaintiff No.1 with her minor son on the plea of non-payment of dowry. She was then pregnant. She took a rented house and resided there with her mother a......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....akra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....tional Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... State……………………Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consi...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ints on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process…………………………..(4) Cases Referre......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... (Civil) Present: Shahidul Islam J Razia Khanam…………………………Plaintiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- A...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
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