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Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....her Class Suit No.138 of 1986 decreeing the suit for performance of contract in respect of transfer of some land by a deed of Heba-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant for disposal of the Rule are briefly stated below; Plaintiff opposite party No.1 Md. Sha......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......es (P.Ws. 2-4). He also produced the original deed of Heba-bil-Ewaz (Exhibit-1). 7. The contesting defendants produced and examined 3 witnesses including defendant No.5 as D.W.1 and the purchase documents in favour of defendant No.5 and 6 (Exhibit-ka), ka(1-3) and another kabala dated 23-2-1970..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ized her marriage with the defendant. 9. On the contrary, the defendant examined himself as D.W.1. He has deposed denying the alleged marriage of the plaintiff with him. He has stated that the papers filed by the plaintiff and marked Exts. are all forged and fabricated. However, admittedly de...... Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parties in the 'Kabinnama' are essential for proving mar......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
...., to suffer simple imprisonment for a further period of 1 (one) month should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows:- On 7-2-2011,...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......……….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overriding law. From a combined reading of the provisions of section 4 and section 6(1), it...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....defendant's case is no ground for passing a decree in favour of the plaintiff." 12. The learned Counsel further submits that there is no evidence regarding the marked price of the suit land at the relevant time, so it cannot be presumed that Tk. 40/- was small price. In support of his contention ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-respondent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ...... course of trial the plaintiff examined three witnesses namely P.W.1 Mosarraf Hossain (Plaintiff), P.W.2 Kusai Mondol and P.W.3 Md. Ezahar Hossain, they were local witnesses. The plaintiff proved his documents as Exhts. 1 and 2 in support of his case. 7. The defendant examined two witnesses nam..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....at as a matter of fact no arms were recovered from the accused-persons and they were falsely implicated in the case for not paying gratification. 16. P.W.7, S.I Md. Kanchan Ali deposed that at the relevant time he was attached to Sabujbag Police Station as duty officer. On 17.12.2000 on the basis...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......eported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... are 5/7 houses of Habilders on the south of the brickfield of Ismail. These houses are on the Eastern side. He did not know whether Abul Kalam had any brickfield or for that matter he applied to the relevant department. It is not a fact that Abul Kalam did not demand any land for brickfield from hi......he suggestion that Shajahan and Jafar although in this country but he did not examine them. He know that for the brickfield certificate from Environment Department is required. He did not seize those papers. The informant did not stated in the FIR that accused Abul Kalam wanted land for his brickfie...... (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
...... paper. The petitioner had been contesting the said Election Case by filing written statement. The respondent No.4 filed 2 applications in the said case on 31.5.2009 praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Parishad Ele......riginal Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June 10, 2010.
Result:
The Rule is disch......nomination paper. The petitioner had been contesting the said Election Case by filing written statement. The respondent No.4 filed 2 applications in the said case on 31.5.2009 praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Pa..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....o.9 of 2002 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, in short, are that the decree-holder Janata Bank institute......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......l Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Md. Joinaul Abedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
....rocedure is to call for competitive bids to get a better price and to show fairness on the part of the availability of the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amou......he decision of the government the Ministry of Shipping will act.
5. The respondent No. 8 apart from aforesaid statements made in their affidavit-in-opposition and supplementary affidavits, annexed papers and documents, which includes consent letter for establishment of the project from the Chitta......e is also Reported in:55 DLR (2003) 171.
......in two(2) volumes, one volume under the caption "SSA Bangladesh Limited" and the other volume under the caption "Business Plan, December, 1997" containing feasibility report, guidelines and all other documents along with the application dated 29‑12‑1997 and that by a letter dated 14‑1‑1998 t..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....Revenue, (1969) 21 DLR (WP) 36 and Md. Jamaluddin Vs. Income Tax Tribunal, Chittaogong Branch, Chittagong, (1997) 49 DLR 279. 12. In order to appreciate the submissions of the learned advocate the relevant law before and after the amendment must first be considered. During the assessment year in ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....Rin Execution Case No.208 of 2004 as evidenced by 'Annexure-B' to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect. 2. The brief fact relevant for disposal of this Rule- is that respondent No.2, Bangladesh Krishi Bank Ltd. as plaintif......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,...... plaintiff and the suit is liable to the dismissed. 4. During the course of trial the learned Assistant Judge, Court, Dhaka on consideration of the evidence on record and after perusing the paper, documents and exhibits dismissed the suit of the plaintiff by his Judgment and decree dated 31.5.200..Category: Civil Law | Date: | Hits: 94
....ে তাহা অব্যাহতভাবে চলিতে থাকিবে” used in this paragraph are very significant. Their Lordships stated about the drive that was going on at the relevant time but not about the action to be taken after completion of the survey. Therefore, the wo...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......) 257.
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....charge under section 396 of the Penal Code was illegal and unjustified. 30. In this regard the findings and decision of the case of Sirajuddin Vs. State, reported in AIR (38) 1951 Allahabad 834 is relevant for the present case. The question raised by the defence before us was also raised in the r......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....e decided issue No.9 as "co-sharers of the suit MRR Khatian challenged the proceedings but the originalplaintiff whose name is not available in any paper like RoR nor he paid any rent thereof, during relevant period nor subsequent to the same. No appropriate authority challenged the impugned certifi......e pond and cultivated paddy in the land and in this way, he openly possessed the suit land. 3. Defendant No.4 being a very cunning person, wanted to grab the suit property and created some false papers and documents in connivance with some other persons in respect of 'ga' schedule land showing ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......cultivated paddy in the land and in this way, he openly possessed the suit land. 3. Defendant No.4 being a very cunning person, wanted to grab the suit property and created some false papers and documents in connivance with some other persons in respect of 'ga' schedule land showing these paper..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal of the Rule are that the Opposite-parties No.1-17 were facing trial in the......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
.... 5 of the VAT Act at the rate of 15%. His further contention is that in the contract there is no clear provision for levying VAT on the services of PSI Agencies and also there is no indication in the relevant Pre-shipment Inspection Order, and there is no clear provision under the VAT Act for levyin......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
...... 55 DLR (HCD) (2003) 691.
...... by letter dated 21‑11‑1999 that Pre-shipment Inspection service charges will be subject to payment of VAT as Jarip Sangstha (survey agency) under code No.S020.00 under the VAT Act. In the tender documents all information about tax liabilities were there. The petitioners were officially informed..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......se a party can be added even in a proceeding in Revision stage.
15. Ran an eye on contents embodied in the Petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary Affidavit. Perused Counter Affidavit presented by Plai......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......can be added even in a proceeding in Revision stage.
15. Ran an eye on contents embodied in the Petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary Affidavit. Perused Counter Affidavit presented by Plaintiffs-Peti..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....ceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this revision and further proceeding of C.R. Case No.40 of 2004 instituted on the said complaint was stayed. 3. The facts relevant for disposal of the present Rule are as under: The root cause of the aforesaid order pas......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ......nt against the petitioner with allegations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....not be set aside or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......65 and also the case of AB Siddiqur Rahman Vs. AM Harunur Rashid, reported in 3 BLT (AD) 64. 6. We have perused the grounds taken in the revisional application, the petition of complaint and other documents along with the impugned order passed by the trial Court. 7. It appears that two cheques..Category: Procedural Law | Date: | Hits: 128
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