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Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
.... Court dated 26.11.07, it is stated that further proceeding of the case was stayed until disposal of the above Rule. 15. Mr. Rafiq-ul Huq, learned Senior Advocate took us through the writ petition particularly the FIR and other orders passed by the Special Judge and submitted that after the payme......and also a certificate issued by the Hon'ble Speaker of the Parliament dated 29.08.06 issued under the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law e......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... transferring the cases to Druta Bichar Tribunal. Public interest means an act for benefit of general public i.e. it is for the interest of the mankind and also to the interest of the nation. This is particularly the guideline for transferring the case to the tribunal. In the categories of cases i.e......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... which consisted of reconditioned secondhand tractors, vans chassis with cabins, reefer vans and trailers, semi trailers, a portable compressor, a sand blasting machine and certain used and new spare parts. The owner of the defendant No.1 vessel is the Bangladesh Shipping Corporation, the defendant ......a 23,63,750 E) Banking (on L/C No. EBLG/ GB/111/99 dated 28-7-1999) for the cargo loaded on board MV Banglar Kakoli Taka 34,45,284 F) Damage claim payment made to the end buyers in Bangladesh for non-delivery of the trucks on time due to the delay......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....the petitioner and others for realization of its outstanding dues amounting to Taka 2,20,33,779 as stood on 31-7- 2004. The defendant did not turn to contest the suit in which the suit was decreed ex parte vide judgment and decree dated 3-3-2005 (preliminary decree was signed on 9-3-2005). In usu...... the Ain, 2003 provides the execution case shall be filed within 180 days. Admittedly, ex parte judgment and decree was passed on 3-3-2005 (preliminary decree signed on 9-3-2005) with a direction for payment of money to the defendant within 60 days and the execution case was filed by the respondent ...... manifests that if a suit is a mortgage suit and brought for foreclosure, in that case, the decree pronounced by the Adalat shall be a preliminary decree and the decrees of the Adalat for recovery of loans in other cases are to be treated final decrees. Therefore, we find no merit in the submission ..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....uiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a departmental proceeding the role of the Inquiry Officer or the Inquiry Committee is only to help the "......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
.... to be remembered, that the graver the charge the greater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslau......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
.... short, is that the informant P.W.1, Md. Joad Miah along with other police personal on 6-10-1990 at about 11-30 AM from village Telipara arrested the present convict-appellants and then the informant party made search on their respective bodies in presence of witnesses Md. Abul Kamal Azad, Dr. Solai......al Powers Act, 1974 runs as follows:- [25B-Penalty for smuggling - [(1)] WhoÂever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law for the time being in force, (a......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... as such the question of forging the document does not arise at all. 5. This case was first registered before the Magistrate as T.R. Case No.61 of 1979 and the learned Magistrate after hearing the parties and perusÂing the materials on record passed an order on 18.9.79 and dismissed the case hol...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
.... the issues raised are the same, we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and son......hts and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled with one Radha Sham Banik by a registered deed being No. 910 dated 25-4-29 AD, who possessed the land by payment of rents up to 1953 BS, Annexure A.
4. Then, Radha Sham Banik transferred said land by wa...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ndidature on 6‑09-Â2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee from the Awami League with the symbol of B......cted in violation of Article 44AA of the Representation of the People Order, 1972, hereinafter referred to as 'the Order.' (ii) Himself spent the money for election expense and he did not make any payment to his election agent authorising him to spend the money for such expense, thereby acted in ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....d enjoyment of the house. It is enough if the house or its appurtenances are used for the use and accommodation of the servants, officers or guest of the family. . . the tanks and their banks do form part of the undivided dwelling house and the tanks are very much necessary for the convenient use an......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 allowing the appeal in part and dismissing the same in respect of the appellant-petitioner and affirming the Judgment and o...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....¦â€¦.Respondents Judgment May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and wit...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....rdity…………………(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no scope for sidestepping the same, even if the motive of the party is bad. Since a decision of the superior Court as well as particular provisions of law were re......isposal of this rule, in short, are that the present petitioner borrowed an amount of money from the House Building Finance Corporation, shortly, "HBFC" but, according to HBFC, he fell into arrear of payment leaving as of 31-8-1993 a total amount of Taka 15 lakh and odd overdue on the loan account. ......r by an application to be made directly to the 'District Judge' having territorial jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan. A bare reading of Article 27 of the Order does not leave any doubt that the provisions are mad..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....- For the State. Criminal Miscellaneous Case No.3562 of 2005. Judgment Md. Moinul Islam Chowdhury J.- At the instance of the accused petitioner this rule was issued calling upon the opposite parties to show case as to why the Proceeding in CR No.55 of 2004 (Shyam), now pending in the Court ......ge and both parties were in friendship from boyhood. The accused persons agreed to sell some land to the complainant for consideration of cash money and handed over possession of some property taking payment of Taka 75,000 and to register sale deed in favour of complainant within 1(one) week. SubseÂ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....canning the evidence of witnesses by Court When scanning the evidence of witnesses the Court has to inform itself that variancÂes, discrepancies and contradiction and embellishÂment in essential parts cannot militate against the veracity of the core of the testimony provided there is imprint of......ld make neÂcessary repairs of the house at his own cost and he would not be required to pay rent for it. Accordingly appellant made necessary repairs at his own cost and went on living there without payment of any rent. But subsequently the informant demanded rent from appellant and on his refusal ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....al Miscellaneous Case No. 991 of 2010. Judgment Khondker Musa Khaled J.- On an applicaÂtion under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.105(Ma) of 2007 arising out of petitio......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... 1908 (Act No. V of 1908); Order XLI, rule 31 The Specific Relief Act, 1877 (Act No. I of 1877), section 27 A conveyance document is concluded agreeÂment and the same is binding upon both the parties until and unless it is cancelled…………………(14) While delivering judgments, the......the four elements as has been discussed earlier and those having not been complied with by the plaintiff was not entitled to get a decree for Specific Performance of Contract as the defendant No.4 on payment of enhanced price of Taka 70,000 at a time got the schedule property transferred in his favo......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....intenance or guardianship of a child. The reason is simple. The Family Court cannot decide the issue of mainteÂnance or guardianship without deciding the issue of legitimacy when it is denied by one party………………..(42) The wife can claim past maintenance for the child if she has been s......mily status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama and no specific mode of payment of the deferred dower is identifiable from the evidence on record it is payable on demand…......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
....resent:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The re......ffs and delivered possession. The record of rights was also prepared in the name of said Shaheb Ali. Then, he possessed the suit land by building four-roof tin hut and running business thereform upon payment of rents on proper receipt.
4. Then, Shaheb Ali died leaving plaintiff No.1 to 7 as his o......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
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