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Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....tion is not qualified to be enlisted in the list of abandoned properties, the jurisdiction of the Court of Settlement ceases to operate and the said court will act without jurisdiction if it lays its hand on such matter. 17. The learned Court of Settlement committed serious illegality in comin......s or a Notary Public and four copies of passport size photograph of the applicant duly attested by a Class 1 Gazetted Officer or a Magistrate of the first Class or a Notary Public." So the abovenoted clause provide for fulfillment of certain conditions which are pre‑requisite for getting a c..Category: Property Law | Date: | Hits: 90
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....nature and scope of section 561A of the Code of Criminal Procedure in the matter of quashing criminal proceeding. 13. Judged by the above tests let us see whether the proceeding in the case in our hand is liable to be quashed or not. 14. In the petition of complaint it is categorically stated ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
.... credited to their VAT current account (Annexure-Z). 8. Mr. Murad Reza, the Learned Additional Attorney-General appearing with Mr. SM Moniruzzaman, the learned Assistant Attorney-General, on other hand, appearing on behalf of respondents No.1 by filing affidavit in opposition opposes Rule and sub......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....nce. In this connection she also referees the cases of Ustar Ali Vs. State, reported in 18 BLD (AD) 42 = 3 BLC (AD) 53 and Babor Ali Molla Vs. State, reported in 44 DLR (AD) 10. 11. On the other hand, Mr. Farhad Ahmed, the learned Deputy Attorney General appearing on behalf of the State submits...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
.... and also for further declaration that the defendant No.1 did not acquire any right, title and interest in more than 0.0090 acre of land of CS Plot No.371 and also for directing the defendant No.1 to hand over possession of the 'Ga' schedule land to the plaintiffs within 30 days, in default to pass ......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sri Ram, AIR 1946 All. 139; Ramdeo Vs. Messers B Chand, AIR 1962 Raj 164. Lawyers Involved: Nurul Huq with Alauddin, Advocates - For the Appella......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ment and decree passed in Title Suit No.201 of 1991 is dismissed. Cases Referred to- 6 BLD (AD) 231; 1984 BCR (AD) 127; 2 CLC (Voiwne-2) 1983 Karachi page 1085. Lawyers Involved: Bhabesh Chandra Ghosh, with Md. Nazrul Islam Advocates - For the Appellant. Mahmudul Islam, with Shirin Ah.......00. P.W.1 has been elaborately cross-examined on this point suggesting that he forged Ext.2 claiming it to be the first agreement of sale, which was however , denied by P.W.1. But it is important to note that the plaintiff-respondent did not dispute the genuineness of the first agreement of sale fi..Category: Civil Law | Date: | Hits: 148
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....has also started a Seizure Case under the relevant provisions of the Customs Act, 1969 which must be disposed of in accordance with law and a direction may be given to that effect. 8. On the other hand, Mr. Abdur Rahman Howlader, learned Assistant Attorney-General appearing of the respondents sub......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....ect decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as under: 3. On 12-8-1998 at about 11-00 PM Makhon Chandra Das, 40 years of age, husband of the informant Dipti Rani Das went out of home for guarding h......depth and 6) Oblique incised wound medially below right little finger ½”x ¼ “ x muscle depth. This witness opined that the death was caused due to shock and heamorrhage resulting from the above noted injuries which was anti-mortem and homicidal in nature. He proves his PM report, Exhibit 6 and..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ceeding would be a sheer abuse of the process of Court which must be prevented by quashing the proceeding of the case. Thus, he submits that the Rule is liable to be made absolute. 5. On the other hand, Mr. AKM Foez, learned Advocate appearing for the opposite party No.2 submits that whether or n......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e statutory period and, as such, petition under section 561A of the Code of Criminal Procedure is liable to be quashed. 7. The learned Advocate for the opposite party No.2 complainant on the other hand submits that the chief Metropolitan Magistrate took cognizance of the offence on the basis of c......om the receipt of first notice because, once the opposite party No.2 gives a notice under section 138(1)(b) of the Act, he foresight such right and he cannot issue second notice. It is significant to note that clause (b) of section 141 gives it a restrictive meaning is that, it refers to only one fa..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....efore the tribunal. Therefore, he concludes that the election petition filed by the petitioner must be disposed of before the election is held. 20. Mr. M Nurullah the learned Counsel, on the other hand, while differing with the concept that no legal or constitutional vacancy has occurred, venture......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....oard of Directors, Agrani Bank and others, 45 DLR 375; High Commissioner for India Vs. IM Lall, 1948 AIR PC 121 = 52 CWN 761 (PC); Yusuf Ali Khan Vs. Province of Panjab, PLD (1949) (Lah) 219; Ramesh Chandra Das Vs. Province of Bengal, 57 CWN 767; Habib Khan Vs. Federation of Pakistan, PLD 1954 Sind ......o.299/83 simple declaratory suit in a service matter is not maintainable without any prayer for consequential relief as it is hit by the provisio to section 42 of the Specific Relief Act. It is to be noted here in the judgment reported in 49 DLR 38 the number of CPSLA has been printed incorrectly as..Category: Employment/Service Law | Date: | Hits: 182
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....rinciples of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and shar......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....est in the present case and that section 247 has application only in the case in which summons has been issued on complaint. The learned Advocate appearing for the accused respondents on the other hand submitted that section 247 of the Code of Criminal Procedure has application in all criminal ca......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....r Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule is discharged. Cases Referred to- L Chandra Kumar Vs. Union of India, AIR 1997 (SC) 1125; Sampath Kunzar Vs. Union of India, AIR 1987 (SC......he Constitution. Therefore, to that extent the subordinate legislations are also unconstitutional. 14. Mr. Huq then submits that the Appellate Division of the Supreme Court of Bangladesh by taking note of Chandra Kumar’s case has recently made the following observation in the last para of Bangl..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no l......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....he Magistrate, in this case, has not taken cognizance under sections 495/497/109 of the Penal Code upon a complaint as defined in a clause (h) of subsection (1) of section 4 of the Code. On the other hand, provisions of the sections 198 and 199 of the Code, both beginning with the words, "No Court......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
.... appearing for the appellant has repeated the submissions on which leave was granted as quoted hereinbefore. 8. Mr. Mamunur Rashid, learned Counsel, appearing for respondent No.2, on the other hand, has submitted that the suit wherein the appellant filed the application under Order XIV, rule ......ugh in fact the judgment was upheld by the Appellate Division allowing the application of section 47 of the Artha Rin Adalat Ain in a case filed before the Artha Rin Adalat came into force as is so noted in the judgment, that "A Division Bench of the High Court Division by the impugned judgment di..Category: Civil Law | Date: | Hits: 138
....ut they did not pursue the matter any further and, as such, the presumption that the alleged signatures were not genuine was 'irrefutable'. He further submitted that there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp pa...... admissibility as evidence.
15. In the case of Daulat Ltd. Vs. Pubali Bank Ltd., reported in 39 DLR 243, a Division Bench of this Court while considering whether an insufficient stamped promissory note could be admitted in evidence, held.
“even if the promissory note Ext. 4 is taken in isola..
Category: Property Law | Date: | Hits: 78
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