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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... subject. 2. It appears that an application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any c......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.....97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the appeal are that respondents filed a suit for partition before the learned Subordinate Judge, 2nd Court, Dhaka being Title Suit No.399 of 1987, pr......that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such term as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the su...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... fact, it was not due and was realised illegally. In the case reported in 1949 AIR (PC) 297 it was held that if it is once established that the payment, even though it be of a tax, has been made by a party under mistake of law, that party is entitled to recover the same and the party refusing the sa......y customs‑duties or charges claimed to have been paid or over‑paid through inadvertence, error or mis‑construction shall be allowed, unless such claim is made within (six months) of the date of payment." 14. The limitation period, in case of a special law, is purported to be strictly applie......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..Category: Administrative Law | Date: | Hits: 192
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board o......etitioner, have submitting VAT returns under the appropriate service Code as S-037.00 for যোগানদার(Procurement Provider) and service Code S-008.10 for (ছাপা খানা)for payment of VAT at the rate of 2.25% and 4.5% respectively. 8. It is stated that by a letter dated...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
.... has failed to prove the case against them. 7. The learned trial Court, upon appreciation of the deposition of the prosecution witnesses, examining the materials proved before it and hearing the parties, have found the accuseds guilty of committing the offence, recorded as above, and sentence......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....7; and (b) falls from heights - it caused 26 deaths in 2009, 37 in 2008 and 26 in 2007. 8. During the demolition operation of RANGS Bhaban at Dhaka in pursuance of an order of the Supreme Court, a part of the building collapsed on 8-12-2007 at midnight resulting in the death of several construc......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
.... Assistant Judge, Pakundia, Kishoreganj, in Other Class Suit No.15 of 2005 rejecting a prayer for temporary injunction. 2. Facts necessary leading to the disposal of the Rule are that the opposite party No.1 as plaintiff instituted other Class Suit No 15 of 2005 in the Court of learned Assistant ......” These very statements as made in the Written Objection was neither denied by submitting any counter affidavit nor any document was produced before the learned Assistant Judge to show that no payment of salary was made as per the statements made in the said Written Objection nor the plaintif......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....anganj and another....................Defendant Nos.1-2 judgment-debtor-petitioners Vs. Janata Bank, Fatullah Branch, Narayanganj and another....................Plaintiff-decree-holder-opposite parties Judgment July 4, 2010. Result: The Rule is discharged. Cases Referred to- ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......uted a suit being Artha Rin (Mortgage) Suit No.43 of 1996 in the Court of learned Joint District Judge and Artha Rin Adalat, Narayanganj against the defendants praying for recovery of its outstanding loan amounting to Tk. 10,81,560/- along with 20% of interest till realisation of the unpaid amount..Category: Civil Law | Date: | Hits: 129
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md. Sagir Hossain Leon, Advocate - For the petitioner. Md. Fakhar Uddin, Advocate - For the opposite party No.1. Civil Revision No.3086 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave w......hairman, who ultimately arranged an arbitration wherein judgment debtor deposited Tk. 60,000/- for payment to decree holder, but the local chairman ultimately on 17.02.2008 refused to make such payment. Thereafter on 18.02.2008 she filed the Family Execution case for her decreetal amount of Tk......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....of the People's Republic of Bangladesh, 61 DLR AD 92; Nur Islam Vs. Agrani Bank, 49 DLR AD 135. Lawyers Involved: S.N. Goswami - For the petitioners. M. Khaled Ahmed - For the opposite party No.1. Quamrul Islam Siddique with S.M. Sabur and Ms. Masuda Rehna Begum - For the opp...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......petitioner and the opposite party No.2 auction purchaser in respect of the suit property on condition that the opposite party No.2 would pay Tk. 1,50,00,000/- within December 2004 in the petitioner's loan account with the opposite party No.1 Bank and the petitioner would execute and register the sal..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....d Others…………………………………Respondents (In both the Writ Petitions) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sa......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....resent: AKM Fazlur Rahman J Md. Delwar Hossain J Md. Habibur Rahman Chowdhury…………………….Accused-Petitioner Vs. The State and another………………………Opposite parties Judgment January 7, 2010. Result: The Rule is discharged. Lawyers Involved: ...... fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post requesting the accused-petitioner for payment of Tk. 6,97,00,000.00, the amount of aforementioned 7 (seven) cheques, within 30 days whic......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ell as fine. But when the trial Court did not impose fine, the appellate Court for the first time in addition to sentence of imprisonment, cannot impose sentence of fine. So, the order of sentence of payment of fine of Taka 1000.00 passed by the appellate Court is illegal and without jurisdicti......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
.... Station and District-Pirojpur. 1 (Neo). Most. Monowara Khatua wife of Alfsrauddin Howlader, village and Post Office-Chalna, Police Station and Districl-Pirojpur......Appellant-oppositeparties (Contesting-Defendant No. 3) 2. Harun Kha. 3. KhokonKha sons of late Raja Kha, Piorjpu......apatra dated 02.04.1974 has been proved by the hand writing expert as genuine to which the Appellate Court was simply oblivious. The quest ion of mutation of the name of the defendants No.4-6 and the payment of LD Tax and the holding tax, approval of the building plan shall have no implication upon ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
....pondent No.2 does not come within the definition of wages and the case having not been filed against the employees, is not maintainable.
4. The Chairman Third Labour Court, Dhaka after hearing the parties allowed the case by his judgment vide Annexure‑'C' directing the petitioner to implement t......, the learned Advocate for the petitioners mainly argued on the first point, that is, the Editor, petitioner No.1, being not an employer is not a competent authority or person to pay the wages or any payment to the respondent No.2, the Al‑Helal Printing and Publishing Company Ltd., being the owner......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
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Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....ner. Muhammad Nazrul Islam with Abdul Baten- For the Opposite Party. Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.3.2010 passed by the lear......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As against the s..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
.... Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred ......5,00,000; that the complainant placed the cheque of Taka 1,50,00,000 in the relevant bank for encashment but the cheque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the acc...... to earn about more than taka two crores out of those works and he would pay complainant half of the profit if she gave him some money and that the complainant as per the proposal of the accused gave loan of Taka 2,25,00,000 within 23-9-2006 to 21-2-2008. 3. It is further stated that the compla..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
.... of someone. He then kept his brief‑case and other hand baggage on the floor and went up to the first floor through the stair‑case. The informant followed him and when he was about to enter the departure lounge of international outgoing passengers challenged and detained him. On interrogation he......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....o.34 of 1973. 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land by partition initially on payment of fixed Court‑fee and subsequently on payment of ad valorem Court......intiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land by partition initially on payment of fixed Court‑fee and subsequently on payment of ad valorem Court‑fee on 26‑11‑77 i...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....eport. He also stated that the hospital staff quarter is situated on the east of Dhaka‑Dinajpur highway which runs by the front of the hospital and thereafter are the staff quarter of the C&B Department. He also stated that at about 12 noon there were many people in the hospital because of pat......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
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