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Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......property by the vendor which is mortgaged with Bank Asia. It has further stat­ed in the plaint that, defendant No.1 till today not obtained sale permission from RAJUK and provided the plaintiff with documents evi­dencing that the schedule property is free from all kinds of encumbrances and the red..

Category: Civil Law | Date: | Hits: 200

STS Holding Limited (Apollo Hospitals, Dhaka) Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

.... (five) years under the aforesaid SRO but the respondent No.2 without considering the said provision, illegally rejected the petition. 4. We have heard the learned Advocate for the petitioner. The relevant portion of the SRO No.180-Ain/99 dated 1-7-1999 reads as follows: “৪৪। এস, ......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......Present: ABM Khairul Haque J Md. Abu Tariq J STS Holding Limited (Apollo Hospitals, Dhaka)……………………Petitioner Vs. National Board of Revenue represent­ed by its Chairman and others…………………Respondents Judgment August 28, 2008. Result: The applic......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ..

Category: Fiscal/Taxation Law | Date: | Hits: 237

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....cree formally drawn up." 9. It seems to us from the above that in the above case in the preliminary decree there was an order making the decree for sale absolute. Therefore, the proposition is not relevant at all to decide the issue before us. Two other decisions namely A.I.R. 1918 Patna 41 and 3......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......se is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....held to be unconstitutional as being violative of Articles 31 and 35 of the Constitution or such other or further order or orders passed as to this Court may seem fit and proper. 3. Facts in short relevant for the purpose of disposal of this Rule are that the petitioner Salma Sobhan brought the i......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200......ment; (9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (10) willful damage to prison property; (11) tampering with or defacing history tickets, record or documents; (12) receiving, possessing or transferring, any prohibited article; (13) feigning i..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....l Deputy Commissioner relating to selection of the land of UPCB (Annexure-1 to the affidavit-in-opposition filed by respondent No.3) it further transpires that on examination of the report of UNO and relevant documents, it was found that attempts had been taken for a long period for selection for th......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Commissioner relating to selection of the land of UPCB (Annexure-1 to the affidavit-in-opposition filed by respondent No.3) it further transpires that on examination of the report of UNO and relevant documents, it was found that attempts had been taken for a long period for selection for the land of..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....l and setting aside the judgment and Order dated 20-4-1998 passed by the learned Assistant Judge, 4th Court, Gazipur in Pre-emption Miscellaneous Case No.17 of 1996 should not be set-aside. 2. The relevant facts leading to the filing to this revision are as follows: The opposite Party No.1, Sh......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... 320. ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....ohmong chief. Petitioner could not show anything contrary to the said policy decision of the Government which is being followed in nominating and recognising the chief of the Bohmong tribe except the relevant part of the books "An account of the Chittagong Hill Tracts" by Mr. Hutchinson published in......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......nal Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Aung Shwe Prue Chowdhury…………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………Respondents Judgment January 12, 1997. Result: The Rule is d......ples of succession of Bohmongship informed the Divisional Commissioner that fitness and age ratherthan priorityof descent regulated succession to the Bohmongships. 11. On consideration of both the documents we find that fitness as well as seniority of the claimants from amongst the male members o..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....a in Pre­-emption Miscellaneous Case No.8 of 1988 allowing the same should not be set aside and or pass such other or further order or orders as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of the rule in short, are that the pre-emptor-respondent-opposi...... point and affirm the same as the first issue as to whether the suit is maintainable or not. So, I find that this point that has been raised by Mr. Mazumder also not being substantiated by sufficient papers and docu­ment on record. The next point of submission that has been made by Mr. Mazumder tha......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......e parties in support of their respective case adduced both oral and documentary evidence. 6. The pre-emptor petitioner i.e. the present opposite party No.1 adduce 3 witnesses and exhibited certain documents in support of his case and the pre-emptee present petitioner adduce 4 witnesses and exhibi..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....upon such withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential pre­requisite of an action under the aforesaid section is an appl......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ...... in: 35 DLR (HCD) (1983) 70. ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..

Category: Criminal Law | Date: | Hits: 94

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App......w resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and non-reading evidence of D.Ws. Mr. Khan has taken me to the Ext. Ka. From Ext. Ka it appears that the documents has been prepared in the head “দেনমোহরানা ও খোরপোষ..

Category: Family Law | Date: | Hits: 224

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

.... the Act. But from the said provision it is obvious that when necessary provisions are already in the Act, the provisions of the Code, would not normally be applicable. 7. Let us first look at the relevant provisions in respect of the execution of the decree passed by an Artha Rin Court. 8. Th......ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ...... This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ..

Category: Civil Law | Date: | Hits: 208

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....ant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit N......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..

Category: Procedural Law | Date: | Hits: 253

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....chang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the opposite party as plaintiff instituted Title Suit No.......ranted by this Court dated 23.11.2004 is hereby vacated. 13. 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) 418. ...... High Court Division (Civil) Present: Shahidul Islam J Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner Vs. Razia Sultana and others…………………Plaintiff-Opposite Parties Judgment March 18, 2007. Result: ......ranted by this Court dated 23.11.2004 is hereby vacated. 13. 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) 418. ..

Category: Civil Law | Date: | Hits: 104

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

..... Narayanganj in Miscellaneous Appeal No.13/88 affirming those of the learned Subordinate Judge passed on 6-4‑1988 as District Delegate in the above mentioned original Miscellaneous case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wi......District Delegate Subordinate Judge Narayanganj on 13‑7‑1986 under section 276 of the Succession Act, 1925 (hereinafter will be referred to as Act) annexing the original Will and other supporting papers. On 6‑8‑1986 she had taken back the original Will replacing it by a photocopy with the pe......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002...... in his Court.- In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the applicati..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....-6-1996 addressed to the respondent No.3 by the petitioner marked Annexure-D shows that it was made for supplying the petitioner with the inquiry report submitted by the Inquiry Com­mittee and other relevant papers and the Memo dated 2-6-1996 issued from the Office of the respondent No.3 addressed ......llotted for showing cause and in the circumstances the petitioner instantly on 2-6-1996 filed an application to the respondent No.3 praying for supplying him with the attested copies of the essential papers including the report of the enquiry Committee which were never supplied to him earlier for me......vision (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Shafiqul Islam (Md.) & another…………………Petitioner Vs. Board of Intermediate and Secondary Education, Comilla & others………………Respondents Judgment May 16, 20......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....il Revision No.1724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati P...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......rted in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....ision of the meeting of the Chairman, Secondary and higher Secondary Education Board, Sylhet and the Education Board communicated the said decision to the Ministry of Education in accordance with the relevant Rules and Regulations. But instead of appointing the petitioner in the post of Chairman who......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......gment ABM Khairul Hague J.- The Rule Nisi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....ss. He did not visit the place of occurrence and he denied the suggestion that without proper investigation he submitted a perfunctory charge sheet. 17. P.W.8, Md. Abdul Quddus deposed that at the relevant time he was the officer in charge of the Nakla Police station. He recorded the case and fil......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....nt dated 19.12.1990 by failing to pay the remaining amount of the value of the suit property to the appellants even after many reminders for making payment and that the appellants had handed over the relevant and required papers and documents to the respondent at the time of the execution of the agr......Nos.1 to 3 was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expi......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the a..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....able under the Narcotics Control Act, 1990 when the manufacturers or other users procure the same from the internal market inasmuch as the higher rate of duty has been imposed by the said Act and the relevant provision of the Act imposing narcotics duty creates no discrimination as it requires all t......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......n (Special Original Jurisdiction) Present: Md. Joynul Abedin J AS Mamun J Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner Vs. Bangladesh and others................................................................Respondents Judgment ......also heard Mr. Rokonuddin Mahmud, the learned Counsel for the added respondents 6 and 7. Dr. Kamal Hossain having placed the petition, affidavit­-in-opposition as well the affidavit-in-reply and the documents annexed thereto, particularly, the Drugs Control Ordinance, 1982, Annexure-B, Notification..

Category: Others | Date: | Hits: 341