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Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s. However, Mr. SM Moniruzzaman, the learned Counsel candidly submits that the law is very much clear on this issue and the petitioner on that score cannot be put to Civil imprisonment for the second time. 7. Heard the learned Counsels for both sides and considered their submissions. Section 34(1......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....e allegations made in application filed for removal o the petitioner from the office of the Mutwalli. On receipt of the show cause notice petitioner appeared before the respondent No.1 and prayed for time and thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 responde...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..Category: Trust/Waqf Law | Date: | Hits: 85
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....ction challenging any action of the respondent or order in connection with the criminal case. Accordingly, she contends that, since admittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly, she submits th......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....ollowing cases: (a) Where it does not disclose a cause of action; (b) Where the relief claimed is undervalued and the plaintiff on being required by the Court to correct the valuable within a time to be fixed by the Court fails to do so; (c) Where the relief claimed is properly valued but...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....nt of the allowance for the following year or, if no allowance is admissible for such following year, shall be deemed to be allowance admissible for such year and so on for succeeding years till such time as the entire allowance on this account is adjusted against the profits." (underlined to giv......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....enied that he was not present at the place of occurrence and he was deposing falsely. 16. P.W.3 Md. Habibur Rahman deposed that on 10.5.1996 at 3.00/4.00 a.m. he was sleeping in his house. At that time a gang of outlaw of Badal Bahini entered into his house and confined them in a room along with ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
..... JPRA RA/LA/524 dated 5-10-1999, an estimate of Taka 1,39,39,180.75 as price of 7.7475 acres of land was sent to the requiring body i.e. Commissioner, Customs, Excise and VAT, Rajshahi. In the meantime, National Board of Revenue sent their administrative approval for expenditure, sanctioning the ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
.... Although Tk. 3,89,743/- was paid to the owners of the other fisheries, the accused petitioner did not pay any amount to the complainant opposite party. It is alleged that the accused petitioner took time again and again for payment of the dues of the complainant but at last refused to pay him any......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....it No.464 of 1985 has been filed for declaration of title and recovery of khas possession. 3. What is important to note there is that the defendants did not contest the suit. After a long lapse of time, the learned Sub-ordinate Judge by the judgment and order dated 25-10-1995 decreed the suit ex-......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....nk, if he has any reason to believe that an offence under this Ain has been or is being committed or is likely to be committed in any place, he may, after recording the reason for such belief, at any time, enter into the premises and search and also seize any Madok Drabya or articles used in commiss....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....so shows that the decree was for Taka 16,60,23053. 17. It is admitted proposition that Mahbub Hossain Khan, the husband of the petitioner, is Judgment-debtor No.2, It is further admitted that some time after filing and registration of the execution case, that Bank on 12-8-2003 filed an applicatio......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
....Act delivered his judgment and decided that the petitioner on different counts evaded VAT amounting to Tk. 49,90,913/-and accordingly ordered the same to be paid by the impugned order and at the same time imposed supplementary duty Tk.38,09,824/- under section 37 (2) of the VAT Act. The procedure by......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
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Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....by a Court having no jurisdiction to try the case, is a nullity" . It appears in that case the plaintiff filed a suit under Section-9 of the Specific Relief Act for recovery of possession and at that time the village Court had exclusive jurisdiction for such kind of matters. In the said judgment his......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..Category: Civil Law | Date: | Hits: 114
....as to costs and the judgment and decree passed by the learned appellate Court are set aside and those of the learned trial Court decreeing the suit are maintained.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
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Category: Civil Law | Date: | Hits: 103
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....writ petitioner was passed in accordance with law. We find no illegality in the impugned order and hence this rule is discharged on contest without any order as to costs. The stay order passed at the time of issuance of rule stands vacated. 7. The petitioners are directed to surrender before the ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rmity in the impugned decision. I shall only point out that the Election Tribunal shall consider the gunny bags before opening them to satisfy itself that the gunny bags were not tampered with at any time after the election result was declared. 9. Having given my anxious consideration I do not ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....ding of Court rather than permit the parties go to trial more or less on the same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel……......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....suit against her husband, who is plaintiff in the present suit. She appears to be diligent in pursuing the matter. On the other hand, the plaintiff-petitioner who allegedly got married for the second time without consent of his first wife (herein defendant-opposite party) was trying to drag the matt......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....llow this. It has been contended that the problem is in the family of the directors wherein the Bank has nothing to do. The parties in litigation produced certain papers before the trial Court at the time of hearing of the partition filed under Order 39, rules 1 and 2 of the Code of Civil Procedure.......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
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Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... 13. The Petitioner No.1 and the spouse of the Petitioner no.3 were released from the prison in June 1980, yet they were not supplied with any official document as to their release at any point of time, not even today. No document or certified copy on the trial, the charge, deposition, proceeding......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
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