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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....of the Akhra. It is further contended that the Maharaja of Muktagacha established the Akhra and by a deed of endowment established the plaintiff which is being managed by a committee constituted from time to time. 4. In the application it is clearly stated that after the death of Shri Piyush Kant......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....irst Court of Subordinate Judge, Dhaka by Arbitration Miscellaneous Case No. 100 of 1987. In paragraph 'Uma' of the written statement, the defendant No. 1 categorically stated that within few months' time that the said amount would be realized. In the written statement defendant No. 1 admitted the e......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....er opposes the Rule. His bone of contention is that section 37 is an independent section which deals with the penal provisions and can be resorted by the VAT authority independently at any point of time. He referred to the case of Iqbal Hasan Mahmud Tuku reported in 60 DLR (AD) 147 in support of h......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... asking them to quit and vacate the suit room with the expiry of 31st day of January, 1977. But the defendants did not pay any heed to the aforesaid notice and did not vacate the suit room within the time fixed in the notice. The defendants with mala fide motive did not receive the aforesaid notice ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....appellants are seriously defective. VI. Convict-appellant Muhibur Rahman Manik laid First Information Report with Chatak Police Station on 16.3.1999 and that Report was earliest Report in point of time supplied to Police Station in respect of a cognizable offence but prosecution case rested on th......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....1940, shows that the remaining portion of C.S. Plot No.171 i.e. an area of 0.32 acres and remaining portion of Plot No.303 i.e. 0.17 acres have been purchased by both the brothers and during the life time of both the brothers, the said Jomu Sheik never raised any claim against the elder brother that......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ule by filing an Affidavit-in-Opposition, contending, inter alia, the Abdus Sattar Chowdhury, father of the added respondent No.6 made an order gift on 14-3-2002 in favour of his son, during his life-time and delivered possession. In recognition of the said oral gift, his father swore an Affidavit b......her the unregistered Amalnama date 18th Sraban, 1350 BS created any title in favour of the respondent No.6 and other questions can be determined only after examining witnesses and documents in a full-scale title suit. None of these things can conveniently or even suitable by done by the Collector un..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....eneficiary. In case of an irrevocable letter of credit it pays and negotiates documents on demand and (iv) the seller or the beneficiary in whose favour the credit is normally issued. A credit is sometimes issued by the bank direct to the seller but generally the issuing bank advises the credit thro......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
....he suit land as given in schedule 'Ka', 'kha' and 'Ga' of the plaint was originally belonged to Bilat Ali Mondal, the predecessor of the plaintiffs and defendants; that Bilat Ali Mondal married seven times, who died leaving behind his last wife Fakimon Bibi, the mother of the plaintiffs; that before......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
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Category: Property Law | Date: | Hits: 66
....r steps. Thereafter according to order of the learned Judge of the Artha Rin Adalat 2nd attempt was taken for auction sale of the mortgaged property under Section 33(4) of the Artha Rin Ain 2003 this time also no bidder participated in the auction.
5. In this background a certificate was issued u......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
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Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....and that the accused person No.1 took the shop room in monthly rent basis from the accused No.3, Ragib Ahsan alias Manu Miah and started shoe business in the name of ‘New shoe Museum’ that at the time of sanction of loan, there were terms and conditions that the accused petitioner in due time mu......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....he case was decreed by the Arthorin Adalat and it further appears that after obtaining the said decree the bank has instituted Execution Case No.338 of 2004 in the said Arthorin Adalat and in the meantime the defendants of the Arthorin Adalat case instead of preferring any appeal before the High Cou......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
.... stated in the writ petition that the writ petitioners filed Title Suit No. 191 of 1003 before the learned Assistant Judge, Second Court, Dhaka for the relief prayed for in this writ petition. At the time of hearing of the writ petition, Mr. Md. Nurul Amin, learned Advocate for the petitioners, when......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ged to Rajendra Chandra who died leaving 4 (four) sons namely (1) Suchil,(2) Monindra (3)Sudhir (4) Nimai and one wife; that after death of Rajendra his heirs have been living separately; that at the time of death of Rajendra his son Nimai Chandra Roy was a minor who is the plaintiff of the instant ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h Md. Moinuddin, filed a Writ Petition in this Court being Writ Petition No.393 of 1979 challenging the order of the Government and also treatment of the above house as abandoned property. In the meantime, Mohammed Moinuddin again entered into a contract of sale of the said house with the present pe......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....s No. Dhaka Metro Cha-6862 and that they told them to block the road in order to apprehend the dacoits. Thereafter the informant along with other persons blocked the road by placing a truck and in no time the Mini Bus bearing No. Dhaka Metro Cha-6862 arrived at that place and the dacoits started ind......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....ty No.1 and also obtained an ex parte decree by suppressing summons from the opposite party No.1. On her return to Bangladesh Shahar Banoo Ziwar Sultan Bayed became aware of the forgery for the first time. On an application by her in the civil Court the ex parte decree was set aside. The said suit h......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....oluntarily demolish the building. 6. As it creates a chaotic situation, whenever the government demolishes a structure, we expect a change in the mindset of the BGMEA functionaries and at the same time we want the project work to proceed, he said. 7. If we see that the building is obstructing ......GMEA because it has bought the land from its previous owner for a consideration. He asked us to recognise BGMEA member’s insubstitutable contribution to our economy, not only by creating Juggernaut scale employment, but also being one of our major sources of foreign exchange earning, and tried to ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....rs have been allowed by the Court of appeal. Against the said judgment and order passed by the Court of appeal some of the pre-emptees filed this revisional application and obtained this rule. At the time of issuance of the rule, the operation of the judgment and order of the Court of appeal was sta......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
..... V of 1908); section 148 Perusal of section 148 makes it clear that where any period is fixed or granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of time even after the expiry of the period originally fixed or granted. Only exception to such general......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
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