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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 consideraÂtion 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……â......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...... paragraph no. 3 of the Special Martial Law TribunalRegulation, 1976 (Regulation No. XVI of 1976) with Mohammad Abdul Ali, Magistrate First Class, Dhaka Sadar(South) as one of its Members. Before his appointment as a Member of the Tribunal, I as the District Magistrate, Dhaka was never consulted nor..Category: Criminal Law | Date: | Hits: 154
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......ntiff as sebait of the Deity by the deceased sebait Keshab Das, was legal. In the facts of the given case, it was decided that the temple is a private debtor property and not a public debtor, and the appointment was legal. In G. Shastri's Hindu Law, 8th Edition at 656-57, the author while dealing wi..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 conÂtention 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 ......to say,- Section 9. Section 91 and 92, Sections 94 and 95 so far as they authorize or relate to, - (i) orders for the attachment of immovÂable property, (ii) injunction (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to in ..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...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..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
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