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Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....eme Court High Court Division (Civil) Present: Faruque Ahmed J Pran Gopal Saha and others………………………Petitioner Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others…………………..Opposite Parties Judgment February 15, 2010. ......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. ......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. ..

Category: Civil Law | Date: | Hits: 103

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

......Petitioners Vs. Sonali Bank and others…………………..Respondents Judgment September 11, 2007. Result: The rule is discharged. Lawyers Involved: Debdas Sammader, Advocate - For the Petitioners. Asad Hossain Chowdhury, Senior Advocate - For the respondent No.1-2. ......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 ......on Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgmen...... 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)

.... 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. ......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. ......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)

....sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......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. ......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)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Md. Raushan Alam ………………….................Petitioner Vs. Mst. Zahura Khatun…………………………………Opposite Party Judgment November 1, 2012. Resul......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......gs in Other Class Suit No.152 of 1994 till disposal of the miscellaneous case, but suddenly she fell in illness and left the Court premises. Thereafter, she was under treatment up to 6.10.1995. After recovery she went to Court on 28.10.1995 and came to learn about the ex parte decree. 6. Then she......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

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......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. ......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. ..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....etitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Refe...... 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......a letter toJustices Shamsuddin and Hossain I explained itwas impossible for me to travel to Dhaka at thismoment. My son was recently in a seriousaccident. He was badly injured. He is in theprocess of recovery and has passed a criticalpoint in a three month process of recuperation. My presence is ......ts. In Antiquity when the use of might alone was consideredas the right policy the kings and ruling chiefs, waged incessantwars against their neighbouring rivals and adversaries and by sheer force of arms defeated and brought in chains men, women, young and old without number. The gallant and braves..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....f 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. ......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...... Vs. Som Dass, AIR 1975 SC 2159, the appellant instituted the suit claiming as Mahant-in-charge of the Shiromoni Dera the right to manage the properties attached to the Dera at Landeke and prayed for recovery of possession of the Dera. The trial Court decreed the suit and in the appellate Court the ......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)

....end down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ......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......till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, i......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)

....ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment December 8, 2011. Result: ......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. ......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)

..... It can set­tle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facilities pro­vided under tena...... 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 ......of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises. It can set­tle only ......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)

....t 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. ......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. ......d from the side of respondent state is a case under section 19A and 19(f) of The Arms Act. In the said case Mukim Gazi was apprehended and one revolver and some cartridges were recovered from him. No arms were recovered from other accused persons. It was held that the revolver and cartridges recover..

Category: Criminal Law | Date: | Hits: 83

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involved: Mohammed Mozammel Haque Bhuiyan, Advocate - For the petitioners. Kamruzzaman Bhuiyan, Advocate - For the opposite parties. Subrata S......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. ......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)

....esh Vs. Mrs. Rowshan Ara Begum, 10 MLR (AD) 337 = 57 DLR (AD) 167; Bangladesh Vs. Md. Jalil, 15 BLD (AD) 175 = 49 DLR (AD) 26; Assistant Custodian Enemy Property (Land Appeal Board) Tangail Vs. Bholanath Guha, 36 DLR (AD) 79; Reazuddin Vs. Jatindra Kishore, 37 DLR (AD) 202; Munipal Council, Sujanpur......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. ...... 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)

....eceipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......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. ......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

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....ier 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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

.... the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......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......nt No.3 Agrani Bank as plaintiff filed Title Suit No.153 of 1996 in the Court of Sub-Judge and Artha Rin Adalat, First Court, Dhaka impleading the petitioners and others as defendants in the suit for recovery of money and subsequently the said suit was transferred to the Court of Subordinate Judge a......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. ..

Category: Civil Law | Date: | Hits: 85

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....sion (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. ......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. ......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)

....han) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T.M. Shakil Hasan, Advocates-For the Respondents.......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. ......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)

....s Case is also Reported in: 61 DLR (HCD) (2009) 693. ...... 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. ......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