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Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....he Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — F......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. ......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)
....on of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list of abandoned property is sufficient relief and from the date of delivery of the Judgment the property is obviously not an abandoned property and it stands ex......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. ......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)
.... the order of warrant of arrest was issued, the same be revoked or withdrawn.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. ......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. ......arrested accused Arzan with the local people and advised to catch another dacoit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at a..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....urt High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rule is m......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. ......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)
....ee. Ed. This Case is also Reported in: ......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 ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....T (HCD) (2010) 62. ......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. ......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)
....nd circumstance of the given case………………………………………….(27) The Code of Civil Procedure, 1908 (Act No. 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 disc....... 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. ......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
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....d. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ...... posts specified in the said memo. It was mentioned in the said memo that approval of the Ministry of Finance was to be taken in due course and accordingly, their salaries were approved. In course of time, out of the 41 persons displaced by the termination of the Forest Resources Management Project,......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....etitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for ......0 alleging inter alia that on 22-7-2001, she was married with accused No.3 Abul Kalam. After marriage she used to live at her conjugal home. They have one daughter aged about four years. After some time of the marriage the accused used to torture her for the cause of dowry. On 4-1-2007 at 7-00 P.M...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: ......ccused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Involved: Md. Badrudduza, Advo......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Habib Khan……………………….Petitioner Vs. State………………………….Opposite Party Judgment February 8, 2012. Result: The ...... victim Mosammat Rokeya Dil Afroz Munmun disclosed before the learned Metropolitan Magistrate, Dhaka on 09-06-2010 in her statement that her age is 18 years . Her age was reduced 2/3 years at the time of SSC registration. She has voluntarily gone with the accused Arif Khan. 7. The Medical exa......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....urisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: ......ppearing with Ms. Afsana Begum Advocate on behalf of the petitioner submits that the Artha Rin Adalat without applying its judicial mind issued certificate under section 33(7) of the Ain, 2003 at the time of passing the impugned judgment in favour of plaintiff bank and thereby adjusted the value of ......i, the learned Advocate further submits that the plaintiff bank filed the Artha Rin suit violating the mandatory provision of section 47 of the Ain, 2003. The bank was barred from filing any suit for recovery of its principal loan amount plus more than 200% interest accrued thereon and in such view ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....m are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... son on 20.05.1998 at 10.00 a.m.; that accused Alas gave a Holonga blow on the right rib of her son and he again gave a rod blow on his forehead and head. 16. P.W.3, Angur Miah, was present at the time of occurrence on 20.05.1998. He corroborating P.W.1 and 2 deposed that accused Alas gave a holo......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....…………………………Respondents Judgment November 8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appeal Tribunal ex p. Begum Manshoora, (1986) Imm. A 385; Lawyers Involved: Dr. M. Zahi......d Mutual Fund and the state-owned ICB (1st Mutual Fund). AIMS started with a fund of Tk.50 million with a five year initial tenure but owing to unprecedented over-subscription for the IPO (about nine times) the size was increased by another Tk.20 million. The size was further increased to Tk.140 mil......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the basis of the law which is already dead . . . Claim of the Government or by the vested property authority that certain property is a vested property, without the necessary factual basis and legal foundation, ......y way of exhibit 3, the mutation in his favour by way of exhibit 2, the rent receipts by way of exhibit 6 series and the voter list showing that his vendor Raj Kumar was a resident of the area at the time of transfer by way of exhibit 7. There is nothing on record to show as to on what basis the pro......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....also Reported in: 13 MLR (HCD) (2008) 230. ......t such above prayer was illegally rejected by the Special Tribunal No.1 vide impugned order. 8. He argues the petitioner is subject to the decision of the Court about ownership of the Truck at any time and the petitioner will be bound by the bond to produce the same in Court as per direction of t......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ported in: ......n section 364 of the Code, 1898. He was extensively cross-examined by the defence, but nothing could be elicited to shake the credibility to his evidence. It is pertinent to point out that at the time of recording confession by P.W. 9, the appellants did not raise any objection regarding its tru......had killed Rafiq by strangulation at the bank of River Jamuna. 24. It is true that there is no eye witness in the instant case and the case rests upon the confession of the appellants which led to recovery of the dead body of the victim Rafiq and the circumstantial evidence relating thereto. F......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....n 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on completion of such assessment the appropria......andatory provisions the respondents have made clear violation and without making final assessment, respondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provisional assessment. For encashment of Bank Guarantee the respondents should have issued ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
....urt Division
(Special Original Jurisdiction)
Present:
Ashfaqul Islam J
SM Emdadul Hoque J
Kamal Imports and Exports Ltd. & another………………………Petitioners
Vs.
National Board of Revenue and others………………………Respondents
Judgment
August 10,......ন কর (অগ্রীমপরিশোধ) বিধিমালা, ২০০৪ (SRO No.260); Rule 5
Registered commercial importer and trader are not required to pay advance VAT at the time of selling stage of the said goods.............(29)
When the petitioner paid the advance VAT......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......s a tenant by paying rent to the sherista of GC Basak upto 1362 BS. He did the act of possession by rearing and catching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and sometimes through bargadars. He also developed a portion of land by spendin......a question of legality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms pa......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
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