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Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......y the Adalat is ex facie illegal since the same was issued beyond the scope of the express provision of Ain itself. He further submits that there is no scope to issue a certificate of this kind after holding auction under section 33(4) of the Ain and if the decree-holder bank is willing to take over..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....fessional statements of the condemned-appellants, the fact remains that all of them participated in the criminal act in some form or other in a very brutal, gruesome and nerve-racking manner. It is undisputed that at the time of occurrence, Nasima was seven month’s pregnant and the child was l......st thereon and made a report and he signed the inquest-report as a witness. 33. In his cross-examination, P.W.2 Md. Tajul Islam states that nobody could identify the beheaded body at the time of holding of the inquest and at about 4-00/4-30 PM, the police took away the body to Savar Police Stat..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....s (ED) Ltd reported in 64 DLR (AD)100 wherein Mr. Justice Md. Fazlul Karim (as his lordship then was) expressed in clear terms: — "It is now established principle of law that since no disputed question of fact need be gone into and that only interpretation of certain provision of law......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., it will not vitiate the notice. Mr. Quamrul further submits that the exparte decree passed in a suit for specific performance of contract will not affect the vested character of the property. Since disputed question of title is involved, the writ petition is not maintainable. Mr. Quamrul does not,......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the pre-emptee opposite-party Nos.1 and 2 are stranger to the case land. No notice of tr..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......urt Division has thoroughly considered and discussed the evidence of witnesses and disbelieved the prosecution case as regards the respondent's complicity in the murder of victim Nilufar Rashid holding that P.Ws.1, 2,3,4,5, 6 and 10 who are the near ones of the victim failed to substantiate t..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... Court Division has thoroughly considered and discussed the evidence of witnesses and disbelieved the prosecution case as regards the respondent's complicity' in the murder of victim Nilufar Rashid holding that P.Ws.1, 2, 3, 4, 5, 6 and 10 who are the near ones of the victim failed to substantiat..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....s in the matter "of declaring title and getting possession of a property which can only be done by Court." Another aspect is that defendant No.3 gave his address "in his suit as of the disputed allotted suit plot which shows that he is a fake person as addressless person can be used b......nce Corporation by mortgaging the suit plot with it on 17-5-1967. Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar mutated his name with the revenue department of the Government, opened Municipal holding in his name in respect of the suit plot and took connections of various utility service..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....sessed and there has been no proper appreciation of law and as such the impugned judgment and decree is not sustainable. It is evident from the pleadings and evidence that the vacancies caused by the disputed termination was filled up by the Bank and the termination was not a termination simplicitor......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ordinary jurisdi......e conducts of the accused and circumstances of the case. It may be proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitation in holding that there is no ingredients of quashing the impugned proceedings in the instant case a..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......nnocence and false implication. It was divulged in defence that due to local rivalry he was falsely implicated in this case by the locals. 10. After trial the learned Judge convicted the accused holding: (i) The prosecution successfully proved the charge under Section 302 of the Penal Code..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ct that the contesting respondent Nos.7 and 8 did not file any written statement and did not adduce any evidence in support of their claim in the suit land, allowed the appeal and decreed the suit holding that the power of attorney was genuine and that the other evidence adduced by the plaintiff..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....rder dated 16.02.2006, the Adalat rightly passed the order dated 07.10.2007 on the application filed by the decree-holder-Bank; whether the petitioners filed the application on 16.02.1996 or not is a disputed question of fact which cannot be decided in a writ petition. 4. The main contention of......n No.2535 of 2008 giving rise to Leave Petition No.648 of 2010, it appears that the High Court Division discharged the Rule on two grounds: first being that the writ petition was not maintainable. In holding so, the learned Judges took notice of the fact that the petitioners denied about the filing ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... of the petitioner Md. Ibrahim on an application under Article 102(1) & (2) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....g of section 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context...... accused while he was in detention and only 72 hours time was given and no further time was extended for submission of wealth-statement. Under the circumstances, the Apex Court made some observations holding inter-alia that "A notice must allowed a reasonable time to check-up the details of the..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ereafter handed over possession of the suit land. The said Meherunnessa Chowdhury while was possessing the suit land mutated; it in her name with the relevant government offices by opening a separate holding Number and paying rent (খাজনা) to the government. 4. She later on transferred ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....ther that submits the Bank Account to be opened with Islami Bank is to be operated under joint signature of the Managing Director (the petitioner) and the Chairman or Vice Chairman, but adopting this disputed resolution dated 6-10-2011 the respondents have violated the provisions of Article 38&......he Managing Director of the Respondent No. 1 Company namely The Heaven Homes Private Limited, certificate of incorporation No.C-71163 (3670)/08, having 500 shares of Taka 1000 each. The petitioner is holding 20% shares in the company, incorporated on 8-5-2008 as a private company limited by shares, ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... clear difference between the offences under the Ain and the offences under other laws mentioned in the schedule thereto. He has further submitted that the High Court Division was absolutely wrong in holding that section 38 of the Ain, 2004 has no manner of application in the case as the offence und..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....sued the cheques and they are prima facie responsible for non-payment of the cheque amount in favour of the complainant. Whether the accused-petitioners were responsible for non-payment of money is a disputed question of fact, which is a matter of trial and evidence, and the same may be gone into du......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......al was heard by the learned Additional District Judge, Dhaka who by the impugned judgment and decree dated 17-2-2005 allowed the appeal, set-aside the judgment of the Trial Court and decreed the suit holding possession in favour of the plaintiff and found title with them. The appellate Court relied ..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
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