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Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... 9. Though, there is no permission to move the application but the learned Advocate for the petitioner moved the application and obtained Rule, which appears to be a misconduct of an Advocate. At the time of hearing of the Rule, we asked for the original of those documents but the learned Advocate f......es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ..

Category: Property Law | Date: | Hits: 73

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....ition, the respondent No.5 could not comply the terms and condition of Annexure-C and as such the Ministry of Jute lawfully rescind the said 'No-objection'. It has been further stated that in the meantime the loan giving Uttara Bank obtained a money decree against the man­agement of Taj Jute Backin......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. espectively ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....Shariah. The Petitioner was also elected as a Member of Parliament in 1996 and 2001 from the Pirojpur-1 constituency of Bangladesh. It is further stated that the Petitioner performed Hajj a number of times and regularly performs Umrah. Since 1973, he has performed pilgrimage (Hajj/Umrah) to Mecca an......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....itioner were prima facie proved and thus submitted charge sheet. Mr. Mobin further submitted that trial had already commenced and 3 (three) prosecution witnesses have already been examined in the meantime and at this stage the accused-petitioner cannot be enlarged on ball. 8. From the F.I.R it ap......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..

Category: Criminal Law | Date: | Hits: 88

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....under the cot of his rented house belonging to one Salim Haji and no revolver with bullet were recovered from the control and possession of convict appellant Mirza alias Mizan on the alleged date and time. Learned D.A.G submits that convict appellant had conscious knowledge about the alleged arms an......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....mar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and po...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....e the particulars of the property to be acquired and taken possession of. and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mention......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

.... transfer, or create any encumbrance or charge on, any such interest in any khas land in any manner otherwise by temporary lease, but no such lease shall be given for a period exceeding one year at a time expiring on the last day of the agri­cultural year in which it is created......except with the......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....can a tax be introduced or imposed by implication……………………………..(24) Under section 4(2) of the VAT Act the words "Customs Act" was inserted by way of reference only fixing the time to submit bill of entry and it deals with in respect of rate of VAT. There is no question of de....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....idering where the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing th......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....-11-2010. But although the plaintiff submitted original two bills of leading dated 12-9-2010 to the shipping agent of the Vessel, yet the defendant vessel failed to discharge the cargo and in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-1......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....provisions of section 3 of the Ordinance the Deputy Commissioner has to say whether the property in question is needed or alternatively whether it is likely to be needed but he cannot say at the same time that it is both needed or likely to be needed. On considering the notice under section 3 of the......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....petitioner that there is no averment in the charge-sheet when FIR has been transmitted to the investi­gating authority of the Anti-Corruption commission though, respective rule has prescribed 2 days time to forward the FIR on lodging the FIR does not bear any substance as this is absolutely a proce......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

.... No. XXVIII of 1951); s. 75A   Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amend­ment of law, that shall be cancelled and the suit premises should be returned ba......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....C 1230 at 1233 are, i. the lineal male descendents of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person; ii. Such descendents can at any time work out their rights by asking for partition; iii. till partition each member has got owner......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

.....   On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the couple can lead evidence whether or not they had access at the time of conception. It is only the husband and wife who could say whether they had co-habitation or ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..

Category: Family Law | Date: | Hits: 114

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....d by the Code of Criminal Procedure in respect of the proceeding before him is exhausted and he is not empowered to take any further action in the matter. 2. It appears from the record that at the time of hearing, the case of Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the Statereporte......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....d upto the Appellate division. In that case it was held that there was cause of action in the suit. But in the instant case the allegation made by the defendants were admitted by-the plaintiff at the time of cross-examining her. The case law of Dhunat College Vs. Abdus Samad reported in 49 DLR 38 is...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....uty, as the case may be, in case of importation of a vehicle by a member of Parliament, subject, however to certain conditions. 28. Paragraph (ক) allowed any MP after being elected for the first time and taking oath to import a vehicle of the prescribed description provided that the tenure of t......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246