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Ful Mia Vs. State, 2004, 33 CLC (HCD)
....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......mmad AH, accused appellant Ful Mia and accused Shahidul Haq to the Sarankhola Thana Hospital for treatment. Thereafter P.W.I Inspector Faruk Ahmed informant lodged First Information Report, which was recorded as Sharankhola Police Station Case No.4 dated 10.5.1996 corresponding to G.R. No.303 of 199......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e are unable to accept the submissions advanced by the learned Assistant Attorney-General, however, the submissions advanced by the learned Counsel for the petitioner prevail and appear to have a good deal of force. 13. Moreover, on careful consideration of the notice issued under section 3 o......there is no cause for abatement of the proceedings. 6. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ petition along with other materials on record and given our anxious consideration to their submissions. 7. Now, the question that calls ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......tle and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jote and his name was duly recorded in CS khatian. After that, Niamat Ali died leaving behind a son, namely, Miah Kha and two d......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....after, the Bank on 9-10-2002 filed Title Execution Case No.123 of 1998 for execution of the decree passed in the suit before the Adalat. In the application for execution, the pledged and hypothecated goods were shown as schedule 'A and B'. Subsequently, on 12-8-2003 the Bank filed an application in ......04 is in accordance with law. 15. Perused the writ petition, affidavit-in-opposition; supplementary affidavits filed by the parties and reply thereto. Also considered and examined the materials on record, submissions and the decisions and the relevant provisions of law as referred to by Mr. Md.......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
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......sued a cheque being No.3308670 for the amount of Taka 55,13,320/- and the accused petitioner assured him that the rest of the amount will be paid subsequently. It further appears from the evidence on record that thereafter the opposite party No.2 deposited the cheque on 08.08.2007 for encashment but......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
....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.
......n of VAT Act. But the supplementary duty that has been imposed under section 37(2) of the Act is not sustainable since in so doing no provision as envisage under law have been complied with.
6. We record that the second part of the impugned order by which supplementary duty has been imposed is be......eard the learned counsel for the petitioner and the learned Assistant Attorney General and considered their submissions. We have found considerable force and substance in the submissions pressed into service by the petitioner as already stated above. This view also finds support in the decision as c..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....nd as such are liable to be set aside and the original judgment and decree dated 25.05.1999 passed by the learned Senior Assistant Judge, Madhukhali, Faridpur in Title Suit No.25 of 1998 should stand good and remained unaffected. The learned Advocate further submitted that when there is no provision...... None appears to oppose the rule. 11. On perusal of the impugned judgments passed by the learned Courts below, it appears, the learned trial Court on consideration of the evidence and materials on record by his judgment and decree dated 25.05.1999 once decreed the suit directing the defendant to ......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
.... against the parties of the agreement and that any other person claiming under him by a title having arisen subsequent to the contract, except the transferees for value who purchased the suit land in good faith and without notice of the original contract for sale. In the present case, it appears, th......ocate appearing for the petitioners placed the revisional application and the impugned judgment and decree and submitted that the learned trial Court on consideration of the evidence and materials on record having decreed the suit the learned appellate Court committed error in allowing the appeal by...... the suit is barred by limitation.
16. In the present suit admittedly the defendant No.1 and 2 being the owners of the suit land executed the disputed agreement dated 21.03.1974 and inspite of due service of summons on them the defendant Nos.1 and 2 did not appear and contest the suit, but defend..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......Additional District Judge, Dhaka for disposal. 3. At one stage the opposite party decided to fly Australia on an employment-visa. For the purpose of registration of the name of his children in the record of High Commission, he filed an application under section 16A of the Family Court Ordinance, ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......fer, they were possessing the land by paying rents to the Government. As the land measuring 3.87 acres in plot Nos.756 and 701 and 1.72 acres of land in plot No.806 of C.S. Khatian No. 29 was wrongly recorded in S. A. Khatian No.393 in names of the previous owners Gour Sundar and others, their (pla......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....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. ......oner. 5. The opposite party No.1 of the election petition then preferred Election Appeal No.3 of 2005 before the Appellate Tribunal. Upon hearing the matter and on consideration of the evidence on record the Appellate Tribunal to the finding that the petitioner of the election petition has laid a......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)
....ent power to act ex debito justitiae to do that real justice for administration of which alone it exists. Under section 151 of the Code Court acts ex debito justitiae according to equity, justice and good conscience and in consonance with fundamental principles of Judicial procedure. A plaint may ......oner. Md. Abdullah, Assistant Attorney-General - For Government/Opposite Party. Civil Revision No.3230 of 2004. Judgment AK Badrul Huq J.- In interest of justice it is felt to record a message that many litigants including the Government in order to steer clear of Order/Judgm......uit tank is illegal and void. i. Additional Deputy Commissioner (Revenue), Comilla and others as defendants put up contest against the suit on presentation of a written statement pressing into service contention that suit tank is a fishery and it was liable to be acquired by Government and Go..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....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: ......rs and proceedings of a suit has been stayed, in view of which the matter is taken up for disposal even in absence of the parties. 3. Facts relevant for disposal of the Rule as it appears from the record, in brief, are that the petitioner instituted Other Class Suit No.152 of 1994 in the Court of......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
....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.
...... at least two of the directors. It is contended on behalf of the respondents that notices of the aforesaid meeting was served upon all the directors. Mr. Moudud Ahmed submitted that they have all the records with them to substantiate their contention that notices were served upon plaintiffs 2 and 4 ......um and Articles of Association and also the law. It is further argued that as is customary with the company notice of the Board meeting was served upon plaintiffs 2 and 4 by hand. He submits that the service of notice is a matter of evidence which cannot be decided while disposing of the injunction ..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......ven if the prosecution case and evidence were accepted still they did not constitute any offence under section 493 of the Penal Code. 7. He further submitted that there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....er exonerated,and admired for the remarkable man he was, will bring somepeace to their hearts. If you accomplish this Justice Shamsuddinand Justice Hossain, you will have accomplished a very greatand good deed. 55. It was almost exactly thirty-five years ago this month thatI finished writing “A......tation on 4th June 1976. Section 121A of the Penal Code was cited in the said FIR along with some other provisions of the said Code. 5. The FIR led to the purported commencement of a case that was recorded as Special Martial Law Tribunal Case no. 1 of 1976. Both the Petitioners were purportedly f......g below only those averments which are unique to these Petitioners, in summarized version; Major (dismissed) Ziauddin, the Petitioner No.1 was aMajor in the Bangladesh Army who was dismissed from the service in consequence of his conviction in the abovementioned special tribunal case no. 1 of 1976, ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....ween religion and charity. Charity is regarded as part of religion. 9. The Hindu religion recognizes the existence of a life after death, and it believes in the law of Karma according to which the good or bad deeds of a man produce corresponding results in the life to come. The position therefore......tioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March 2004, and pursuant to an application filed by the respondent on 8th July 2004, the learned Joint District Judge recorded an order of abatement of the suit on that day. Thereafter the plaintiff filed an applicatio......Ghose." This description clearly justifies its claim that the plaintiff is not a private individual but an 'Akhra' or Temple which is a religious organization established for charitable and religious service of the Hindu community. The object of the legislature is lo secure correct particulars regar..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....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. ......im appearing with Mr. Syed Abdus Salam, the learned Counsel appearing on behalf of the appellant, after taking us through the plaint, written statement, evidence of DW and different exhibits from the record, contends that the learned Subordinate Judge committed an error of law in passing the decree ......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
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... learned Assistant-Attorney-General, appearing for the State (opposite party No.1) submits that she has no instruction with regard to this case. 6. We have perused the materials on the lower Court record called for by the Rule issuing order and considered the grounds taken in revisional applica......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....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. ......pretation so equally demands for strict application by an authority authorized to apply. The VAT Act is a comprehensive tax law. It has defined the tax to be paid as VAT on the specified sales and/or services. Similarly, it has laid down elaborate procedure for realization of the tax and punishment ..Category: Fiscal/Taxation Law | Date: | Hits: 135
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