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....te for the petitioner after placing the petition, impugned judgment and other materials on record submitted that learned Additional Sessions Judge acted illegally in passing the impugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of t...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......ts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......d in the said case with malafide intention to harass him and in this connection, at the time of hearing the Rule, the learned Advocate produced certified copies of FIR and statements of two witnesses recorded under section 164 Cr.P.C. including the statement of victim Faima, daughter of Serajul Isla......l and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......ies. Civil Revision No. 439 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Cour...... of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rul......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......aw. The Court of appeal below also appears to have found that the suit is maintainable and it is not barred. It appears from the statement made in the petition that PW 2 says that the suit land being recorded in the name of Abu Sufian and Firoz both of them are in possession of the same. PW 4 also s......d. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......iyan died leaving behind the plaintiff and pro forma defendant No. 10. The defendants claimed the land on the basis of RS record. The plaintiff on coming to know of the wrong entries in the SA and RS khatian filed the suit. 3. Defendant Nos. 1-9 contested the suit by filing written statement cont..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....is the fufu of the defendants and the plaintiff No.1 purchased the suit land and got possession from their fufu and acquired good title, interest and possession the suit land. But the appellate Court wrongly held that Jamina Khatoon sold the suit land long before by Exhibit A kabala dated 21-4-1969 ......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......d. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....rtificate was issued on 2-8-2000 by the Inspector about the quality, quantity of the consignment. The appellant came to learn from the customs authority that the imported goods in six containers were wrongly supplied by the manufacturer to the appellant as Diocty1 Orthopthatete (DOP) instead of fini......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......lant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
.... fact by both the Courts below. But after perusal of the record it is found that both the Courts below failed to appreciate the provision of order 47, rule 1 of the Code properly and legally and they wrongly applied the provision of law. I have already found that the learned Munsif illegally allowed......iff on commission. It is also the case of the petitioner that with due notice to the other side and in presence of both parties, the learned Commissioner executed the commission on 19.10.84 and recorded the evidence of the plaintiff and ultimately submitted his report. 4. It is also the cas...... absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......e transistor, watch, ring, torch, leather bag. Lungi, umbrella (iron butt), towel, plate, saucer, brace and net. P.W. 9 Md. Mynuddin was S.I. Bamna P.S. at the time of occurrence on 7.10.78. He recorded the F.I.R. on the verbal statement of the informant. He stated at the trial that O.C. M.A. ...... under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......s witness also denied the suggestion that he was deposing falsely. 13. P.W.8 Abdul Satter was tendered but was not cross-examined. P.W.9 A. Bari was the Investigating Officer. He stated that he recorded the F.I.R. and proved it. He also stated that he went to the place of occurrence on the D......ant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......uilt, if any, was merely one of wrongful exercise of discretion which could have been appropriately corrected by a reprimand. 25. We have in details set out the facts, circumstances and evidence recorded in the case. We have no manner of hesitation in concurring with the Tribunal that "the purc......Pubali Bank, Jamalpur..............Respondent Judgment March 30, 1988. Lawyers Involved: Fazlul Karim, Advocate, with A.K.M. Nurunnabi Khan, Advocate - For the Appellant. ATM Monwaruddin, Advocate, with Shirin Nahar, Advocate - For the Respondent No. 1. B. Hossain, Advocate - For ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......os. 1-3. Miah Abdul Gafur - For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A.......e sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appertaining to khatian No. 285 of Mouza Kafrul. Upon his death the property devolved upon his 4 sons Baser, Yasin..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....e relevant portion of the judgment thus:- "(10) It is to be observed that when an authority is vested with a jurisdiction to do certain acts and in the exercise of that jurisdiction he does it wrongly or irregularly the action can be said to be done within the reported exercise of his jurisdi...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......s Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gaf...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......mmons of the suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff but dismissed the suit on the reasonings that the plaintiff f......tion is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ate Acquisition and Tenancy Act, 1950 number of plots were created out of said CS Khatian No. 139 under various khatians on the basis of possession of the persons. As the land measuring 0.63 acre was recorded in a new SA plot No.92 appertaining to first SA Khatian No.76 then 73 in the names of the p......e Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referred To- Muhammad Muzaffar Khan vs. Muhammad Yusuf Khan, 11 DLR (SC) 78; SM Basiruddin vs. Zahurul Islam Chowdhury, 35 DLR (AD) 230: Shafiuddin Chowdhury vs. Md. Abdul Karim and others......ion by filing a written objection. Main objection is that during the survey under the State Acquisition and Tenancy Act, 1950 number of plots were created out of said CS Khatian No. 139 under various khatians on the basis of possession of the persons. As the land measuring 0.63 acre was recorded in ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......d body to the morgue for post-mortem examination. Thereafter, Inspector Farid Uddin Ahmed took up the investigation of the case and visited the place of occurrence and prepared sketch map with index, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure and on compl......itional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ror in the decision occasioning failure of justice that the claim of the plaintiffs in the plaint is that the disputed place is a part and parcel of CS plot No.657 but the Advocate Commissioner quite wrongly reported that the disputed place is a common passage used by both the plaintiffs and the def....... The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the schedule ‘A’ in...... Court . High Court Division . (Civil Revisional Jurisdiction) Present: Md. Abdus Salam J Sufia Islam Shila and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
.... 86-87 and 87-88 and by the impugned order dated 16-3-95 confirmed the order of the Appellate Joint Commissioner of Taxes.
5. It has been contended that the Tribunal in passing the appellate order wrongly interpreted section 4(3) (i) of the Income Tax Act, 1922.
6. In Reference Application......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......ro Industries Development Assistance Society (MIDAS)………. Applicant
Vs.
Commissioner of Taxes.................Respondent
Judgment
April 4, 2001.
Cases Referred To-
All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner of Inco......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ave been decided their Lordships have held as under: “We are of the view that the age old methods determining the normal price various adjectives i.e. indicative value, enhanced valuation price, recorded value, loaded value, Commissioner’s value, etc have no sanction in law and, as such, we d...... terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....d Subordinate Judge of the Court of trial committed no error of law resulting in an error in the decision occasioning failure of justice.
20. Mr. Mahbubey Alam, the learned Advocate, seems to have wrongly laid stress upon the words “together with any depositions and documents which may have bee...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazail and Co, PLD 1958 (WP) Karachi 27; 8 BLD 369 and 49 DLR 335.
Lawyers Involved:
Mahbubey Alam with M Aminuddin and Mahmuda Parveen, Advocates—For the Defendant-Petitioner.
MA Samad, Barrister-at-Law...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
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