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Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....diction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: ...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....s of the case are that, the petitioner is a private limited company incorporated under the Companies Act, 1913. The petitioner is engaged in the business of producing cotton of different counts and part of them are exported and the remaining are sold in the local market. The petitioner is duly r......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ammadpur Block ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of India and came to East Pakistan in the last part of 1947 and has been living therein wi......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....ution witnesses speak of their presence near the scene of occurrence. But mere presence cannot give rise to inference that appellants shared common intention and in furtherance of that intention took part in the crime". 7. Admittedly, the condemned prisoner, Abul Khair was serving as Havilder ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....of assessment the assesses preferred Income Tax Appeal No. 31/Cont. 105‑86 before the Appellate Joint Commissioner of Taxes, (North) Zone, Dhaka who by his order dated 1.12.85 allowed the appeal in part reducing the addition of Tk. 3,00,000.00 to Tk. 1,00,000.00. 4. Against the aforesaid ord......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....ve. It is argued that the decision of the Court of Settlement in the ultimate analysis does not respond to President's Order No.16 of 1972 and President's Order No.149 of 1972. 6. There are two parts in the Rule itself, one being Memo. No.IMN/V dated 15.1.84 (Annexure M) issued by the Ministry......rty in question is an abandoned property and it answers to the definitive clause of PO 16/72. The process of serving the notice of surrender upon the occupant, to take over possession upon enquiry or investigation, forming opinion whether the property is an abandoned property or not and in the final..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....dgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court,......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....wdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 ......iven in the case reported in 47 DLR 521 on the above consideration. The preamble to the Act is as follows: “Whereas it is expedient to constitute a Bureau for Bangladesh for inquiry into, and investigation of offence relating to corruption and certain other offences and for making provisions..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....cedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issued calling upon the opposite party No.2 and the Deputy Commissioner, Chittagong to show cause why the proceeding of CR Case No.86......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....al - For the Respondent No.1. Writ Petition No.4681 of 2010. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavits filed on behalf of the petitioner before this Division be formed part of the main petition. 2. At the instance of the petitioner MLJ Bangladesh Limited (formerly ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....ime of examination under Section 342 of the Code of Criminal Procedure, which prejudiced the appellant Abul Hashem and other appellants. She further submits that all the prosecution witnesses are partisan witnesses and save and except P.W. 5 Ohid Miah, none of the witness saw the occurrence or...... the said incident Nabinagar police station case bearing No.11 dated 30-1-1995 under section 302 of the Penal Code was stated, which gave rise to GR case No.168 of 1994. 4. After completion of the investigation into the case the police submitted charge sheet against 5(five) persons including the ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....3rd Court of Subordinate Judge, Dhaka, which was subsequently transferred to the 1st Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No.177 of 1994, for declaration of title and partition in respect of 0.32 acre of land of CS Plot No.115 of CS Khatian No.47 of Mouja-Bramonchiro...... that in the earlier suit one of the main questions raised was what quantum of land the CS Plot No. 371 contained and that both the trial Court and the appellate Court in the earlier suit made proper investigation including measurement of CS Plot No.371 by a Survey knowing Advocate Commissioner an..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....ailed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint w......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
..... But the defendant-appellant declined to give possession of the suit property and offered to refund Taka 1,20,000.00 to the plaintiff-respondent. At the time of refund it was agreed upon between the parties that defendant-appellant would execute a second agreement of sale in respect of the suit pro......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
....red by law to do. In this connection the respondent Nos. 1-3 are not permitted under the law to transfer or sell out the property of the petitioner which is a debuttar property in favour of the third party namely, the respondent No.4 Bangladesh Mukti Joddha Kallyan Trust and, as such, the transfer m......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
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Category: Property Law | Date: | Hits: 85
.... dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for r......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....ith her brothers Premananda Das, Nitfya Nanda Das and others went there and she ultimately identified the dead body as of her husband Makhon Chandra Das. They also notice some cut injuries on various parts of the body. The informant then understood that some unknown persons might have killed her hus......nown persons might have killed her husband after 11-00 PM on 12-8-1998 while he was guarding his paddy land. 4. On the above FIR, Baralekha PS Case No.7 dated 15-8-1998 was stated and police after investigation submitted charge sheet against the four accused including the appellants under section..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
.... ACC-Opposite Party No.2. Criminal Revision No.1451 of 2009. Judgment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the l......n order to act in their favour. The informant arrested the accused-petitioner and seized the money by preparing seizure list in presence of the witnesses, but co-accused Swapon fled away. 3. After investigation the Anti-Corruption Commission submitted a report against 2 (two) accused persons incl..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....riminal Miscellaneous Case No.2369 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to shy the proceedings in CR Case No.138 of 2007 under section 138 of the N......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... the Barisal Divisional Election Tribunal where it was renumbered as Election Case No.1 of 1997. 5. On the death of the returned candidate, Dr. Ehtesamul Hoq Nasim Biswas, on 12-3-98 a date for ex parte disposal was fixed on 15-4-98 by the tribunal. On that date two other candidates entered appea......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
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