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Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....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. ......Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of BanglaÂdesh Biman, Res......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. ......hury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @ Abdul Gaffer, 55 DLR (AD) 79; Abdul Motalib Vs. Shahed Ali, 47 DLR (AD) 9; Mollah Shahidul Islam Vs. Md. Monsur Rahman, 2005 BLD 171 = 57 DLR 164. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Nur, Advocates - For the Petitioner. ..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. ......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ......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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment January 27, 2009. Result: The rule is discharged. Case Referred to- Nur Hossain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Petitioner. Abdul Basel Majumder - For the Oppos..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.
......cause notice upon the petitioner (Annexure-B) and in Paragraph No.2 of the said notice it is alleged that though wine in served in the hotel, but no supplementary duty is being paid by the petitioner for which the VAT officers seized all CPU and documents of the hotel and subsequently filed a case a......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.
......dent
Judgment
February 24, 2010.
Result:
The Rule is made absolute in part.
Case Referred to-
Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192.
Lawyers Involved:
Md. Sadullah, Advocate - For the petitioner.
S.M. Moniruzzaman, Assistant At..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....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. ......ioner, as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully desc......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. ......hbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Bangladesh Vs. Md. Shafiuddin son of late Md. Asuruddin, 10 BLT (AD) 50. Lawyers Involved: A.B.M. Matiur Rahman with Md. Monzur Alam Khan - For the petitioner. No one ..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted 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) 444.
...... proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petit......ined.
The order of stay granted 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) 444.
......
Vs.
Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others…………………..Opposite Parties
Judgment
February 15, 2010.
Result:
The rule is made absolute.
Lawyers Involved:
Md. Mustafizur Rahman - For the Petitioners.
Md. Haroon-Ar-Rashid with..
Category: Civil Law | Date: | Hits: 103
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: ......004 passed by the Senior Assistant Judge, Kathalia, Jhalakathi in Title Suit No.134 of 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaini......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: ......alder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Result: The Rule is made absolute. Lawyers Involved: Bhabesh Chandra Ghosh with Md. Mubarak Hossain, Advocates-For the petitioner. ..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Art...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......M. A. Jaher and others…………………..Petitioners Vs. Sonali Bank and others…………………..Respondents Judgment September 11, 2007. Result: The rule is discharged. Lawyers Involved: Debdas Sammader, Advocate - For the Petitioners. Asad Hossain Chowdhury, Sen..Category: Civil Law | Date: | Hits: 69
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. ......py 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. ......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. ......an (Md.)………………………Petitioner Vs. Md. Alam Bepari & others………………………Opposite Parties Judgment July 26, 2007. Result: The Rule is discharged. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. No one appears - For..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......very well rejected in exercise of inherent power under section 151 of The Code…………………(11) Cases Referred to- Carl-Zeiss Stiftung Vs. Rayner and Keeler Ltd. and others, (1967) The Law Reports: Appeal Cases 853 = (2966) 2 All ER; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Un..Category: Property Law | Date: | Hits: 69
....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.
......ment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1997. The learned Subordinate Judge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure.
2. The short fact lea......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.
......Parshad Jaiswal and another, AIR 1958, (Punjab) 190; Karrnal Distillery Company Ltd. Vs. LP Jaiswal, PLD 1956 (Lahore) 731; H M Ebrahim Sait Vs. South India Industries Ltd., AIR 1938 (Madras) 962.
Lawyers Involved:
Akhtar Imam with Sk Habibul Alam, Advocates ‑ For the Appellants.
Moudud A..
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. ......order dated 30-11-82 passed by Mr. Golam Rasul, AssisÂtant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the apÂpellant Md. Jalaluddin alias Badsha was th...... 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. ......aluddin @ Badsha………………………………Appellant Vs. The State………………………………Respondent Judgment March 9, 1986. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar - For the State. Md. Nowab Ali - For the State. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....Choudhury J.- As many as four Writ Petitions, registered as Writ Petitions no. 7236 of 2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, (ii) the Martial Law Regulation No. XVI of 1976, published in the Bangladesh Gazette Ex......ssue) BLT (HCD) at page 67; Oacker Vs. Packer (1953) 2 All ER 127 at page-129 H; State Vs. Dosso (1959 11 DLR SC 1; Siddique Ahmed Vs. Bangladesh; Liquat Hossain Vs. Pakistan PLD 1999 SC 504, 652. Lawyers Involved: Rokanuddin Mahmud-For the petitioners (In Writ Petition 826 of 2011) Dr. Sha..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... 653; Raghbir Lala Vs. Md. Said, AIR 1943 PC 7; Sitabai Ramchandra Jaltare Vs. Masjid Nurun Mohalla Jingerwadi, AIR 1979 Bom 109; Rikhu Dev, Chela Bawa Haarjug Dass Vs. Som Dass, AIR 1975 SC 2159. Lawyers Involved: Saifur Reza, Advocate — For the Appellant. Appeal from Original Order No. ..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. ......rding interest pendents lite as well as interest accumulated till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the pro......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. ......sed judiciously and not capriciously........................(12) Case Referred to- Chalna Marine Products Ltd Vs. Reliance Insurance, 50 DLR (AD) 100; Thakur Vs. Amolok, AIR 1963 (Raj) 1993. Lawyers Involved: SA Rahim with Syed Abdus Salam, Advocates — For the Appellant. None Appear..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. ......jected the complaint and thereby refused to take cognizance of the alleged offences under sections 161 and 467 of the Penal Code. 3. Earlier a Rule was issued on the matter. 4. But none appears for the complainant petiÂtioner when the matter is taken up today for hearing although the matter h......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. ......l Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: The Rule is discharged. Lawyers Involved: No one - For the Petitioner. No one - For the Opposite-Party No.2.&nbs..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. ...... under the said Act. The interpretation of the VAT Act shall have to be on a different footing and cannot be equated in a generalized manner. The VAT authority by any stretch of imagination cannot go for an action under section 37 of the VAT Act, which is a penal provision and which can be exercised......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. ......ater and PET Industries Ltd. Vs. Commissioner, Customs Excise, and VAT, 61 DLR 734; Iqbal Hasan Mahmud Tuku, 60 DLR (AD) 147; Hotel Zakaria International Vs. National Board of Revenue, 30 BLD 388. Lawyers Involved: MG Mahmud (Shaheen), Advocate - For Petitioners. SM Moniruzzaman, Depu..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......esult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under secÂtion 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction o......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ...........(6) Cases Referred to- Abdul Khaleque Vs. Abdul Barek Howlader, 2 BLC 276; A,bdul Khaleque Vs. Abdul Barek Howlader, 3 BLC (AD) 174; Muhammad Ishaque Vs. Abdul Haque, PLD (Karachi) 899. Lawyers Involved: Fida M Kamal, Advocate - For Petitioners. No one appears - For Opposite Par..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......Judgment divorced from the context of the question under consideration and to treat it to be complete law declared by Court……………………………………(18) Administration of Criminal Law and Justice Delivery System Fundamental and basic principles in the Administration of Crimina..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......an No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defe......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involved: Mohammed Mozammel Haque Bhuiyan, Advocate - For the petitioners. Kamruzzaman..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purÂchased the same. While in possession, sh...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... Sujanpur Vs. Surinder Kumar, (2006) 5 SCC 173; SN Chandrashekar Vs. State of Karnataka, (2006) 3 SCC 208; Bombay Dyeing and Mfg. Co. Ltd., Vs. Bombay Environmental Action Group, (2006) 3 SCC 434. Lawyers Involved: Anwarul Azim Khair, Advocate - For Petitioners. Rafiqul Islam, Senior Advoca..Category: Property Law | Date: | Hits: 115
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