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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. ......K as proforma defendant thereof is a nullity. 2. As per section 44 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, any suit challenging the acquisition of lands barred by law and since the suit land was acquired on 16-6-1988 the suit stood barred by law at least from 16-..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......osite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to se..Category: Criminal Law | Date: | Hits: 90
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. ......sed by the petitioner and not by Judgment-debtor No.2 Mahbub Hossain Khan, husband of the petitioner. So, inclusion of the flats of the petitioner who is not a Judgment-debtor or guarantor is without lawful authority. The petitioner came to know from the auction sale notice published in the daily ne..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. ......ly. Thereafter opposite party No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did..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.
......er (Respondent No.2) to show cause under section 55(1) of the VAT Act as to why the punitive measures shall not be taken under section 37(2) of the Act should not be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is ..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....itle Suit No.25 of 1998 under section 9 of the Specific Relief Act, the subsequent filing of appeal by the defendant opposite party, the remand order passed in the said appeal including the order for amending the plaint, subsequent judgment and decree passed in the said suit and subsequent appeal No......r filing an appeal against the judgment and decree passed in Title Suit No.25 of 1998 and as such the filing of Title Appeal No.244 of 1999 by the defendant opposite party was a nullity in the eye of law and therefore the order of remand dated 08.08.2001 passed by the learned appellate Court was als..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.
......ction in as much as according to the appellate Court he will rise and fall with the result of the suit.
18. It appears, the learned appellate Court totally failed to apply the correct provision of law as has been provided under Section 27 of the Specific Relief Act wherein, it has been provided t..
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: ......have agreed that the Courts below ought to have framed an issue to that effect and decided the same. 12. Under the facts and circumstances I am of the view that the Courts below committed error of law in deciding the suit and appeal without framing issues on title of the plaintiffs, and on validi..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. ...... necessity of compliance of sub- section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone throu..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. ......Khurshid Alam Khan, the learned Advocate appearing for the present petitioner, has taken me through the Judgments of both the Courts below and submits that the Courts below committed serious error of law in allowing the prayer for recounting of ballot papers upon misconception of law and facts overl..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. ......aint, contemplates that still-born suit should be nipped in the bud at its inception so that no further time is consumed on a fruitless litigation. A suit which on the face of it is incompetent under law should not be allowed to further encumber legal proceedings. If the suit is barred by law it is ..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.
......m and Articles of Association of the company and when that is against the provisions of the Memorandum and Articles of Association this resolution prima facie is illegal. He further contends that the law enjoins that all Board meetings whether of public or private companies should be held with due n..
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. ......d that there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage so as to give a belief to the complainant about being the lawfully married wife of the accused and also that there was no evidence to show that the accused in..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......lectual pursuit but also because of his active participation in our Glorious War of Liberation, filed the first cited petition before us along with two other Petitioners, one of whom is his sister in law, invoking Article 102 of the Constitution. 4. Salient parts of the averments that emerge from..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. ......e deceased. The learned Joint District Judge rejected the application and maintained the order of abatement of the suit. 3. It is contended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami Ghosh without looking..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. ......ehalf 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 without awarding any interest pendente lite in his decree as well as inter..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. ......r. The expression "after considering the statement on oath (if any)" clearly indicates, that examination of the complaint is not mandatory. 19. It appears that the learned Senior Special judge lawfully exercised his authority under clause (a) of the proviso to sub-section 200(1) read with sec..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. ......1. Result: The Rule is made absolute. The Value Added Tax Act, 1991 (Act No. XXII of 1991); sections 37, 55 The Value Added Tax Act, 1991 is absolutely a comprehensive and exhaustive law touching upon every discipline categorized under the said Act. The interpretation of the VAT Act..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. ......if the tenant thrown out of possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the..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. ...... follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by particular facts of the case in which such expr..Category: Criminal Law | Date: | Hits: 83
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