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Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......s interested in one party or biased against the other (iv) Where common questions of fact and law arise between the parties in two suits (v) on the ground of balance of convenience e.g. where the property is situated or parties reside; or the account books are kept, etc. (vi) Where two perso..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....that the daughter will get maintenance till her marriage, rather their Lordships held therein that the female child will get maintenance up to the age of 21 years which has no footing. Because in the personal law of the Mohammedan, there is no such provision. There is no denying of the fact that a M......t take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for maintenance of Taka 2000 per month, the defendant has..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......e Code of Criminal Procedure during trial are that they are innocent and they have been implicated in this case falsely. Their further defence is that PW 2 Latifur Rahman wanted to make a will of his property in favour of his youngest daughter deceased Shajneen depriving her elder sisters Mrs. Simee..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......e Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated i..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....th lot after 11 days. 27. DW 2 Mahmudul Islam brought the record of delivery of the registered letters. Unregistered letter, Exhibit C was delivered to the recipient on 3-7‑1993. He had no personal knowledge of the statement. 28. DW 3 Md. Rokanuddin, Superintendent, Investigation, ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......he is a defaulter on the basis of disclosure made in the Parliament by the Hon'ble Minister, the denial of the assertion gives rise to a disputed question of fact relating to money due i.e. regarding property. Where such dispute is raised this Court acting under Article 102 does not invoke its power..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....itled to the exemption on account of house rent allowance. The Taxes Appellate Tribunal with regard to the additional ground on family expenses observed that the said ground of the family expenses or personal expenses were not taken in the first appeal and, as such, it was turned down by the Appella...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......on, the Court may order the release of any fishing vessel, fishing gear or fishing appliances seized under section 33 on receipt of a satisfactory bond or other security from any person claiming such property. 15. Section 49 of the Ordinance enjoins that where any person is convicted of an offenc..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....t it is well established that the State is not entitled to cause detriment to the livelihood of a person by arbitrary or unreasonable law or action. The word "liberty" in Article 31 is not limited to personal locomotion, rather it includes the right of a person to be free in the enjoyment of all his......des that these Rules shall apply to the district of Sylhet in respect of all timbers or other forest produces from— (i) reserved forests; (ii) unclassed state forest, i.e. the lands being the property of Government which have not been notified as reserved forests; and (iii) Private lands,..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......as held to be different from the expression 'transfer' used in the Transfer of Property Act, while the expression 'transfer' under the Transfer of Property Act includes even mortgage of the immovable property, the same connotation cannot be extended to the expression 'Transfer' in the Income Tax Law..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......ource of consideration and custody of document, motive for the transaction, position and relationship between the real owner and ostensible owner i.e. the 'Benamdar', and the conduct dealing with the property are dominant circumstances for the Court to be guided in deciding the question of 'Benami'...Category: Property Law | Date: | Hits: 79
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......h day. Section 88 runs as follows: "Section 88. Attachment of properly of person absconding.- (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immovable or both, belonging to the proclaimed person. (2) Such order shal..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410....... officer that PW 2 told that accused gave something for miscarriage or he wanted to take deceased for treatment but she refused. He denied the suggestion that for the cause of misappropriation of the property of accused he was falsely implicated in this case and deposing falsely. 15. PW 4 Abdul A..Category: Criminal Law | Date: | Hits: 55
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......missions of the learned Advocate for the respondents to the effect that the respondents are empowered to place the pole under section 19 of the Ordinance without making any payment for Damages to the property. We are also of the view that the PBS Policy Instruction No. 3004 is not applicable in the ..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... at all been executed by Anfar Uddin in favour of the defendant appellant Opposite Party No. 1 or that there was any bona fide intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee, or that any consideration actually passed from the donee t..Category: Property Law | Date: | Hits: 82
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......laintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, the suit was transferred in the Second Cour..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......f the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for com..Category: Criminal Law | Date: | Hits: 55
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....itioner, thereafter, dismissed him on 21-7-1996 on the basis of the inquiry report. The respondent No. 2 sent a grievance petition to the petitioner as per rule. He appeared before the petitioner for personal hearing but to no effect and the petitioner kept his earlier decision unchanged. The dismis......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352...Category: Employment/Service Law | Date: | Hits: 67
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... in respect of the homestead after relinquishing the share of his wife which she inherited from her father in favour of Nemai and subsequently the plaintiff became the owner of the 2/3rd share of the property and he has been possessing the same by way of cultivation and by way of using water from th..Category: Property Law | Date: | Hits: 75
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