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Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......arty Nos.1 and 2 to show cause as to why the impugned order dated 24-11 -2010 passed in Miscellaneous Case No. 129 of 2008 (pre-emption) by the Joint District Judge, Court No.1, Rajshahi allowing the application filed by the opposite party Nos.1 and 2 under Order VII, rule 11 of the Code of Civil Pr..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....operty this court should not dispose of the rule on merit. But since the petitioner already filed application being No.223 of 2012 before the tribunal, thus the Tribunal should dispose of the matter afresh. 15. Considering the facts and circumstances of the case and the discussions above the Ru......tafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Advocate— For the Opposite-Parties Civil Revision No. 2259 of 1997. Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, t..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....close all material facts necessary for the assessment for such year, within [five years] from the end of the assessment year for which the assessment is to be made: Provided that in a case where a fresh assessment is made for any assessment year in pursuance of an order [section 120, 121A, 156 or......s department can always prefer an appeal before the appellate authority under the provision of section 156 of the Income Tax Ordinance 1984 and may travel up to the High Court Division in a reference application for obtaining appropriate redress, over and above its power available under section 93 a..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ving a notice in writing and in the petition of complaint, the complainant stated that the notice was received by the family member of the accused. Mr. MA Samad also strenuously submitted that in the application before the High Court Division under section 561A of the Code of Criminal Procedure the ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......the accused in his absence on 9-8-2009 under section 138 of the Act, 1881. However, the accused was enlarged on bail by the learned Metropolitan Sessions Judge on 9-9-2009. Then he filed an application before the High Court Division under section 561A of the Code for quashing the..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......Assessee-applicant Mr. Mahbubur Rahman (ITP). But the Assessee-applicant did not receive any order till the Assessee-applicant was aware at a later stage of such revised assessment order and filed an application on 17.9.2003 to get the certified copy which it obtained on 01.01.2003. Thereafter, the ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......1-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application before the Adalat under section 34(1) read with section 57 of the Ar..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......his submission has relied on the decisions reported in 37 DLR (AD) 205, 45DLR 279 and 19 DLR 188. 11. I have heard the learned Advocates of both the sides at length and perused the Revision application, judgments of two Court s below, deposition of witnesses, exhibits and other materi..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....ndant-petitioners finds that the defendants were inducted into the possession into the suit land on the basis of kabala dated 13-11-1936. So, I find that if the suit is sent back on remand for trial afresh giving a chance to the plaintiffs and the defendants to amend their pleadings and to adduce fu......ioners. Mansur Habib with Khairul Alam with Rumana Alam, Advocate—For the Opposite Parties. Civil Revision No.688 of 2004 Judgment ANM Bashir Ullah J.- This Rule on an application under Section 115(1) of the Code of Civil Procedure (in short, the CPC) filed by the def..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......er dated 16-5-2001 for extension of time up to 31-8-2011 on the basis of the recommendation of the Executive Engineer and Assistant Engineer. However, without considering the said recommendations and application of the petitioner, respondent No. 2 cancelled the work order of the petitioner by his Me..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....or ex-parte hearing. 8. On 6-6-2011 the petitioner filed an application under Order VII, rule 11 of the Code of Civil Procedure read with section 57 of the Artha Rin Adalat Ain, 2003 with a fresh vokalatnama and filed another application praying for withdrawal of the suit from ex-part......, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions conta..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....ase cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plaintiff
from the date of dismissal.............................(13)
......rred by limitation and that the plaintiff petitioner has no cause of
action in the plaint and therefore, the plaint is liable to be rejected.
4. The defendant No.1, present petitioner filed
an application under Order VII, rule 11 of the Code of Civil Procedure on
17-10-2005 for rejection o..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......LR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers Involved: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal,..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
...., modifying or annulling the decision or order or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if n......or default vide order dated 23-1-2007 as no body was found present on behalf of the appellant when the said Appeal was taken up, or called up, by the Tribunal for hearing. The appellant then filed an application for restoration (though the Tribunal termed it as 'review application') of the s..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......t should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium period for one year from the date of Gas con..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... without jurisdiction and, as such, the same are nullity in the eye of law. However, we are of the view that the respondent No.2, the Bangladesh House Building Finance Corporation, can still proceed afresh for realization of its loan before the proper forum in accordance with law. 5. In t......sh;For the Petitioner. Writ Petition No. 4303 of 2009. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the registration of the application under Article 27 of the President's Order No.7 of 1973 as Miscellaneous Case No.148 ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......District Judge, 2nd Court, Sylhet for realization of fine and in the said Execution Case the said property was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......nd the affidavit in reply and then submits that Maowa Ferry Ghat has been declared as Moawa Riverport by Gazette notification date 5-5-2004 under Port Acts 1908, therefore, Ferry Acts 1985 has got no application in respect of the said Riverport and upon declaration of Maowa Ferry Ghat as Maowa ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
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