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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. ......) table 7(b) of the Madak Drabya Niantron Ain, 1990 (hereinafter referred to as the Ain) now pending in the Court of Sessions Judge, Sirajgonj, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the learned Advocates appearin......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. ......ion (Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Md. Fazlur Rahman J Md. Liton Bhuiyan @ Md. Liton Mia……………………………………………Accused-Petitioner Vs. The State………………………………………Opposite Party Judgment A..

Category: Criminal Law | Date: | Hits: 90

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....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 newspaper that her flats are going to be sold in auction. The year of the sui......tioner.  Masud Ahmed Sayed, Advocate - For Respondent No.1.  Writ Petition No.711 of 2004. Judgment Zinat Ara J.- In this Rule 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 Ca......rder of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ...... (HCD) (2008) 78. ..

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. ......he State.  Criminal Revision No.563 of 2008. Judgment Siddiqur Rahman Miah J.- By this application under section 439 of the Criminal Procedure Code the petitioner seeks quashment of the order No.09 dated 02.03.2008 passed in Sessions Case No.1351 of 2007 arising out of CR Case No.716 o......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. ......t High Court Division (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J Haji Mohammad Salim Ullah……………………………………Petitioner Vs. The State and another………………………………………Opposite Parties ..

Category: Criminal Law | Date: | Hits: 107

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....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. ...... under Article 102 of the Constitution and obtained the present Rule. 3. Mr. Md. Sadullah, the learned counsel appearing on behalf of the petitioner after taking us with the petition, the impugned order and other relevant papers annexured thereto mainly submits that the impugned order is ex-facie......ly 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. ......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hague J Hotel Zakaria International (Pvt.) Ltd………………………………………Petitioner Vs. National Board of Revenue (N.B.R) Represented by its Chairman, Segunbagicha, Dhaka a..

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. ......…………..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and t......er Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies aga...... is also Reported in: 30 BLD (HCD) (2010) 486. ..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....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. ......997 reversing those dated 29.05.1997 and 3.06.1997 passed by the learned Senior Assistant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follo......ed in: 30 BLD (HCD) (2010) 444. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 444. ..

Category: Civil Law | Date: | Hits: 103

Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)

....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......s J.- This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine the legality of order dated 1.3.2004 passed by the Additional District Judge, 5th Court, Dhaka in Miscellaneous Fami......ill pending. Ed. This Case is also Reported in: ......Court   High Court Division   (Civil Revisional Jurisdiction)   Present: Md. Ruhul Quddus J Sharmin Akhter…………………….........................Petitioner Vs. Major (Rtd.) Mahbub Akbar Bhuyian…………………....Opposite Party Judgment ..

Category: Family Law | Date: | Hits: 117

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: ......he previous owners Gour Sundar and others, their (plaintiffs’ and pro forma defendants’) predecessors filed a case being No.504 of 1956, which was ultimately allowed on compromise by judgment and order 11.11.1957. Consequently the record was correctly prepared in the names of their predecessors ......  High Court Division   (Civil Revisional Jurisdiction)   Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Res...... Supreme Court   High Court Division   (Civil Revisional Jurisdiction)   Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment Octobe..

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. ......Advocate - For the Petitioners. Asad Hossain Chowdhury, Senior Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Art......n 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. ......HCD) (2008) 283. ..

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. ......he Opposite Parties.  Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tribun......ected 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. ......tition for Leave to Appeal here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Khalilur Rahman (Md.)………………………Petitioner Vs. Md. Alam Bepari & others………………………Opposite Parties Judgment ..

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. ......ernment/Opposite Party.  Civil Revision No.3230 of 2004. Judgment AK Badrul Huq J.- In interest of justice it is felt to record a message that many litigants including the Government in order to steer clear of Order/Judgment/Decree maintained by last ladder of hierarchy take recourse t......nt down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......lso Reported in: 13 BLC (HCD) (2008) 30. ..

Category: Property Law | Date: | Hits: 69

Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)

....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......hul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application ...... 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code o...... Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 105

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....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. ......nt Nos.2 and 4. Appeal from Original Order First Miscellaneous Appeal No.10 of 1998. Judgment Mahmudul Amin Choudhury J.- This first Miscellaneous Appeal is directed against the judgment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.2......tion may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ...... Judgment May 5, 1998. Result: The appeal is allowed. For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of directors. If anyone is left out, if any resolution is taken in that meeting, it will become invalid. A civil Court m..

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. ...... Jamiruddin Sircar - For the State. Md. Nowab Ali - For the State.  Criminal Appeal No.339 of 1982. Judgment Amin-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, Assis­tant Sessions Judge, Kishoreganj convicting t......agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......rmally but ultimately he backed out. The complainant then submitted a written com­plaint to the Sub-Divisional Magistrate, Kishoreganj which was drafted by an Advocate’s Clerk. The accused was summoned and later trial was held by the Assistant Sessions Judge, Kishoreganj upon a charge under secti..

Category: Family Law | Date: | Hits: 108

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....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 Extraordinary dated 14th June, 1976 and (iii) the judgment an......hole of Bangladesh was placed under Martial Law, (ii) the Martial Law Regulation No. XVI of 1976, published in the Bangladesh Gazette Extraordinary dated 14th June, 1976 and (iii) the judgment and order dated 17th July, 1976 passed by the Special Martial Law Tribunal in Special Martial Law Case N......ুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......n: ..

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. ......l Islam J Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ra...... abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......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 of the plaintiff died on 25th March 2004, and purs..

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. ......……Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The po......mmunicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ......sult: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of awarding interest by the Court is a discretionary one and the discretion is to be exercised judiciously and not capriciously........................(1..

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. ......f the Code of Criminal Procedure, 1898, (shortly passed by the learned Senior Special Judge, Rajshahi in Case No.9 of 1998 (Special) has been challenged by the com­plainant petitioner. 2. By that order the learned Senior Special Judge, Rajshahi summarily rejected the complaint and thereby refuse...... 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. ...... 103. ..

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. ......rit Petition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent ......ave 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. ...... ..

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.   ......rif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3rd Court, Dhaka in Civil Revision No.114 of 2983 affirming order No.35 dated 4-9-1982 passed by the learned Munsif, 6th Court, Dhaka allowing Miscellaneous Cas......icate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ......4 DLR (HCD) (2012) 347.   ..

Category: Civil Law | Date: | Hits: 94