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National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... money on 16-8-1987. On 8-1-1987 defenÂdant prayed for 45 days time to release the garlic and in the meantime he deposited Tk.20,000 to the plainÂtiff Bank but the plaintiff without giving any time published Tender Notice and sold 2296 bags of garÂlic. At that time the value of Garlic per KG was ......in consideration of the materials on record we are of the view that the appeal has no merit. No interferÂence is called for by this Court. 25. In the result, the appeal is dismissed withÂout any order as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send dow...... (HCD) (2012) 229. ......baidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, Advocates - For the Plaintiff-appellant. None appears - For Defendant-respondents. First Appeal No.786 of 1991. Judgment FRM Nazmul A..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......dvocate - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Judgment earlier pronounced in this case on 22-2-2011 has been recalled by order dated 6-3-2011 and a fresh Judgment is delivered as follows: 2. This revisional application......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Haque J Nurul Islam Shaikha and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Resu......64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......75 of 2004 modifying the decretal amount of Tk.2,00,001/- to half of the aforesaid as Dower Money and to pay Tk. 1500/- per month as maintenance should not be set aside and / or such other or further order orders passed as to this court may seem fit and proper. 2. Facts necessary for disposal of ...... Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ted in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......owdhury J.- On an appliÂcation under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the order of conviction and sentence dated 8-2-2011 passed by the Upazilla Nirbahi Officer and Executive......th a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Foyez Ahmed……………………………Petitioner Vs. State……………………………….Opposite-Party Judgment April 18, 201..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... sale, apply to the Certificate-Officer to set aside the sale on the ground that notice was not served under section 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or conÂducting the sale: Provided as follows:- (a) no sale shall be set aside on a...... reversing those of dated 14.09.1995 passed by the learned senior Assistant Judge, Moheshpur Jhenaidah, in Title Suit No.155 of 1985, decreeing he suit, should not be set aside and or pass such other order suit, should not be set aside and or pass such other order or further order or orders as to th......ment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......ppeal No.2224 of 2002 at the instance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Golam Rasul alias Mamun are directed against the Judgment and order of conviction and sentence dated 6.7.2002 passed by the Metropolitan Special Tribunal No.9, Dh...... other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......ave signal to stop the rickshaw, and then a passenger jumped from the rickshaw and ran away. The P.W.2 with the help of other force caught hold of accused Ujjal and Golam Rasul alias Mamun. On search one country-made gun was recovered from the waist of Ujjal and the front site of a gun was recovered..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead body and should find reference in the inquest report in order to lend support to the prosecution case and be indicative of the fact that the prosecution sto......s at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......o Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....ce, 2008 (Ordinance No.XXXII of 2008), hereinafter referred to as the Ordinance, 2008, made under Article 93(1) of the Constitution of the People's Republic of Bangladesh by the Caretaker Government, published in Bangladesh Gazette. Sections 13 and 15 of the said Ordinance, 2008 provide as under:
......
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal may be preferred to the Election Appellate Tribu......tay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......LT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......sequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decr......nlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Md. Joinaul Abedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Responde..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......e dated 26.9.2002 (decree drawn on 2.10.2002) passed by the learned Senior Assistant Judge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issu......d vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......er section 304 part-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. The settled law on circumstantial evidence in order to sustain a conviction on circumstantial evidence alone there must exist an unbroken and well......e respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......ve available to the prosecution to sustain the charge is to depend on circumstantial evidence. The settled law on circumstantial evidence in order to sustain a conviction on circumstantial evidence alone there must exist an unbroken and well knit chain of events which taken together lead to the irre..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......the suit is dismissed.
13. For the reasons stated above and having regard to facts and circumstances the case, we find merit in this appeal.
14. In the result, the appeal is allowed without any order as to cost. Impugned Judgment and decree dated 28.06.89 passed in Money Suit No.06 of 1980 is ......
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......Tariq J.- The defendants as appellants presented the above appeal against the Judgment and decree dated 28.06.1989 passed by the Subordinate Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the de..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......rt should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence of the learned Advo......put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ...... is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......nd circumstances each case, a judge certainly may disbelieve a witness of search and seizure if it appears to him that he is deliberately making obliging statements in favor of the accused falsely in order to save him from legal punishment. In view of the provision of section 134 of the Evidence Act......original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... police force started counter-firing at the gang and thus the gang was compelled to retreat; that while the gang was trying to conceal themselves in the jungle close by the road, the informant nabbed one miscreant named Mohin Uddin with arms and recovered from him one country-made pipe gun and 4 rou..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......€¦..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
Th...... without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
United Mineral Water and PET Industries Ltd…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Res..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
...............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i......e Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......2003) 171.
..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......and Md. Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in ...... Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......sdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J BRAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segun..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......etitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of t......004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......y-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order of conviction and sentence dated 14.11.2000 passed by the learned Additional Sessions Judge, 7......s are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......isdiction) Present: Md. Abdul Wahhab Miah J Md. Abu Tariq J Latif alias Md. Latif Miah and Rabiuzzal Hossain………………Appellants Vs. The State, represented by Deputy Commissioner, Dhaka………………..Respondent Judgment August 1, 2005. Result: The appeal is..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......tion of the rules or procedures, mala fide and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entertain a suit and can well investigate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide......¦â€¦Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into ca......nbsp;
Present:
Salma Masud Chowdhury J
Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners
Vs.
Md. Abdur Rahman and another…………………Opposite parties
Judgment
Apr..
Category: Employment/Service Law | Date: | Hits: 166
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