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Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......aya Rani Saha................Petitioner (In Civil Petition No. 1498-1499 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & ......the cousin Jogesh and Jogesh died leaving behind wife Shovarani, the proforma respondent No.4, and another daughter; while in possession of the suit land, the proforma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the own......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..

Category: Property Law | Date: | Hits: 62

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment Novem......ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before th...... No.3 (Annexure-H) shall not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. “Pending hearing of the Rule, let the order for payment of suspension allowance be give...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved......lications for appointment of the doctor. Ultimately they came back from Natore without consulting the doctor. In mid-Jyoshtha, 1387 B.S the plaintiff asked her brother for partition of their paternal property, when her brother disclosed that she had transferred her entire share to him by a registere......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 54

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......Rin Adalat No.3, Dhaka in Artha Execution Case No. 131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......iminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 199......of the Narcotics Control Directorate at Jessore constable from constable Harun-or-Rashid. In the parcel, 100 ml of liquid was in a glass bottle. He held the chemical examination. The bottle was found properly sealed and signed. He also identified his signature. He found Chlorpheniramine Maleate and ...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...

Category: Criminal Law | Date: | Hits: 90

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....axes) Companies Circle-11, Dhaka East Zone, Dhaka upon serving notice under sections 79 and 83(1) of the Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) the representatives of the petitioner completed assessment of income tax taking the amount of Taka 80,000.00 shown as loan in the return a...... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Nurul Islam J Maliha Banu……………………. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad......ka (East) Zone, Dhaka to examine and consider the loan certificate give by Dr. MM Zaman and do the needful as per law or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that, petitioner as an Income Tax assessee under the Companies Ci......d by Dr. AJM Zaman in support of the loan shown in the income tax return was on the record, acted illegally and without jurisdiction in that state of the matter in not sending back the case for fresh adjudication by the Deputy Commissioner Taxes, Companies Circle-2 upon taking into consideration the..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... profitable if we reproduce Articles 104 and 108 of our Constitution. "104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of secur......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and othersâ€......nt. 6. It appears that the respondent Nos. 4 and 5 ultimately submitted themselves to the mercy of the Court unconditionally though not at their first appearance and it appeared that they were not properly advised by their learned advocates as to the contempt proceeding procedure. The respondent ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ...... are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plai...... allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after consideration of the evidence that would be produced by the re..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1......aid Act, on obtaining sanction for their prosecuting from the appropriate authority. 12. Now, to meet the legal objection raised by the learned Advocate for the appellants that in the absence of a proper sanction for prosecution of the accused from the appropriate authority, the trial of the accu...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......€”the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff......tion No. Mymensingh BA-191 belonging to the same owner and the accused petitioner has been falsely implicated in the case with oblique motives. 7. The learned Magistrate on detailed discussion and proper consideration of the evidence of the 6 witnesses examined by the prosecution found the accuse......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......r the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal App......d cogent evidence the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that having regard to the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction ...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ......grani Bank, Tejgaon Industrial Area Branch, Dhaka and there is no disclosure by the petitioner as to whether they, in fact, made any enquiry with the bank as to whether the goods were really imported properly through a valid LC and the stipulation in the LC that “Bill of Lading date prior to LC op...... by the petitioner company that there was some technical violation of the Import Trade Control (ITC) Regulation and the petitioner company through its agent applied to the respondent No.1 for summary adjudication under the provisions of section 180 of the Customs Act and the respondent No.1 adjudica..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

.... said category. 5. The petitioners alleged that on successful completion of 3 years as required under the Board decision dated 8-5-93 they were not absorbed as permanent employees. Admittedly they completed 5 year-period required under their individual contract to the satisfaction of Biman. It is......ead the Appellate Division Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Rabia Bashri Irene and another……………..Petitioners Vs. Bangladesh Biman Corporation, represented by MD. &...... but obviously they were signed in a compelling circumstances inasmuch as otherwise they would have been thrown out of employment after their putting in five years of satisfactory service. 13. For proper appreciation the salient parts the original offer letter, appointment letter and the ori......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellan...... dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropr......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....lause 8 of the Rule 43 and the petitioners would be automatically exonerated of the charge framed against them and the persons concerned is as well liable to be proceeded against for their failure to complete the enquiry proceeding within the specified period. 3. The respondents contested the Ru...... also Reported in: 52 DLR (HCD) (2000) 299. ...... supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as to this court may seem fit proper stating, inter alia, that the petitioners being employed under respondent No.1 was served wit......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....er for holding local investigation cannot be said to be arbitrary and perverse and the same appears to have been exercised properly and judiciously methodized by analogy and disciplined by system. In complete agreement with the reasons and conclusion reached by the learned Assistant Judge, I am of t...... below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......tant District Judge, Dhaka against the defendant petitioners Lakshmi Bazar Shahi Masjid Committee represented by its Chairman and another for a decree of permanent injunction with respect to the suit property detailed in the schedule to the plaint restraining the defendants from invading plaintiffâ€......nd as claimed by it as because the suit is for permanent injunction. The learned Judge, ultimately, found no valid ground to allow the application and rejected the same. 10. Aggrieved by the above adjudication, the defendant as petitioner approached this Court in an application under section 115 ..

Category: Property Law | Date: | Hits: 68

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

.... of the Chamber of Commerce. 23. Referring to sections 3, 4, 8, 8A, 9.10 and 12 of the Trade Organisations Ordinance Mr. Amin-ul-Islam submits that the Trade Organisations Ordinance has provided a complete framework through which a Trade Organisation is to function, 24. By section 3 of the Ord...... This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538...

Category: Company Law | Date: | Hits: 198

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advoca......the custody of the accused person and the latter failed to explain his conduct on this behalf as to how the deceased met her death and that the confessional statement so recorded by the Magistrate is proper and the same being true and voluntary, the accused appellant has been rightly found guilty fo...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...

Category: Criminal Law | Date: | Hits: 32

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ...... statement for the aforesaid period. Petitioner claimed that he cannot supply the details of payments made by him by bank cheques/pay order nor bank account of the petitioner can be disclosed without proper order from Court or authorised person and the Commission or the Enquiry Committee cannot dire......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196