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....harged.
6. The National Bank Limited respondent No. 3 filed Affidavit-in-Opposition denying the material statements made in the writ petition stating, inter alia, that the writ petition is bad for defect of parties as the National Bank Limited, Head Office was not impleaded as the respondent but ......learned Advocate for the respondent No. 3, raised preliminary objection regarding defect of parties as the National Bank Limited having registered office at 18 Dilkusha C/A, Dhaka has not been made a party in the writ petition rather, one of the branches of the bank namely, Agrabad Area, Chittagong ..
Category: Business or Commercial Law | Date: | Hits: 251
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. ......s to be followed in proceeding with the case under this Ordinance except the special powers for Magistrates as stated in section 54 of the Ordinance. In the instant case, owner of the vessel is not a party to the proceeding. From our careful scrutiny of the provisions of this Ordinance, we find that..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....r. In the present case the total amount defalcated i.e. Taka 92,85,000 on different dates starting from 25-3-85 to 23-7-86 is found to have clearly exceeded one year, as such, the charge is totally a defective one which is clearly made in violation of proviso to section 222(2) of the Code of Crimina......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
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. ......ting up of the new industrial undertaking, then the assessee may not be entitled to claim the benefit of tax exemption. Accordingly, it is to be seen whether the lease of the machineries from a third party was in the course of the formation of the new industrial undertaking and whether the lease of ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... 12. On the party pleadings following issues were settled: (a) Whether the suit as framed was maintainable? (b) Whether the suit was barred by limitation? (c) Whether the suit was bad for defect of parties? (d) Whether the suit was hit by the proviso to section 42 of the Specific Reli......jpur in Title Appeal No. 8 of 1989 affirming those dated 31-12-1988 passed by Assistant Judge at Sadar in Pirojpur in Title Suit No. 50 of 1988, which decreed the suit in its entirety. 2. Opposite party Nos. 1 to 10 as plaintiffs on or about 12-3-1988 instituted the suit against the petitioner an..Category: Property Law | Date: | Hits: 79
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
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.......or the Petitioners. Majumder Saiful Islam, Advocate—For the Opposite Party. Civil Rule No. 577(con) of 2004. Judgment Siddiqur Rahman J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not ..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. ......tioner's hands were tied with a rope and pressed him to inform his relatives for bringing Taka 10(ten) lac. Then the informant asked his friend Rafiqul Islam @ Robu to bring the money and the accused party snatched away Taka 16,000 and his mobile phone from him. Accused Jamal brought a Litace car in..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....... this connection reference may be made to the case of Profulla Kumer Sarker and others Vs. Emperor reported in AIR 1931 Cal 401 FB. It was held in that case that when a witness is cross examined by a party calling him, his evidence is not to be rejected either in whole or in part but the whole of ev..Category: Criminal Law | Date: | Hits: 55
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.......ssed from the donee to the donor. In this regard, it is stated that the Lower Appellate Court failed to evaluate the evidence on record properly and justifiably. The Learned Advocate for the opposite party No. 1 submits in response that this Court sitting in revisional jurisdiction in seeking to det..Category: Property Law | Date: | Hits: 82
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
...., the confession could not be termed as true and voluntary. (4) The appellant was in custody for many days before he made the confessional statement to the Magistrate. (5) The charge was highly defective and on that charge no conviction could be given under sections 302/34 of the Penal Code. ......miscreants and that students of BUET disclosed their names. The students also told him the names of Mokammel Hyeath Khan alias Moky and his brother Kamal Hyeath Khan Tuhin as the group leaders of one party and Mushfiq Uddin Togar and Nurul Islam Sagor alias Tapa Nurul Islam as the leaders of the oth..Category: Criminal Law | Date: | Hits: 236
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. ...... and Nurul Islam by a registered mortgaged deed dated 7-5-1962, who were friends of him but possession was not delivered to them; that during old age of Golam Nabi Sowdagar his son defendant-opposite party No.1 Abu Taher Masud was entrusted for management of the property who without redeeming 1.60 a..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.......use where he is dealing grocery business in the name and style as "Ekata Trading". The opposite-parties have no right, title, interest and possession over the land and structure therein. The opposite-party intended to take rent of the said shop but having failed; he is trying to dispossess the petit..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e. Criminal Revision No. 757 of 2001. Judgment Md. Imman Ali J. - This Rule was issued upon an application filed under section 439 of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned judgment and order dated 28-8-2000 passed by the learned ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......hani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur Cadet College branch, Rangpur by instituting Artha Rin Cas..Category: Criminal Law | Date: | Hits: 46
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....e marked Exhibit-Ka to Ta. 12. The learned Joint District Judge, First Court, Moulvi Bazar, framed following issues: 1. Is the suit maintainable in its present form? 2. Is the suit bad for defect of parties? 3. Is all the land brought under hotchpotch? 4. Is the plaintiff entitled t......ces of the case and evidence on record decreed the suit by his judgment and decree dated 30-1-2003. 14. Being aggrieved by the aforesaid judgment and decree dated 30-1-2003, the defendant-opposite party No.1 preferred appeal before the learned District Judge, Moulvi Bazar and on 15-7-2004 he allo..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......ocate. However, in due course, when the matter was taken up for hearing, no one appeared on behalf of the petitioner. 5. Mr. Md. Taherul Islam, learned Advocate appearing on behalf of the opposite party No. 1, submitted that the prosecution was able to prove to the entire satisfaction of the Cour..Category: Criminal Law | Date: | Hits: 97
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......tion complained of before the High Court Division is found to be coram non judice, without jurisdiction and mala fide."
15. The principles laid down in all the above decisions is that an aggrieved party instead of availing the statutory forum for remedy, may invoke the extraordinary writ jurisdic..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......udgment Md. Anwarul Haque J. - On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Kishoreganj as well as the opposite party No. 2 to show cause as to why the impugned judgment of enhancing the sentence of the petitione..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) 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) 306....... the same to Janata Bank, defendant No.4, as monthly tenant and it was also alleged that all the title papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite party Nos. 1 and 2 filed written statement alleging that they acquired the property by taking loan f..Category: Property Law | Date: | Hits: 131
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