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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... by a statute wherein the Adalat, on the prayer of the decree holder- bank, authorises to sell so much of the judgment debtor's non-exempt property as is necessary to satisfy the decree and render it complete with the consequence that nothing remains to be done to make it a complete and effective de......59 DLR (2007) 615.......omplying with the terms of the said compromise decree the decree-holder Bank initiated Decree Execution Case No. 19 of 1998 on 23-3-98 for realisation of the decretal amount upon selling the mortgage property mentioned in the schedule of the decree. During continuation of the execution case, at one ......d under the Ain, 2003 the learned Advocate for the respondent Bank submits that the general meaning of the word "বিচারাধীন মামলা" though may be taken as "suits pending for adjudication" but it may also be meant as "pending under judicial consideration". In this regard, he..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... Mr. Hakim further submits that the petitioner admitted in his statements that he worked in collaboration with his controlling officers in collecting spot quotations and issuing work orders which was completely beyond their power and the petitioner being an employee of a local authority cannot act i......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ...... petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. Bangladesh Water Development Board (Employees) Service Rules, 1982Rule 138(c)(d) & 14...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......eported in: 59 DLR (2007) 601. ......les 8(2) and 20 of the Constitution of the People's Republic of Bangladesh shall also not be declared void and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Subsequently, in the said writ petition an additional Rule Nisi has been obtained ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ...... that the said note is a counterfeit one. Accordingly, he submitted a report, which he proved it as Exhibit 2 and the counterfeit note as Material Exhibit 1. In cross-examination he stated that after proper examination of the note he submitted a report. 14. PW 3 Sub-Inspector Md. Abul Hossa...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......Reported in: 59 DLR (2007) 579. ......led a petition for granting Letter of Administration before the District Delegate, Khulna in Miscellaneous Case No. 1 of 1966. Surendra Nath Biswas obtained Letter of Administration and possessed the property, mutated his name in the record of right and subsequently he died. The property was enlis......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......cial Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sylhet Gas Fields Ltd………………….Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgment March 25, 2007. Lawyers involved: ...... within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The writ petitioner Sylhet Gas Fields Limited is a registered company under Petrob......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......ertificate. It may be noted that any person may apply for the certificate but it is always expected that an heir of the deceased should make the application. A succession certificate is not the final adjudication of the question as to who is the next heir and, as such, entitled to the estate of the ..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ......ll be made nugatory, Accordingly, since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order which on the face of it is illegal, it will not be proper to say that High Court has no jurisdiction to set aside the same on the ground that no revisi......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... purpose running through the acts to support a joinder of charge in respect thereof when the accusation against the accused is that they carried out a single scheme by successive acts and there was a complete unity of project and the whole series of acts were so linked together by one motive and des......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ogramme respondent No.5 should not be declared to have been made without 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. 2. In both the Writ petitions the petitioners have impugned the inclusion of their names ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ain J
SK Sinha J
Begum Khaleda Zia……………………….. Petitioner
Vs.
The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents
Lawyers Involved:
T. H. Khan, Senior Advocate, Rafique......e said very leave petition, if the leave petition is placed first, we would be able to appreciate the entire facts. Moreso, the leave petition having been fixed earlier for hearing today, it would be proper for taking up the leave petition first.
9. We assured him that all three matters will be t......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. Lawyers Involved: SB Bhandary, ......2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Bankruptcy Cases against the petitioner and others praying for declaring them Bankrupt, to appoint receiver to take possession of the mortgaged properties and other properties of the petitioner and other defendants and other reliefs on presenta......or can satisfy the Court that— i) he is able to pay his debts:— ii) he is not a willful defaulter, or c) the Court is satisfied that for any other cause, it is expedient that no order of adjudication should be made. Explanation.— In this sub-section ‘wilful defaulter’ means a d..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Re......urul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondent submitted that the prayer for declaring the decree dated 19.08.1990 passed in Other Class Suit No.81 of 1982 in respect of property is void, illegal, collusive and not binding upon the plaintiffs and such prayer comes und......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se......absence of any resistance from the lady. The learned Assistant Attorney-General also could not assail the judgment that the conviction and sentence was rightly and legally being passed. 7. For proper appreciation of the submission of the learned Counsels and the evidence on record, it appears......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......urisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J HP Cold Rolling Mills Ltd……………………………………….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Za......"surcharge" is defined as noun as (i) An additional tax, charge, or cost, usually one that is excessive. (ii) An additional load or burden. (iii) A second or further mortgage. (iv) The omission of a proper credit on an account, (v) The amount that a Court may charge a fiduciary that has breached it......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Superintendent Engineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11,...... plaintiff, Md. Mohiuddin, applied to the defendant No. 1, Superintendent Engineer, for leasing out the suit land in his favour for the purpose of making brick works who decided to lease out the suit property for a period of three years on payment of Taka 56,025 as salami in favour of the plaintiff;......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
.......
......lso allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit propertie...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......also Reported in: 59 DLR (2007) 468. ......jatan Daman Case and prayed for inclusion of the accused petitioners with Abdul Jabbar as accuseds to the said case. Learned Magistrate by order dated 20-2-2002 passed an order for filing the case in proper forum. Against which Criminal Revision No. 62 of 2002 was taken before the learned Sessions J......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... with the return, he shall serve a notice under sub-section (1), requiring the assessee to appear either in person or through a representative or produce the evidence that the return is correct and complete. After hearing the person or his representative and/or considering the evidence produced pu......espondent. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the asses...... figure of profits shown by the accounts; Cf CIT vs Sarangpur Cotton Mfg Go: 1938 ITR 36 (PC). It is the duty of the Deputy Commissioner of Taxes to consider whether the income, profits and gains can properly be deduced from the method of accounting though regularly employed. 12. First, it m......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......nt: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: ...... import permit to the petitioner as required under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh and carrying on business as importer and......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
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