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Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......action of such mutawalli beyond the authority as given in the waqf-deed or which are intended to result in the waste or loss of the waqf property will be valid or bind the waqf. These are the general principles regarding the administration and management of the waqf under the Muslim Personal Law. ......ty would fall upon him to see how much of the land should be sold and at what price, and to ensure the sale proceeds would be spent for the mosque only. He did neither. Even, he failed to recover any amount of the sale proceeds. The plaintiff alleged that the rate of price as approved by him was far..

Category: Trust/Waqf Law | Date: | Hits: 228

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.......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.......therwise they would not accept the marriage but she could not show the same. She also has submitted four letters that has been written by the appellant but in her deposition she denied about the said amount of money. She said about her unwillingness of any intercourse. Witnesses have never said that..

Category: Criminal Law | Date: | Hits: 44

Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)

....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantee. When the custom authority further demanded advance VAT at the rate of 1.5% the petitioner obtained the present Rule and ultimately got release of the goods by furnishing bank guarantee for an amount of Taka 18,83,376 for advance VAT. 9. Affidavit of facts in all the writ petitions wer..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......rther appears from the medical report of accused Saltu that he was minor at the time of framing charge against him, though the age of other accused Rahamatullah was shown major. It is the established principle of law that there is no chance of joint trial of youthful offender and an adult. No matter......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505........ In case of failure to pay the fine, the District Collector (Deputy Commissioner) was, directed to realise the fine in accordance with section 15 of the Ain and to expedi­tiously hand over the fine amount to the victim's father. The accused were also found guilty under section 7 of the Ain, but no..

Category: Criminal Law | Date: | Hits: 35

Taju and others Vs. State, 2007, 36 CLC (HCD)

.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......d a person guilty simply because he absconded right after the occurrence. In the decision of State vs. Lalu Mia and another 1987 BLD (AD) 212 = 39 DLR (AD) 117 Justice Shahabuddin Ahmed observed this principle in the following manner: "Absconsion by itself is not an incrimi­nating matter, fo...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..

Category: Criminal Law | Date: | Hits: 42

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......e emphatically sub­mits that the position of law laid down by their Lord­ships by judgment and order dated 7-2-2005 in the aforesaid jail appeal is not only contrary to law but also the established principle laid down in the case of Gahena vs State reported in 20 DLR (WP) 271 and Kamruzzaman vs St......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..

Category: Criminal Law | Date: | Hits: 43

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....... excluded. 20. The submissions of the learned Advocates was mainly focused upon the clause, "অন্যান্য সকল প্রকার শুল্ক বা কর" In view of the principles of statu­tory interpretation, all other duty or tax as mentioned in the clause shall inc......eceived export proceeds. In the usual course, and upon the prayer of the petitioner for adjustment of Customs duty, VAT and IDSC, the customs duty and VAT were adjusted in the current account but the amount of IDSC was not adjusted. Then, on 5-9-06 the petitioner applied under section 13(2) of the V..

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. ......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. ......plaintiff and the defendant and the same was registered thereafter on 28-8-1986; that the defendant No. 5 handed over the possession of the suit land to the plaintiff; that the plaintiff spent a huge amount of money for filling up the low land of the suit land and made it fit for brick field and he ..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......d transferred upon deposit of the consideration money of the value of the transferred land as stated in the notice under section 89 or in the deed of transfer together with compensation @ 10% of such amount. But this right has been made excepted in sub‑section (10) of section 96 to the five classe..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......of payment of money to the petitioners. That the earlier suit and case between the same set of parties over the same subject matter should be disposed of first than the later suit as per well settled principles of law, but the learned court below by not doing so caused miscarriage of justice resulti......te Division of the Supreme Court without entering into the merit of the case passed judgment and order in CPLA No.6 of 1996 with the observation that the defendant-petitioner is willing to return the amount of salami received by her and also agreeable to decide the question of further claims of the ..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 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. ...... 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. ......for sale with the plaintiff-petitioner No. 1 Hamida Real Estate Construction Ltd. on 27-­12-1994 to sell the properties described in the plaint at a consideration of Taka 1,35,94,800 and received an amount of Taka 5,00,000 as earnest money; that the defendant-opposite party No. 1, Malika Hasina Jah..

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. ......r the Sessions Case 248/2002 as the case under Nari-o-Shishu Nirjajtan Daman Ain, 2000 and issue warrant against the rest accuseds. The revision case is accordingly, disposed of." 6. It is settled principle of law that naraji is a fresh complaint. The order passed by the learned Sessions Judge ta......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)

....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.......r part of said expenses for want of evidence excepting the expenses under four heads. The Commissioner of Taxes (Appeals) found the disallowance made by the Deputy Commissioner of Taxes reasonable in principle. The Taxes Appellate Tribunal also maintained the order of the Deputy Commissioner of Taxe...... under the head "credit for expenses" in the balance sheet that is liability to the sundry creditors, the Deputy Commissioner of Taxes added 50% under section 19(1) of the Ordinance of such liability amounting to Taka 2,74,000 for being unverifiable for want of proper proof. If there was no proof of..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)

....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ...... approached the complain­ant and the complainant gave him Taka 16,00,000 with condition that the money would be returned on or before 8-5-2001. The accused petitioner gave three cheques for the said amount. The complainant placed the cheques for encashment but the cheques were dishonoured and there..

Category: Criminal Law | Date: | Hits: 27

Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....o. 60220 is hereby declared 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) 451.......o. 60220 is hereby declared 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) 451.......section 27 Kaka of the Bank Com­panies Act, 1991. It is clear that the loan was obtain­ed by a private limited company and the petitioner was the Managing Director of the Company and owns 50 shares amounting to 2.5% of the total num­ber of the allotted shares. The only point for determi­nation i..

Category: Banking Law | Date: | Hits: 125

New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......r submitted that the petitioner has filed the instant application for rectification after three years of the registration of the impugned trademark and, as such, the appli­cation is barfed under the principles of estoppel, waiver and acquiescence. In support of his submis­sion, he referred to the ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..

Category: Intellectual Property Law | Date: | Hits: 187

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ...... 8 decimal of land as his saham. The Court's below further observed that the suit land is vague and indefinite, as such, the suit of the plaintiff is liable to be dismissed. 13. By now the settled principle of law in exercising revisional power under section 115(1) of the Code of Civil Procedure ......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..

Category: Property Law | Date: | Hits: 40

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......re the petitioners informed of any such result or finding or any show cause notice was given to them to explain their position and hence the impugned orders have been passed in gross violation of the principles of natural justice. 10. The learned Advocate next submits that under Rule 6(2)(a) ......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..

Category: Employment/Service Law | Date: | Hits: 107

Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)

....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......ence. At the time of marriage her father gave this convict cash of Taka 20,000 and ornaments of 2 tolas. After the marriage the victim began to demand dowry of Taka 10,000 in addition to the previous amount. Being failed to realise the same on 8-5-1991 he divorced the victim in the office of the Not..

Category: Criminal Law | Date: | Hits: 30