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Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......the purchased land. It is now the petitioners' contention that purely as a device for harassment the Tahshildar of the office of the respondent No.3 Assistant Commissioner of Land, Sirajganj filed an application for cancellation of the petitioners' mutation allowed in Mutation Case No.1038 of 1995â€..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......oney borrowed by them, no proceeding under the Act could have been initiated against him. He next submits that the appellant having categorically denied to have signed as guarantor in Exhibit 2, loan application vide its better statement accepted by Court and having adduced evidence in support of su..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......Vs. Azizuddin Industries Ltd. as referred to by Mr. Islam and noted hereinbefore. 15. For the discussions made above, we are constrained to hold that section 16 of the Customs Act had no manner of application to the consignment in question as argued by the learned Deputy Attorney-General and resp..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51....... the second schedule land and prayed for dismissal of the suit.
5. The plaintiffs examined 3 P.Ws. and the defendant No.4 examined defendant No.1 in part. At that stage the defendant No.4 filed an application for amendment of the written statement and the trial Court by the impugned order dated 1..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......s been continuing to live there even after divorce. Thus the alleged oral gift and appellant's right, title and interest in the suit property on the basis of such gift had not been proved. 12. The application filed by the plaintiff-‑appellant long after recording of her deposition on commission..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... especially, in the absence of a suit for partition. According to the learned Advocate appellant was not entitled to any relief as prayed for. 6. Thereafter, the plaintiff-appellant preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule. The g..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......ir with Ali Iman Khaled Rahim and Md. Ashrafuzzaman, Advocates-For the Petitioners. None Appears-For the Opposite Party. Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued ..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......ropolitan Sessions Judge, 3rd Court, Dhaka by his order dated 30‑3‑2004 passed in Metropolitan Criminal Miscellaneous Case No.440 of 2004. Thereafter, the petitioner moved this court by filing an application under section 498 and obtained the present Rule. 5. Mr. Abdul Malek with Mr. Khan Sai..Category: Criminal Law | Date: | Hits: 96
....sion of the said section has clearly debarred the jurisdiction of the Civil Court, I respectfully agree with the principle of law enunciated in the said case. And I do not feel it necessary to make a fresh exercise to decide the question as to whether the civil Court has got jurisdiction in calling ......tee of the school should not be dissolved for wilfully flouting the order of the Board for reinstating defendant No.6 in his post as Headmaster of Khashmahal Baluchar High School. In the said suit an application was filed by the defendant petitioners under Order VII rule 11 of the Code of Civil Proc..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......rore). On the same date the plaintiff, One Bank Limited (writ respondent No.3) filed an applicaÂtion under Order XXXVIII Rule 5 of the Code of Civil Procedure for attachment before judgment. On that application show cause notices were issued upon the defendants, and pending hearing, by an ad-interi..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....f materials on record decreed the suit in favour of the plaintiffs. It is within the competence of the High Court Division to dispose of a matter on materials on record without remanding the suit for fresh deciÂsion and extend its jurisdiction to interfere with the concurrent findings if it finds m......fering with the concurÂrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....e impugned judgment and decree dated 21-8-1995 passed by the learned Senior Assistant Judge in SCC Suit No.8 of 1992 are set aside and the suit is sent back on remand to the learned trial Court for a fresh hearing in accordance with law and in the light of the observations made in the body of the ju......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....urred on a fruitless litigation. Secondly, it gives that plaintiff a chance to retrace his steps at the earliest opportunity, so that, if permissible under the law, he may file a properly constituted fresh suit for vindication of his grievances. In deciding the question of rejecting the plaint the C...... defendant has clouded his title in the suit land and that necessitated the filing of the suit. 3. The defendant-petitioner without filing any written statement in the suit filed on 6-6-87 made an application before the learned Senior Assistant Judge, Dinajpur under Order 7 rule 11 CPC praying fo..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......replied on 31-1-93 by saying that the respondent No.1 was not entitled to any gratuity in addition to the compensation already paid to him (Annexure-E). 4. Thereafter, the respondent No.1 filed an application under section 15(2) of the Payment of Wages Act 1936 in the Third Labour Court, Dhaka cl..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....edure in Criminal Revision No.15 of 1994. The learned Additional Sessions Judge, Feni on hearing both the sides by his judgment dated 2-3-1996 allowed the Revisional Application and sent the case for fresh trial with certain observations. The accused-petitioners then moved this Court and obtained th......sed by the learned Additional Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Cou..Category: Criminal Law | Date: | Hits: 83
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......hat fraudulently manufacturing a forged resignation letter he was removed from the directorship which was approved in the meeting of the Managing Committee of the said society on 24-2-91. In the said application Annexure ‘F’ respondent No.4 also prayed for staying operation of the resolution dat..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......titioner. M. Amir‑ul‑Islam, with Md. Nurul Huda, Advocates ‑ For the Respondent No.1. Writ Petition No. 4097 of 1992. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is dire..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Party No. 1. Civil Revision No. 269 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application under secÂtion 115(1) of the Code of Civil Procedure and is directed against the judgme..Category: Property Law | Date: | Hits: 47
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......: Habibul Islam Bhuiyan, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.10 of 1987. Judgment AM Mahmudur Rahman J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. I..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......the petitioner on the ground that on declaration of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be proceeded with at his instance by an application and the learned Munsif by his order dated 27.12.65 returned the plaint and the suit was ..Category: Property Law | Date: | Hits: 49
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