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Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... thereof assessed i.e. only at the stage of final decree and not before that and, as such, the learned Subordinate Judge was perfectly justified in passing the impugned order and it suffers from no illegality or legal infirmity. The learned Advocate further submits that the rights of the parties in ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....hip and similarly they also owed Taka 8,69,890.87 to the plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and in terms of the said resolution, Mr. Muhammad Iqb......by contract with another member or a third party undertake to subscribe to or acquire more shares in the company but this obligation is a contractual obligation and not an obligation flowing from his status as a member of the company. 10. In the decision reported AIR 1932 PC 244 cited by Mr. Nuru..Category: Company Law | Date: | Hits: 197
....eople’s Republic of Bangladesh.
3. The petitioner, full brother of the Detenu, invoking this Court’s power under section 491 of The Code of Criminal Procedure (shortly The Code) challenged the legality of the order of detention of the Detenu on presentation of a petition under Section 491 of ...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitio......ommission of an offence under any existing penal law. Under the existing rules of the Jail Code, a state prisoner is to receive treatment like civil prisoner. But this does not sufficiently cover the status of a detenu. So, we like to suggest that the Government should frame rules regarding the dete..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....t was contended by the plaintiffs of Title Suit No.18 of 1987 that the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977 was obtained by the defendants by fraudulent suppression of all legal processes and by practising fraud upon the Court and, as such, the same is liable to be set as......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....ional Commissioner, Sylhet passed in Revenue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Annexure E1) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts, in short, are that a closed fishery by name Duttapara Beel, popularly kno......t of the petitioner is not a merited one. 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) 201...Category: Property Law | Date: | Hits: 33
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....ting aside the order No. 63 and prayed for fixing the date for open auction and the Court by the impugned orders in exercise of his inherent power set aside the wrong order which suffers from gross illegality and the Court has the power to right what is wrong. He next submits that in a mortgage exec......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....0, but this time also returned the said cheque as unpaid on 26-10-2000 with similar comment that is, the fund is insufficient in the account. 4. Thereafter, the complainant-opposite party served a legal notice upon the accused petitioner on 6-11-2000 being registered with A/D through his lawyer w......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....tionary and it is expected in a Republic that the servants are required to discharge their duties neutrally, sincerely and honestly, more so when they are entrusted with the duty to adjudicate upon a legal right between the parties but unfortunately, in the instant case the contemner sailed in the s...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....ent mentioning that he was a defaulter for non-payment of rent in terms of the agreement and, as such, no rent would be accepted from him. In response to that notice, the petitioner-respondent sent a legal notice on 27-6-1992 along with the rent by money order but the opposite party-appellant bank d......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....r the disposal of the suit and the learned Subordinate Judge rightly held that without taking any opinion from the expert, the issues for determination can be decided. 10. Furthermore, there is no legal authority which bars the trial judge from using his own eyes and looking at the admitted LTIs ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and prope...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..Category: Property Law | Date: | Hits: 37
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....icer and inclusion of the name of the present petitioner in the supplementary charge-sheet are in accordance with the provision of section 173(3B) of the Code of Criminal Procedure. To appreciate the legal position, the above section is quoted below: “173(3B). Nothing in this section shall be d......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
.... Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention given any information respecting the offence which he knows......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....be oral or documentary. Confessions may be divided into two Classes: Judicial and extra‑judicial. A judicial confession is that which is made before the Magistrate or in Court, in the due course of legal proceedings, e.g. that recorded under sections 164 and 364 of The Code. A confession which is ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....oceeding. (iii) The plaintiff of the suit got no locus standi to file an application for staying the proceeding of the Execution Case No.1 of 1997. and (iv) The alleged oral contract got no legal existence at all and there was no contract whatsoever as alleged by the plaintiff. 5. The l......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
....ommissioner of Taxes maintained these disallowances by his appellate order dated 9-2-86 and the appellate order was affirmed by the Appellate Tribunal but in doing so they have failed to consider the legal aspect that the Deputy Commissioner is debarred from relying on information obtained by him fr......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170...
Category: Fiscal/Taxation Law | Date: | Hits: 65
....pugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation of the impugned orders vide Annexu......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
.... appearing on behalf of the plaintiff-opposite party Nos. 1-3 has supported the judgments of the court below. Section 42 of the Specific Relief Act reads as follows: “Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....and exempted them from paying taxes under section 4(3) (iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the legality of those orders. 5. In Reference Application Nos. 27-32/92 and 34-36/92 Bangladesh Food ......s treated as Local Authority rather they were treated as company and, as such, income tax was levied on its income and that order is under challenge. In all these reference applications, in fact, the status of the statutory corporations namely, Bangladesh Sugar and Food Industries Corporation and Ba..Category: Fiscal/Taxation Law | Date: | Hits: 94
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