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Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
.... that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon daughter of late Abdul Majid became owner in possession of the suit lan......eported in 47 DLR 170 wherein his Lordships observed that: “No one how high so ever can take the law in his own hands specially when the matter is pending in a court of law. A party altering the status quo existing at the time of filing of the suit or proceeding must be compelled to restore the..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....that the importer the appellant instead of finishing agent imported DOP. The respondent No. 2, the Commissioner of Customs issued a notice to the appellant on 23-10-2000 alleging that the appellant illegally made a false declaration that he has imported finishing agent but on physical certification ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....tar dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- "Let a Rule Nisi issue calling ......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....aid provision of the Code. He also argued that the appellate Court also failed to exercise the jurisdiction vested on him unÂder the provision of Order 47, rule 7 of the Code and thereby committed illegality. The learned Advocate submits that both the Courts below illegally disbeÂlieved the medica......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....Miscellaneous Case No. 36 of 1987
Judgment
Amin-Ur-Rahman Khan J. - By an apÂplication under section 491 of the Code of Criminal Procedure the petitioner obtained this rule to chalÂlenge the legality of the detention of her husband Mr. Serajul Islam Chowdhury and to his imÂmediate release.......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliÂance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....nised appellant Rattan. 10. P.W. 7 Akter Hossain Mia was a Magistrate Barguna, Patuakhali. On 15.10.78 he recorded the confessional statement of appellant No. 2 Nurul Haque after observing all legal formalities. His confesÂsional statement is Ext. 2 and his signature is Ext. 2/1. He stated i......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....nal was iniÂtiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubali Bank, Jamalpur Branch by addressÂing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the facts stated therein. The appellant replied to the allegat......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
.... late Nazir Sikh died on 27.11.63. Under Section 78(6) of the Evidence Act, "public documents of any other class in a forÂeign country has to be proved by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public or of a Bangladesh Consul......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
....75. The plaintiffs submitted a show cause where they have submitted all the papers but without proper consideration of those, defendant No.2 treated the suit property as abandoned property which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna a...... of Marital Law Regulation No. VII the plainÂtiff has no case. 6. As against that order this revisional applicaÂtion was moved and the Rule obtained where the parÂties were directed to maintain status quo. 7. Mr. Miah Abdul Gafur, the learned Advocate appearing in support of the Rule having..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....¿à¦²à¦¾-১২/৯à§/০ৠpurporting to transfer the services of 118 posts of the development project namely "Women Support Programme (2nd Phase)" to the revenue budget excluding the petitioners illegally and arbitrarily and order dated 09.02.2004 vide Memo issued by the respondent No. মশিà......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..Category: Employment/Service Law | Date: | Hits: 86
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....itioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discriminatory action and is illegal, without lawful authority and of no legal effect and that the property has been sold at a shoc...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....orded under section 164 of the Code of Criminal Procedure by the Magistrate. The Magistrate was not produced by the prosecution for crossÂ-examination by the defence. The statement was not proved by legal evidence and it appears from the confessional statement made by Md. Motiar Rahman that he held......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....e certificate case was a nullity against the dead person and handed over possession of the properties to the substituted plaintiffs Chittaranjan Das, Monoranjan Das and Kesab Ranjan Das, who were the legal heirs of Late Indramati Dasya. Thereafter Chittaranjan Das and Kesab Das transferred entire â€......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....inding of fact made by the final court, of fact in exercise of any revisional jurisdiction. 11. However, from the above discussion it is evident that the impugned judgment does not suffer from any legal infirmity and, as such, cannot be interfered by this revisional court. 12. In the result, t...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....ich are said to arise from the order of the Taxes Appellate Tribunal: i) Whether in the facts and circumstances of the case the Tribunal rightly interpreted section 4(3)(I) of the Income Tax,1922 and legally upheld the assessment in question.
(ii) Whether in the facts and circumstances of the......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....indicative value’ but this term indicative value is not found anywhere within the four corners of the Customs Act, 1969 and, as such, it is submitted for the petitioner that the impugned order is illegal and it has infringed the fundamental right of the petitioner. 7. Mr. Ramjan Ali Sikder, the......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ich was ultimately made absolute on 14-3-1999. In the judgment of that writ petition it was clearly held by their Lordships that the enlistment of the property in question as abandoned property was illegal. Their Lordships, however, further observed that the title of the writ petitioner in the prope......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
....m is, that where an award is void and without jurisdiction, Court can take judicial notice of the matters even when the written objection was filed out of time and that the Court below committed an illegality by fixing the suit for ex parte disposal just upon rejecting the written objection of the p...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... Thana Parishad co ordination committee meeting and in fact the member from the reserved seats was consulted. Lastly, there is no violation of law as Annexures A and C, are only circulars creating no legal right. Therefore in the absence of infringement of any legal right the petitioner cannot come ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....s that in view of the fact the learned Family Court exercised his, judicial discretion in the light of the attending facts and circumstances of the case, the impugned order does not suffer from any illegality or legal infirmity occasioning failure of justice justifying interference by this Court exe......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
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