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Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ank put the decree in execution by filling Mortgage Decree Execution Case No. 25 of 2001, which is still pending. 3. Under the above circumstances, the petitioner, her brother and sisters filed an application for release of their property from the schedule of the mortgage suit as well as the Mort..

Category: Civil Law | Date: | Hits: 183

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......nt and the said doctor would cure her illness. Subsequently she went Natore on 1st Kartik, 1384 B.S with the defendant, where he took her left thump impressions on some papers telling that those were applications for appointment of the doctor. Ultimately they came back from Natore without consulting..

Category: Property Law | Date: | Hits: 54

Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ties. Civil Rule 413 (Con) of 2008 Judgment Md. Ruhul Quddus J. - This Civil Rule at the instance of plaintiff-appellant–petitioners namely Md. Chand Miah and nine others was issued on an application under section 5 of the limitation Act, 1908 for condonation of delay of 311 days in fili..

Category: Procedural Law | Date: | Hits: 103

Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ners Not represented- the opposite parties. Civil Rule 242 (Con) of 2007 Judgment Md. Ruhul Quddus J. -This Civil Rule at the instance of plaintiff-appellant–petitioners was issued on an application under section 5 of the Limitation Act, 1908 for condonation of delay of 395 days in fili..

Category: Procedural Law | Date: | Hits: 92

Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)

....ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ivil Rule at the instance of the defendant-appellant petitioners namely Kendul Palli Mongal Samittee and its Secretary was issued for condonation of delay of 210 days in filing the instant revisional application against the judgment and decree dated 11.3.2007 passed by the District Judge, Joypurhat ..

Category: Procedural Law | Date: | Hits: 98

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......Order XXI rule 83 of the Civil Procedure Code will be applicable in an execution proceeding under the Artha Rin Adalat Ain, 2003. Sub-rule (3) of rule 83 under Order XXI excludes mortgage decree from application of sub-rule (1) and (2) of the said Order, but for simple money decree, Order XXI rule 8..

Category: Procedural Law | Date: | Hits: 95

Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)

....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......he learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. On perusal of the surathal report and the fact na..

Category: Criminal Law | Date: | Hits: 40

Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)

....erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......e privilege of bail of the petitioner No.2. Md. Karim, who has been enlarged on ad-interim bail. 5. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. Considering the factual aspect of the case to the..

Category: Criminal Law | Date: | Hits: 43

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....r a preventive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced." 10. From t......rney‑General‑For the Respondents. Writ Petition No. 871 of 2003. Judgment Amirul Kabir Chowdhury J.- At the instance of the petitioner Moshammat Shahina Begum this Rule was issued on her application under Article 102 (2)(b)(i) of the Constitution of the People's of Bangladesh calling up..

Category: Criminal Law | Date: | Hits: 55

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......ng penalty upon the respective petitioner it was stated that respective petitioner may pray for reconsideration of the punishment before the Academic Council. Accordingly, respective petitioner filed application before the Academic Council praying for exempting them from the punishment but the Acade..

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

.... issued by Dr. AJM Zaman in support of the loan shown in the income tax return was on the record, acted illegally and without jurisdiction in that state of the matter in not sending back the case for fresh adjudication by the Deputy Commissioner Taxes, Companies Circle-2 upon taking into considerati......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....e defence that the defamatory imputation is true, but it is otherwise in a case of contempt by scandalizing a Judge or a Court. Any attempt to justify the libel upon a Judge or a Court is in itself a fresh contempt. It will be evident from the above discussion of the two offending paragraph that, co...... precedence to the demand of the learned Attorney General over the merit of the cases. He was making orders of stay as routine work on the basis of identity of the litigants and their lawyers without application of judicial mind. The reporter has practically questioned the impartiality of the learne..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. 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) 341. ......emul Huq, Advocates—For the Petitioner No. 2. K S Zaman, Advocate—For Respondent No. 2. Writ Petition No. 1406 of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangl..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ledging the gift and thus the decision of the Deputy Commissioner of Taxes and that of the Taxes Appellate Tribunal are against the weight of evidence and is illegal. 5. None appears to oppose the application. 6. We have perused the application and the orders annexed therewith and considered t..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....t aside. 14. Since there has been no trial in the eye of law, it is necessary in the interest of justice that the case be sent back on remand to the learned Special Judge Court No. 2 Rajbari for a fresh trial in accordance with law, on taking necessary step in terms of the proviso to section 6(5)......tion against the three accused appellants and another alleging, inter alia, that accused Md. Eman Ali was the Manager of Baunipur Uttarpara Krishi Samabay Samity Ltd. and in that capacity he filed an application before the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari prayi..

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......Ltd. and on 1-10-97 delivered IGM bearing Rotation No. 964/97. In the said IGM the local shipping agent was shown as the importer of the said consignment. On 6-11-97 the local shipping agent filed an application for substitution of the name of the shipping agent by the name of Sathi Apparels as impo..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....an did not ‘renew’ the contract for another period of 3 years. On the contrary, each one of the petitioners was required to undergo a process leading to their “re-employment” by Biman under a fresh new contract. It is stated that under the new contract petitioners have been deprived of getti......e 23rd April, 1993 and 2 August, 1993. The contract of employment for each of the petitioners is exactly in the same form and terms. On 14th October, 1991 Biman advertised in national papers inviting applications for the posts of Flight Stewards/Stewardesses and the petitioners applied. The petition..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......ondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellaneous Case No.7 of 1992 allowing the application of the opposite party No.1 under Order XLI rule 21 of the Code of Civil Procedure, shoul..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......earing and disposed of by the single judgment as common question of law and facts are involved. 2. In all the above mentioned 3 writ petitions Rules were issued calling upon the respondents on the application together with supplementary affidavit to show cause as to why the impugned order contain..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ers Involved: Not Represented — the Petitioners. SS Halder, Advocate—For the Opposite Party. Civil Revision No. 95 of 1999. Judgment AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2..

Category: Property Law | Date: | Hits: 68