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AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......at the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the informant filed an application for addition of party disclosing how the accused petitioners became fugitive from justic..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Properties as per Article 4 of President's Order 16 of 1972 were not transferable without getting them released from the list of Abandoned Buildings and, as such, found by the Court of Settlement no application was ever filed to have them released from the said list. The petitioner therefore cannot..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....lement in favour of the plaintiff, which was ultimately allowed and the defendant No. 2 by his office letter dated 11-12-95 accorded permission to the plaintiff asking the plaintiff to enter into a fresh contract with the department. Accordingly, the plaintiff and the defendant No. 2 entered int......sp;Mr. Abul Kalam Chowdhury, the learned Advocate appearing for the petitioner, has placed the impugned order including all other judgments and the supplementary-affidavit and submits that the review application filed under Order XLVII, rule 1 of the Code of Civil Procedure was not entertainable by ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ...... 29-1-1995 and filed the Miscellaneous Case for pre-emption on 15-3-1995. 4. The pre-emptees contested the case by filing a joint written objection denying the material allegations made in the application contending, inter alia, that the application for pre-emption is barred by limitation and..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ort, he strenuously relied upon the decision of this Division in the case of ANZ Grindlays Bank Plc vs. Commissioner of Taxes (East) Zone, Dhaka 1993 BTD 226. 11. We have perused the reference application along with all orders passed by the above income tax authorities in the case. We find th..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......titioners. Abdul Quayum with Tapash Kumar Biswas and Md. Ali Reza, Advocates—For the Opposite Parties. Civil Revision No. 1172 of 2000. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-re..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....led on 3-2-03 and 8-7-03 respectively. Again, on 7-8-03 the decree holder-Bank sought for restoration of the execution proceeding which was rejected by the Adalat vide order dated 21-9-03 Later, on a fresh application filed by the said Bank on 8-1-04, the Adalat upon setting aside the earlier order ......n Case No. 693 of 2003. 4. Challenging the said impugned order of transfer dated 29-6-03 along with the appointment of the respective Judge of the Adalat the petitioners have preferred the instant application under Article 102 of the Constitution and obtained the present Rule. 5. In Writ Petit..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....ch the petitioner filed Writ Petition No. 2814 of 1996. Ultimately, in the said Writ petition the Rule issued earlier was made absolute directing the respondents to give a second show cause notice afresh to the petitioner enclosing therewith a copy of the inquiry report. Accordingly, a second sh...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Adalat in fixing the rate of such interest does not stand. Rather, section 50(3) of the Ain preserves the exclusive jurisdiction of the revisional and/or appellate Court to declare rate of interest afresh, fixed earlier under section 50(2), to render justice inter parties, where the legislature has......ndant petitioners also prayed for adjournment of hearing of the suit. The prayer was allowed by the Adalat and fixed 30-10-2004 for peremptory hearing. Meanwhile, the petitioners upon preferring an application under Article 102 of the Constitution have obtained the present Rule from different pers..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......ake the stamps out of the country by concealing them and without declaration. The passenger failed to produce any valid papers. 14. It is further stated that the petitioner never submitted an application for transfer of their shares to foreign company nor it took any general or special permi..Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of removing registered Trade Mark No. C-6724 in Class-5 from the Register. 2. The respondent No. 2 made an application under sections 37 and 46 of the Trade Marks Act for removal of registered trade mark No...Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......ত আসামী আঃ অদুদ মেম্বার এর জামিন না মঞ্জুর হইয়া হাজতে প্রেরণের আদেশ আছে" The bail application filed by the accused petitioner, A. Wadud Member, was rejected by the Sessions Judge in ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....ty of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action. 2. Short facts leading to this Rule are that the petition......f the suit land from defendant No. 11 by registered kabala deed and possessing the same. 5. Eventually, on 6-8-1984 the suit was fixed for pre-emptory hearing. On 5-8-1984 the petitioners filed an application for withdrawal of the suit with a liberty to institute a fresh suit in respect of the su..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....vs. Sephalika Dutta, AIR 1957 Cal 631. The law has vested a judicial discretion to revoke a grant where the Court may have prima facie reasons to believe that it is necessary to have the will proved afresh in the presence of the interested parties. The Court may refuse to revoke the grant in cases w......ration of the will executed by Harinath Majumder on 25-6-66 in Miscellaneous Case No. 1 of 1966. Long after 19 years of the said grant the respondent No. 1 (respondent) Rabindra Nath Majhi filed an application under section 263 of the Successi on Act on 18-11-85 for revocation of the Letter of A..Category: Property Law | Date: | Hits: 68
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......3. The complainant was examined on 3-9-2005 under section 200 of the Code of Criminal Procedure and thereafter, the accused petitioner appeared and was enlarged on bail. Accused petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge from prosecution but ..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......nsed Milk was upheld. The Appellate Division considered and approved the case of A. Hannan on the following view: "We do not think that the difference in facts would make any difference in the application of the principle which is based on interpretation of sections 19 and 30 of the Customs A..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......Md. Bazlur Rahman, Advocate—For the Petitioner. Khair Ezaz Maswood, Advocate—For Respondent Nos. 1,2, 4 and 5. Writ Petition No. 4281 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....cted by sending the case back to the learned District Judge for appropriate order. Even now, in the circumstances, we find it just and reasonable that the District Judge at Dhaka himself should hear afresh and dispose of the application for succession certificate. 13. Before recording our final o...... Not represented — Opposite Party No.1. Civil Revision No. 1765 of 1995. Judgment Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-9..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......the learned Subordinate Judge having found that the case of the plaintiff had been proved by judgment dated 16-3-93 decreed the suit ex parte. Then on 20-3-93, the defendant/opposite parties filed an application under section 151 CPC praying for accepting the written statement which was filed by the..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 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: 59 DLR (2007) 546.......the Petitioner. Md. Golam Mostafa, with AKM Rezaul Karim Khan, Advocates—For the Opposite Parties. Civil Revision No. 2719 of 2003. Judgment AKM Fazlur Rahman J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and..Category: Criminal Law | Date: | Hits: 29
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