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MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......¦¨ ঢাকা-১২১২ 39. Despite that, plaintiff MA Hashem sticks with Shamsul Kabir Humayun Reza of Mirpur. From the bainama it appears that price was settled at Tk.1,65,00,000 and the terms and conditions of the deed for agreement for sale witnesseth in item No.2 that purchaser has p......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha..Category: Property Law | Date: | Hits: 100
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......on of the deed on 10th December, 1965, so the deed has acted upon. The appellate Court did not reverse the finding of possession. 11. The Court of appeal below failed to notice that when the terms of any contract, grant or other disposition of property, or of any matter required by law to b......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518....... which, it was directed that the auction sale of the property will be held on that day. On 29th June, the decree holder again filed an application for adjournment of the matter on the ground that the terms of settlement are yet to be settled between the parties. The executing Court rejected the said......man J ABM Khairul Hague J Md. Muzammel Hossain J Surendra Kumar Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others…..Category: Civil Law | Date: | Hits: 90
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... 274. 10. Order 1 rule 10 sub-rule 2 of the Code of Civil Procedure provides: "The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whe......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....urt with clean hands as because they fled away soon after commission of the rape. He next submits that this Court not being the Court of appeal cannot reassess the evidence on record sitting over its extraordinary jurisdiction under section 561A of the Code of Criminal Procedure. In support of his s......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The..Category: Criminal Law | Date: | Hits: 86
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......the undertaking of M/s Drums Metal Ltd. together with 3.28 acres of land on which the building, factory, etc. of the said Company situated and delivered possession to the petitioner. According to the terms of the said agreement, the petitioner was to pay Tk. 69 lacs in 9 equal annual installments on......
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 27, 1991.
Ca..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... In reply to cross he said that there were some other persons in the boat and the ghat remains crowded on the hat day after sunset. He admitted that Tashir was elecetd as member consecutively for two terms. The eividence of this witness also does not signify anything so as to whether the expression ......ported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......3.
Writ Petition No.9558 of 2010.
Judgment
Md. Abu Zafor Siddique J. - On an application filed under Article 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to ......n: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......in the deed. After the demise of the first three trustees named in the deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of ......Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......of the Income Tax Act, the Deputy Commissioner is again to issue a fresh notice to the assessee for hearing after service of notice under sub‑section (2) where the assessee fails to comply with the terms of the notice. From the order of the Tribunal we find that the notice under sub‑section (2) ......ment refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessment. 2. The assessee for the assessment years 1977‑78 and 78‑79 submitted returns of income. Notices under sections 23(2), 22(4) were issued but as the ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ossain, filed Other Suit No.13 of 1951 against the heirs of Ali Hosain and Elahadad Chowdhury for redemption of mortgage of the suit property and the said suit was eventually decreed on compromise in terms of a solenama filed by the heirs of late Elahadad Chowdhury and defendant Nos.15-18 in the sui......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......ny, make an order on the company for production of such document as in its opinion may reasonably be required by the Registrar for his investigation and allow the Registrar inspection thereof on such terms and conditions as it thinks fit. (4) On receipt of such information or explanation, the Re......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....e and policy for invoking the power under Article 3 of the said PO. The learned Attorney‑General further submitted that because of the delay and laches on the part of the petitioner in invoking the extraordinary jurisdiction of this Court, the petitioner is not entitled to any relief and as such t......te Trading Corporation of India Vs. The Commercial Tax Officer reported in AIR 1963 (SC) 1811; “But the question still remains whether “nationality” and “citizenship” are interchangeable terms. “Nationality” has reference to the jural relationship which may arise for consideration u...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ...... in the event of violation of the decree for prohibitory injunction the decree is enforceable for the reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure which is in the following terms: "32. (1) Where the party, against whom a decree for the specific performance of a contract......iah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & others Vs. Haji Abdus Samad, 33 D..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......les of 2010) and he Tribunal did not commit any illegality in passing the impugned orders as such. 21. Mr. MK Rahman next submits that the proceedings before the Tribunal have not yet commenced in terms of sections 9(1) of the Act of 1973 and this is why, there are no proceedings in existence the......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... the Ordinance (Annexure-'X'). The learned Advocate for the Petitioners, Mr. AHM Kamruzzaman has been unable to explain such discrepancy between the prayer made in the Supplementary Affidavit and the terms in which this Rule has been issued. 6. This Court notes that no Affidavit-in-Opposition has...... is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ...... sale on 15-12-2000 on receipt of Taka 15,000 out of Taka 50,000 but the defendant No.3, Khandokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants for execution ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ce Guarantees would be fraudulent and that such a fraudulent claim could indeed be restrained by an order of injunction. 5. On the basis of the above it became evident to this Court that under the terms of the contracts dated 12-11-2006 and those of the tender documents dated 10-9-2006 the succes......me Court High Court Division (Special Statutory Jurisdiction) Present: Syed Refaat Ahmed J Helm Dungemittel Gmbh……………………....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......6. The case of defendant Nos. 1 to 4, in short, is: 7. Asim Mohammad Sheik and Mozibor Rahman, Khatibuddin, minor sons of late Chuto Mohammad were 3rd party to the partition deed. According to the terms of the partition deed, Foraj Ashi Mohammad obtained 5 decimals of land, minor sons of late Chu......ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......me of the Constitution. 6. Nowhere in the Constitution, has it been contemplated that the judicial service shall enjoy a higher rank and status or position than other services of the Republic. The terms and conditions of services of the constitutional functionaries are regulated and determined by......Hossain J Bangladesh repreÂsented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ..Category: Constitutional Law | Date: | Hits: 441
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