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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....ment by furnishing the correct date of death. The learned Joint District Judge fails to notice that the question of abatement arose in case of such a kind that it cannot proceed in the absence of the legal representatives of the deceased plaintiff. This application of the plaintiff, in fact, is one ...... one under Order XXII, rule 10 for leave to proceed with the suit through the new secretary of the Akhra. 7. Before we consider the legal aspect of the order of abatement let us consider the legal status of "Temple' 'Mandir' or Akhra. There are elaborate rituals prescribed by Smriti writers which..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....omplainant suspected that the accused person had done some mischief the complainant alleged that the accused person thus committed offences under section 161 and 467 of the Penal Code by taking illegal gratification and by creating a false deed. The complainant identified this document as bearin......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....& Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund an amount of Tk 3,00,000 (thre......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facilities provided under tenancy agreement of the t......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....ch character as can relate to the fundamental principle of "mens rea" in Criminal Jurisprudence. The animus must be there and the "mens rea" must, also, be there. The animus is the very basis, of any legal concept of possession. Wherever possession is a basis of crime, "consciousness" or animus must......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No9. 19 of 1987 (Annexure-A (1) should not be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mutate the names in Miscellane...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....pears - For the respondents. First Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District J......ppellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendant Nos.8 and 9 to maintain status-quo in respect of payment under letter of credit as described in Schedule -'B' of plaint in T..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....he petitioner. Nusrat Alam Chisty, Assistant Attorney-General - For the opposite Party. Criminal Revision No.443 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule calls in question the legality and propriety of the order No.13 dated 05.05.1997 passed by the learned Sessions Judge, Mou......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
...., Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deeds dated 13.01.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upo......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
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Category: Property Law | Date: | Hits: 66
....5 of 2007 by the Artha Rin Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respo......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
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Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....rising out of the aforesaid work order. This plea of the respondents in the Arthorin Case failed as the learned Arthorin Adalat took the view that since the loan was taken by the respondents they are legally bound to repay the same and the application filed by the respondents for impleading Siemens ......s'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of th..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ed 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained f......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....her 3 brothers transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and show......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....ntiff was absent and the defendant was present. After the order of dismissal of the suit, the plaintiff should have come with a Misc. Case under Order 9 rule 9 of the Code of Civil Procedure which is legal and apt forum for the relief. Therefore, the impugned order passed under section 151 CPC resto...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... Writ Petition No.393 of 1979. In this writ petition it was held that the treatment of the disputed house by the Government as abandoned property within the meaning of President's Order of 1972 was illegal and without lawful authority and of no legal effect. Along with the above direction was also i......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....and public works. 14. Rajuk chairman told New Age that it’s a matter of political decision whether or not the unauthorised BGMEA Building would be demolished. 15. Rajuk will demolish the “illegal” structure only after it gets the green signal from the government”, he said. 16. The P...... foreign exchange earning, and tried to have us to perceive that an order derogatory to the body would be inconducive to national interest and that acquisition of land for BGMEA would, because of its status and role, satisfy “public purpose” criterion as envisaged by land acquisition statues. ..Category: Constitutional Law | Date: | Hits: 642
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ounting to Tk.2,40,041/= to the decree-holder petitioner corporation. After such payment the petitioner corporation in the Execution Case claimed Taka 13,855/= for advertisements cost Taka 8,500/= as legal expenditure. 6. The learned District Judge after hearing the parties and perusing the relev......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....reates a right accrued to the complainant in respect of the money claimed as his dues, charges etc and therefore, it would at best give rise to a civil liability and not a criminal liability. 8. A legal aspect of the matter may also be looked into. Out of a contract of service between the employe......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....mo No. পবম/শা-২/বগ-২/২০০২/৭৯৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are tha......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....ll in an error in coming to his ultimate decision occasioning failure of justice. He lastly submits that the learned Judge of the Tribunal without taking any step in respect of naraji petition most illegally rejected the same causing serious miscarriage of justice. 7. Mr. Sarwar Ahmed, the lear...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
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