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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......the complainant–respondent including cheque money of both the cases amounting Tk. 4,69,832/- and Tk. 2,20,000/-, as such the application for compounding the offence under section 138 be accepted in terms of agreement filed by both the parties. The learned Advocate submits that the alleged wrong or...... Eshan Re-Rolling Mill Ltd………Respondent Judgment July 19, 2009. Cases Referred To- kishore kumar Vs. T.K. Corporation Ltd. (2004) 13; Sayeed Ishaque Memon Vs. Ansari Naseer Ahmed and another (2005) 12 SC case page 140; Narsingh Das Tapadia Vs. Goverdhan Das Partani and another (..Category: Criminal Law | Date: | Hits: 57
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......, we are of the opinion that the Bank still retains the character of a public authority for all practical purposes. 16. It appears that as a bank, it provides various kinds of loans to all, on its terms and conditions. It has also special loan facilities for all of its employees in a reduced rate......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is discharged..Category: Banking Law | Date: | Hits: 205
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......ff and defendant respectively by erecting boundary wall and after payment of consideration money for 3 kathas and 2 chataks of land, a 12’ ft. road has constructed on the R.S. Plot No. 580. That in terms of the Salishnama dated 6-6-68 plaintiff No. 1 was supposed to get kabala from Abdul Majid in ......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the said Waqf deed the waqif appointed his only son Ashraf Majumder as the f......Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim ..Category: Trust/Waqf Law | Date: | Hits: 180
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......pposite party for construction of a steel body motor launch for the petitioner's Mill at a cost of Taka 3,90,786.00 excluding the price of the engine, which was to be supplied by the petitioners. The terms and conditions of the work order amongst others were that delivery of the launch was to be mad...... Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory inÂjunction has got no market val..Category: Civil Law | Date: | Hits: 159
Trading Corporation of BanÂgladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned AdvoÂcate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......the vessel and the plaintiff also signed a letter of Counter-Guarantee in favour of the pro-defendant No. 5 undertaking to refund such GenÂeral Average Contribution as might not be payable under the terms of insurance. The plaintiff alleged that it is not at all liable to contribute any amount for ...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, AdvoÂcates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff fil..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resoluÂtion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......eedings against the Upazila Chairman. 17. Moreover in consideration of the very scheme and the language used both in the Upazila Parishad Ordinance and the Union Parishad Ordinance in defining the terms "Chairman" and "Acting ChairÂman" of the Union Parishad, I have no hesitation to hold that th......9) 108...Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......elief and RehabilitaÂtion Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit premises being holding No. 98, New EleÂphant Road, Dhaka, as per terms and conditions of the contract. The tenancy was for a period of one year upto 14th March, 1982......
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain, 1984 B.L.D. (AD) 298; P.K. Chakraborty Vs. A.P. Chowdhury and others, B.L.D. 1981 (AD) 19
Lawyers Involved:
Md. Nawab Ali, Advocate—For the Petitioner..
Category: Property Law | Date: | Hits: 28
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interÂference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......)/114 of the Code of Criminal Procedure. Then the learned Magistrate, Habigonj, by his order dated 05.10.1999, asked the Officer-in-Charge of Habigonj Police Station to submit a prosecution report in terms which A.S.I. Yousuf Ali submitted a supplementary report on 24.10.1999 adding section 387 of t......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). ..Category: Criminal Law | Date: | Hits: 31
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... month. The preparation of paper books is disÂpensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... cubits with pucca wall over the 'Kha' schedule land which was also sold to pre-emptees at the price of TK. 2,00,000.00. Subsequently possession was delivered to the respective land purÂsuant to the terms of exchange. After exchange the locals threatened to kill the vendors who then decided to sett......grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ...... 13. It appears that the High Court Division rightly held that the order of the learned Assistant Judge was passed after correctly assessing the valuation upon inquiry in accordance with law and in terms of the valuation of the suit property mentioned in the deed of gift assigning good reasons for......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â..Category: Civil Law | Date: | Hits: 65
....ticed in this Court and some of them possibly took temporary employment during this period of five years. They are, therefore, not entitled to emoluments for this period and this period be treated as extraordinary leave within the meaning of section 8 of the Supreme Court Judges (Leave, Pension and ......High Court Division. The Alliance Government appointed 45 Additional Judges from 29-7-02 upto 28-8-04 in such a way they could appoint them as Judges of the High Court Division before expiry of their terms and in due course they confirmed and appointed 42 out of 45 Additional Judges, most of them BN......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md...
Category: Constitutional Law | Date: | Hits: 252
....he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
...... Involved:
M. I. Farooqui, Senior Advocate instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Ex-parte-the Respondents.
Civil Appeal No. 446 of 2001.
(From the judgment and order dated the 8th day of August, 1996 passed by the High Court Division in Writ Petition No.80..
Category: Property Law | Date: | Hits: 41
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is disÂmissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......n Title Suit No. 219 of 1987 i.e. 17.1.1991 till the decreetal amount is realized from the date of the judgment dated 17.1.1991.
Having considered the facts and cirÂcumstances of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petiti...... VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......n 3 of the said Ordinance but the respondents in the instant case did not comply the assessment of the average higher and lower rate of sales of the land of the area assessed the compensation only in terms of the lowest sale value of the area which is available on record and there is no necessity to......vision (Civil) Present: Mohammad Fazlul Karim J Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Ismail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. Lawyers Involved: A...Category: Property Law | Date: | Hits: 25
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... issue a commission for local investigation. On a second appeal, a Division Bench, presided over by Jenkins CJ, held that there can be no justification for remand, unless it can be brought within the terms of rule 23 of Order XLI. In the present case, the learned Assistant Judge, Hatia by his Judgme......l Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, A..Category: Property Law | Date: | Hits: 37
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......, we read the provisions of Order VI rule 17 of Code. The rule 17 empowers the Court at any stage of the proceedings to allow either party to alter or amend his pleadings in such a manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of d......vil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Mal..
Category: Procedural Law | Date: | Hits: 60
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......f the case. Reliance has also been placed in the case of Commissioner of income Tax Vs. Messrs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a stock register cannot be regarded to be good reas......ribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......of the judgment of the said case is as follows:
“Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down that it is the decree or......Jurisdiction)
Present:
Syed J R Mudassir Husain J
Syed Mahmud Hossain J
Delwar Hossain (Md.)………………….Petitioner
Vs.
Government of the People’s Republic of Bangladesh and others...Respondents
Judgment
October 25, 2001.
Cases Referred To-
HM Saya & C..
Category: Civil Law | Date: | Hits: 76
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......tioner's Samity within one month from the date of receipt of the order" by the words and sentence: "to take necessary step for execution and registration of the required lease deed for 30 years in terms of the allotment letter in favour of the petitioner Samity within 3 (three) months from date".......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Secretary, Ministry of Land, Government of Bangladesh, Dhaka and others........Appellants (In both the appeals). Vs. H..Category: Property Law | Date: | Hits: 28
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