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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......the suit by filing written statement After considering the evidence, both oral and documentary, the Adalat passed a compromise decree on 10-3-97. The petitioner having defaulted in complying with the terms of the said compromise decree the decree-holder Bank initiated Decree Execution Case No. 19 of......59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... 13. Mr. Ahmed next submits that once the plaintiff Bank proves that the interest claimed for the period, commencing from loan disbursement until filing of the suit, is lawfully applicable as per terms of the contract, the respondent bank is entitled to claim that interest as of right along with......eported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ...... formal defect, or (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw such suit or abandon such part of......r information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......at he was not present at the time of institution or disposal of title suit No. 58 of 1961 and that he did not see the signing of the plaint and the solenama. He further stated that he had no visiting terms with Harinath Majumder. PWs 2-4 did not dispose anything regarding the execution of the will o......Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
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. ......3, the Commissioner of Customs at Mongla Customs House at Khulna against such assessment. Then, he moved this Division and obtained a Rule nisi and direction for release of the goods at the aforesaid terms. 15. Now, let us read the decisions cited at the Bar. In A Hannan's case, (decided on 9......n: 59 DLR (2007) 563. ..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. ...... in 1985 after the petitioner passed that Examination in 1981. Therefore, he did not state the year in which he passed Dakhil examiÂnation. As regards Dawratul Hadith, the petitioner in no uncertain terms states that it is not a course for public examination under the Madrasah Education Board or an......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule..Category: Employment/Service Law | Date: | Hits: 65
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. ......as provided in section 6(2) of said Artha Rin Adalat Act in this regard. But by the impugned order, the said ex parte judgment and, decree dated 16-3-93 was set aside on the ground that the court, in terms of a provisions of section 151 CPC is competent to set aside the ex parte decree and accept th......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......arrest and that as he had refused to become a witness, he was implicated as an accused in the case. 8. Md. Sohel (PW 1) is seizure a list witness. He has not supported the prosecution story in terms of the prosecution case about the recovery of arms in his presence from the possession of Khok......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ectors of Modern Jute Mills Limited and he availed cash credit loan facility of Taka 1,90 crore from the respondent No. 2 vide sanction letter No. Jute (4338)362/85/ KMJ:SH dated 22-4-1985 and as per terms and conÂditions of the said sanction letter all directors of the company including the petiti......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......eneral, appearing for the respondent Nos. 1-4, opposes the Rule without filing affidavit-in-opposition and submits that there is no illegality in the order of transfer. He adds that the transfer is a terms of service and the authority is empowered by law to do so. He adds that the petitioner is a Go...... Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referre..Category: Employment/Service Law | Date: | Hits: 89
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......f a Company can invoke the jurisdiction under section 81(2) of the High Court Division for holding annual general meetings for the previous years if the Company makes defaults to hold such meeting in terms of section 81(1) Similarly, such member or director of the Company can also invoke jurisdictio...... Md. Joynul Abedin J Tahmid Ahmed …………….Petitioner Vs. Jalaluddin Jaffar Ali Hussain ……………Objector Judgment February 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittef..Category: Company Law | Date: | Hits: 222
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ection 56, and the Administrator, after making such enquiry and giving notice to such persons in such manner as he thinks fit and hearing them, if they desire to be heard, may accord sanction to such terms and conditions as he may, in his discretion, impose: Provided that where such transfer is t........……………..Petitioner Vs. M Aslam Miah & others......…….opposite Parties Judgment July 8, 2002. Cases Referred To- Serajul Karim Chowdhury Vs. Abul Khayer Chowdhury and others, 2 BLC 517; Syed Mahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. ..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......ow that the victim was minor, there is no commission of rape upon her forcibly. She did not resist nor tried to resist nor created any obstruction. It is an admitted fact that the victim has visiting terms with the appellant accepting letters and they are known to each other, the marriage was solemn......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......T. 18. Thus empowered, National Board of Revenue issued the Notification being SRO No. 143-Law/2001/308-Musuk dated 7-6-2001 fixing the rate of value addition at 10 percent subject to certain terms and conditions for the purpose of payÂment of VAT at the rate of 1.5 percent by the traders (......¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Chairman, NBR & others……………………Respondents Judgment August 15, 2007. Lawyers involved: Mahmudul Islam with Mizanul Haque Chowdhury and Md Hasan Rajib Prodhan, Advocates—For the Petitioners. M Fida Kamal, Attorney General with ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... Tribunal on consideration of the facts and circumstances of the case and evidence on record passed the judgÂment and order dated 31-1-2005 convicting and sentencing the accused persons to different terms as stated hereinbefore . 9. Being aggrieved by the aforesaid imÂpugned judgment and or......e is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......n consideration of certain aspects like the demeanour of the witnesses or absconsion after occurrence, as in the instant case, the Court must be very careful while dealing with them in that all these terms apply in different footing in the facts and circumstances and upon the critical analysis and a...... This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......the land to somebody else. 19. On the other hand, the case of the defenÂdants is that the suit land is required for official purpose. Hence they did not renew the lease. 20. Now let us see the terms of agreement stipuÂlated in the lease deed. It is stated in clause 2(1) of the lease deed dat......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Superintendent Engineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11,..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......ideration and, as such, a transfer in a holding by a deed of Heba‑Bil‑Ewaj within three degrees of relationship by consanguinity between the donee and the donor, is exempted from pre‑emption in terms of section 96(10)(c) of the State Acquisition and Tenancy Act. As a sequel to it, any subseque......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Raf..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......efendant-petitioner by appearing in the suit filed an application for rejection of plaint under Order VII rule 11 of the Code of Civil Procedure on the ground that without reference to arbitration in terms of the Arbitration clause of the lease agreement, the suit is not maintainable. The learned Su......t Division (Civil Revisional Jurisdiction) Present: Mohammad Fazlul Haque J NK Chakravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawy..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......not maintainable.
33. The question of jurisdiction of the court has to be decided at the earliest opportunity and referred to section 6 of the Code of Civil Procedure which is in the following terms:
"Save insofar as is otherwise expressly provided nothing herein contained shall operat.......
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Category: Property Law | Date: | Hits: 34
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