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....nt as under:
"In the instant case the provision of the section 28 can not be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, Artha Rin Ain 2003 the same principle is also applicable in this case which means that section 28(4) of the Ain, 2003 can not be......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.
......ent
May 13, 2010.
Result:
The Rule is discharged.
Cases Referred to-
Janata Bank Ltd. Rajgonj Road Branch, Comilla Vs. Gulneara Begum and others, in writ petition No.6136 of 2007.
Lawyers Involved:
Abdul Barek Chowdhury with Golam Mostufa Sarower Chowdhury - For the Petitioner..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......C); Abdul Kader Chowdhury and others Vs. State, 28 DLR 1976 (AD) 38; LV Yadav, AIR 1983 SC 1219; State Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Md. Israfil Hossain - For the petitioner. M.U. Ahmed – For the opposite pa..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ontention that the respondents are not entitled to get any order of temporary injunction he relies on the decisions reported in 33 DLR (AD) 298, 15 BLD (AD) 47 and 17 BLD (HCD) 204 and relying on the principles of law laid down in these decisions he most emphatically submits that in passing the inst......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ...... 414; AIR 1931 (Calcutta) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T...Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ated that Government after leasing out 0.32 acres of land, still possess 0.11 acres of land and no encroachment would be made in delivering the said land to respondent No. 6. 12. It is the settled principle of law that disputed question of fact cannot be gone into in writ jurisdiction. What is me......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. ......y itself constitute disputed question of fact. This is dispute which could be resolved on affidavits and annexure and requires evidence to settle such fact………………………………(12) Lawyers Involved: Khan Saifur Rahman with Md. Nurul Amin, Advocates — For the Petitioners..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....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. ......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. ......………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitione..Category: Procedural Law | Date: | Hits: 69
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused………………………………………..(10) Lawyers Involved: Abdul Malek with Imman Ali and AHM Mushfiqur Rahman, Advocates - For the Appell..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tity like BGMEA is untenable in the eye of law. 2) Where lands are not utilized for the purpose for which it was acquired, it has to go back to the original owner (3 BLC page 18). This established principle of law rendered the purported transfer even to EPB void ab initio, let alone BGMEA. 3) ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 53; Shankar Gopal Chatterjee Vs. Additional Deputy Commissioner, Dhaka, 41 DLR 326; Jogesh Chandra Lodh Vs. Province of East Pakistan, 9 DLR; Mrs. Maleka Siraj Vs. Bangladesh, WP No.2713 of 2010. Lawyers Involved: D.H.M. Munir Uddin, Advocate, Rokanuddin Mahmud (In support of the Rule), Advoc..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....01 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are barred by principle of waiver, estoppel and acquiescence. 6. Against the said judgment and order passed by ......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and others, 20 BLD (AD) 90; Md. Dewan Ali Vs. Md. Jashimuddin and others, 60 DLR (AD) 73. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioners. Md. Ali Reza, Advocate - For..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....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. ......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. ......g Finance Corporation……………………Petitioner Vs. Mosammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Md. Salim, Advocate - For the Op..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of time even after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ....... Asgori Khanam, AIR 1934 Oudh 45; Union of India Vs. Tulsiram Patel, AIR 1985 SC 1417, 1477; Hukuchand Vs. Bansilal, AIR 1968 SC 86 = (1967) 3 SCR 695; Periyakkul Vs. Dakshyani, (1983) 2 SCC 127. Lawyers Involved: Khijir Ahmed with Dider Alam Kollol, Advocates — For the Petitioner. Mahbu..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... 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. ...... 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. ......filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213. Lawyers Involved: AHM Kamruzzaman, Advocate - For the Informant-Petitioner. Sarwar Ahmed..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......……….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Petitioner. Md. Khurshid Al..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......dra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani Vs. Gogeswar Nath, 9 BLD 469; 35 DLR 315. Lawyers Involved: Md. Abdul Malek with Md. Oliur Rahman, Advocates - For the Petitioner. KM ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....titioner to that effect has got no substance. 21. It appears that the order dated 25.7.2004 has been challenged by the petitioner virtually it is a judgment of the Artha Rin Adalat but the settled principle of law is that a judgment debtor is required to file appeal in compliance with the provisi......tution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003………………………….(28) Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint D......le’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Motiur Rahman Zehadi Vs. Artha Rin Adalat, Tangail and another, 15 BLT (AD) 267. Lawyers Involved: S. N. Goswami with Ms. Afsana Begum, Advocates-For the Petitioner. Ms. Hosne..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....tion and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) Cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted pe......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... evidence establishes it beyond doubt……………………………(51) Cases Referred to- Ataur Rahman and others Vs. State, 53 DLR (HC) 87; Nur-E-Alam and others Vs. State, 54 DLR 242. Lawyers Involved: Khondaker Mahbub Hossain with Md. Fazlur Rahman - For the Appellants. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....the investors to believe that bonus shares may be issued against all Mutual Funds and hence heavy investment in Mutual Funds followed. 6. On 26.6.2008, when Respondent No.1 at a meeting decided in principle to amend its existing mutual fund rules to bar Mutual Funds from increasing their size by ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appeal Tribunal ex p. Begum Manshoora, (1986) Imm. A 385; Lawyers Involved: Dr. M. Zahir - For the petitioners. Mahmudul Islam - For Respondent Nos.1 an..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases referred to- 50 DLR (AD) 70; 46 DLR (HC) 136. Lawyers Involved: Moshfiqueuddin Bakhtiar with Jebun Nessa Moshfique, Advocate - For the petition..Category: Property Law | Date: | Hits: 155
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......y or solely clerical nature………………………………..(6)
Case Referred to-
Bimal Sarder and others Vs. People's Jute Mills Limited and others, in Writ Petition No.6813 of 2001.
Lawyers Involved:
Md. Mamun Aleem, Advocate - For the petitioner.
Sufia Ahmed, Advocate - For ..
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ctions 302 and 34 of the Penal Code. 29. In the case of Islamuddin (Md.) alias Din Islam Vs. The State, 13 BLC (AD) 81, it was observed by the Appellate Division as follow: “It is now settled principle of law that judicial confession if it is found to be true and voluntary can form the sloe ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... and others Vs. The State 3 BLD 206; Gour Chandra Pal Vs. The State 59 DLR 17; Shahjahan Ali (Md.) alias Md. Shahjahan Vs. The State 59 DLR 396; The State Vs. Abul Kalam Azad and others 8 BLC 464. Lawyers Involved: A.K.M. Fazlul Huq Khan (Farid) with Md. Shafiquzzaman, Advocate-For the Appella..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......assessment. For encashment of Bank Guarantee the respondents should have issued notice upon petitioner asking him as to why the Bank Guarantee should not be encashed………………(15 & 16) Lawyers Involved: Ramjan Ali Sikder with Abu Khaled-al-Mamun, Advocate - For the Petitioner. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
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