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Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted......e is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the case was started on the basis of an illegal prosecution report and as to such liable to be quashed. Referring to section 155 of the Code o..Category: Procedural Law | Date: | Hits: 153
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....r case of the plaintiffs is that after the respondent Nos.7 and 8 left Bangladesh for India the defendant Nos.1 ‑6 might have created some forged signatures upon some white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M......forged signatures upon some white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will have no legal force in the eye of law as because they had already transferred their right to the suit land b..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......ported in: 44 DLR (HCD) (1992) 490.......arance and the said bank presented it to the Sonali Bank for payment but the same was returned with remark "Refer to drawer". On several occasions as the cheque was dishonoured the petitioners served legal notice upon the opposite parties demanding payment of the principal amount together with the i..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the Respondent No.1 issued notice upon the petitioner to deposit rent at ......ged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, A......n Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to cancel, rescind or withdraw the impug..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
.... 9. Mr. M.S.M. Nasirul Islam, the learned advocate appearing in support of the appeal has contended that the charge framed under section 395 read with section 397 of the Bangladesh Penal Code is not proper inasmuch as the ingredient of the offence namely, the presence of 5 or more persons as requ...... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ......isite for commission of dacoity but definitely alleges that they have committed an offence of dacoity under section 395 of the Penal Code. It, therefore, follows that even a single individual can legally be charged for committing an offence under section 395, where there are materials on record ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....Akbar Bhuiyan. Thereafter, the whole of the CS Khatian Nos.15 and 243 was sold out on auction and the said auction was purchased by the landlord Ashutosh Bandopadhaya and others. Thereafter, the said properties including the disputed properties were handed over to one Mohabbat Khan and the possessio......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......and Ala Box correctly and thereafter Ayer Khan died leaving behind two sons namely, Karim Khan, Salamat Khan and one daughter Tamarun Nessa and wife Sakhina, the opposite party Nos.1‑3 and 6 as his legal heirs and thus the plaintiff-appellant-opposite party Nos.1 to 6 have been owning and possessi..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......ed in: 44 DLR (HCD) (1992) 406.......l law being enacted creating special forum under the special law, the Civil Court committed a serious error of law in entertaining the suit which is otherwise barred and thereby committed a serious illegality which occasioned failure of justice.
7. I have gone through the petition and also hea..
Category: Labour and Industrial Law | Date: | Hits: 233
...., বেগম)
সহকারী পরিচালক।
3. An affidavit‑in‑opposition has been filed by respondent No.1 wherein it has been stated that the said house is an abandoned property under the P.O. No.15 of 1972 that the same has been included in the list treating it as Gov......Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Syed Mozammel Huq..................Petitioner.
Vs.
People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents.
Judgment
January 24, 1991.
Result:
......A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impugned order dated 15.1.90 (An..
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a...... directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner as Annexure‑A to the petition. ..Category: Business or Commercial Law | Date: | Hits: 601
....x Vs. Zoroastrian Building Society Ltd. (1955) 27 ITR 218 while construing the expression "levy" employed in 3rd proviso to section 9(2) of the Income Tax Act, 1922, it was held that only natural and proper construction which could be placed upon the expression "levy" is "impose" and not to 11 colle......
Judgment
June 23, 1992.
Result:
The court ruled in affirmative.
Cases Referred to-
Haxari Mal Kuthiala Vs. Income Tax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Socie......agong (North), Chittagong. The Appellate Joint Commissioner of Taxes turned down the contention of the assesse that disallowance of the aforesaid amount made by the Deputy Commissioner of Taxes was illegal and confirmed the disallowance in question made by the Deputy Commissioner. On further appeal ..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... that appellant Jalil told him that if Elias be murdered he would be able to marry Laily second wife of Elias. Salam told him that if his daughter Laily be divorced, she would be deprived of Elia's property. He continued to state that when they were waiting near the bamboo clump at about 8:00 P.M....... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......n this case as Ext.9. Investigating Officer sent appellant Nowsrer Ali to Magistrate to have his statement recorded under section 164 CrPC and the Magistrate Saifizzaman (P.W.1) having observed all legal formalities in that regard, recorded the statement of appellant Nowsher. Thereafter on recei..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... that Md. Mofazzal Hossain, Constable of Police brought the dead body of the deceased to the morgue. He denied the defence suggestion that Dr. Nasimul Islam did not hold the post‑mortem examination properly and admitted that post‑mortem examinations are done on several persons at morgue on same ......his Case is also Reported in: 55 DLR (HCD) (2003) 557. ......her submits that the learned trial Court failed to consider that all the private prosecution witnesses are none but hostile/inimical with the accused and, as such, the learned Trial Court committed illegality on relying on their evidence inasmuch as prosecution embellished its case stage by stage by..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....nce the notice was issued through registered post with AD and thus it is deemed to be served on and received by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner no where in his entire pet......Division (Criminal Miscellaneous Jurisdiction) Present: Sidduqur Rahman Miah J Ataur Rahman Khan J Noor Jamal…………………………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: ......under section 138 of the Negotiable Instruments Act wherein they requested the petitioner to make the payment of the said cheques amount within 15 days of receipt of the said notice; that in the said legal notice the complainant also informed the petitioner if the petitioner failed to make payment..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....tion of these P.Ws. are not allowed, the accused petitioners will be prejudiced. Section 540 of the Code of Criminal Procedure is intended to enable the Court to find out the truth and to come to the proper decision in a case. 19. It is true that the discretion under this section has to be exer......s also Reported in: 63 DLR (HCD) (2011) 524.......nd to ascertain the specific points for cross examination. 11. The point which calls for our determination is whether the learned Additional Sessions Judge, 2nd Court, Brahmanbaria committed any illegally in passing the impugned order dated 28-8-2007 in rejecting the application under section 540..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
.... the instance of the plaintiff. 3. Brief fact for the purpose of disposal of this rule is that the plaintiff filed Title Suit No.73 of 2009 on 20-3-2009 for simple declaration of title in the suit property. In the said suit, the petitioner was not made a party. During the pendency of the suit the...... High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Grameen Telecom………………………………Petitioner Vs. Dr. Rowshan Alam and another…………………………………Opposite-Parties Judgment July 25, 2010. ......ddition of party prompted the plaintiffs to withdraw the suit in order to deprive the petitioner from contesting the suit and to get its yields. Therefore, the order of withdrawal of the suit being illegal cannot be sustained. 6. Mr. TH Khan submits that this petitioner has no locus standi to fil..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....of contract impleading the defendant No.1, Minakhi Begum and two others. The case of the plaintiff is that defendant No.1, Minakhi Begum entered into a contract with plaintiff-appellant to sell her property under Mouza- Uttar Hali Shahar, District-Chittagong at a consideration of 8,07,000. Accordi......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta......der the shadow of powerful quarter. The defendant never avoided or refused to perform her part of contract but the plaintiff avoided to pay the balance money and due to plaintiff's delay as well as illegal activities the purpose for sale to invest money for which the defendant No.1 entered into th..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......o Reported in: 39 DLR (HCD) (1987) 122.
......ished in extraordinary Gazette are rules under Article 4 or under Article 24 of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and as such they have the force of law creating a legal right of the petitioners to obtain transfer of the controlling shares, it is noticed that clau..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....of the petitioner, as stated in the para 6 of the petition, that the petitioner is the full sister of Sadaruddin Biswas, the executor of the alleged Bainapatra in favour of the sister for sale of his property and the said brother is the husband of the informant Halima Khatun. It is the case that t...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10...... of one Moniruzzaman Khan and divested herself of the right, title and interest in the ejmali property. The said ex parte decree in favour of Saleha Khatun in Title Suit No.342 of 1972 was void and illegal, she having no subsisting interest and that Halima Khatun has become 16 annas owner of the ent..Category: Criminal Law | Date: | Hits: 117
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....regarding default of payment of money within 2 months, in the case of Ram Chandra Das Vs. Khalilur Rahman and another 1985 BLD (AD) 41, it has been held that in case of agreement of sale of immovable property, time is not the essence of the contract and court ordinarily does not take into considerat......l Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Res...... passed the defendant will suffer irreparable loss and injury. 6. Heard the learned Advocates. 7. As it appears P.W.2, the scribe, duly proved baina and so the learned Subordinate Judge acted illegality in holding that the baina has not been duly proved. 8. However regarding default of paym..Category: Property Law | Date: | Hits: 104
..../এস্টেট/৪০/স্থাঃ তারিখ ১১/১০/২০০৭ (Annexure-A to the petition) and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. For the purpose of disposal of the Rule the short facts of the petitioner's case are a......ed in: 63 DLR (HCD) (2011) 517. ......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
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