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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by those persons in connection with, or in preparation or execution of any plan for, or necessary steps towards the change of the Government of Bangladesh an......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......f and mental consent to a crime about to be committed by another does not make a man a conspirator, but quite a slight participation in the plan will be sufficient.” 667. Indeed, if A incites B to commit a crime and B agrees to do so, A and B will, semble, be guilty of co..Category: Criminal Law | Date: | Hits: 228
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......belonged to Sitakunda Mela Committee, that the plaintiff applied for land to the Sitakunda Mela Committee and the Sub-Divisional Officer on behalf of the Mela Committee gifted the land in suit by the deed of gift dated January 15, 1963 and handed over possession of the land so gifted to the plaint..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......erused the judgment of the High Court Division and other connected papers. 5. It appears that by the kabala in favour of plaintiffs' predecessor 1.20 acres of land was transferred by way of sale and the possession of plaintiffs was not disputed and accordingly the High Court Division held......d daughter Atarjan. Malu Mallik died childless and his share devolved upon his sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the prede..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......sion made on behalf of the Dockyard Group (OPs 6-9) appellants (all other submissions were rejected) that the directors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation charge, no irrevocable general power of attorney, no letter of guarantee and no..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......roperty in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and ......ur Jame Mosque burial graveyard and agreeing to complete the sale, received Tk.10,000/- on 9.5.1975 and Tk. 6,000/- on 19.2.1979, Ultimately the respondent No.3 having refused to execute the sale deed, the writ petitioner filed Title Suit No. 984 of 1980 for Specific Performance of Contract an..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... section 29(1)(XXVII) of the Income Tax Ordinance? 37. The word Zakat means growth or purification and sadaqa which is derived from the root sidq, means truth and signifies a charitable deed. But all sadaqas are not Zakat. The sadaqa which is obligatory is only Zakat. The word Zakat i..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ip with each other. He submits that the complainant-opposite party No.2 entrusted the accused petitioner to maintain the accounts. He submits that there is no partnership relationship and partnership deed or agreement between the parties. He submits that petition of complaint clearly discloses the o..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......re-emption case was barred by limitation. The further case of the pre-emptee is that his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him w......ption case was barred by limitation. The further case of the pre-emptee is that his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with f..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ...... equal of opportunity for all citizen in respect of employment or office in the service of the Republic is fully attracted to the petitioners case and as such the respondents is bound to implement sale without any further delay. He further submits that the respondents have no legal right to pick......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars standing on the boundary of the suit land. The pl..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....and the defendant No.2 the vendee showing transfer of 0.05 acres of land of the plaintiff in favour of defendant No.2 that the plaintiff had no land in Balighata mouza that taking advantage of the execution of the deed of exchange the defendants created forged and fabricated kabala by taking sig...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ff exchanged his land with 0.05 acres of R.S. Plot No.182 belonged to Mofizul Hoque that defendant No.1 by fraudulent mean scribed Plot No.524 belongs to the plaintiff instead of Plot No.638 in the deed of exchange which is liable to be cancelled; that on the very day the defendant created anoth..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: .......04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 6..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court and the property of Shoshi Mohan and others was attached by the Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subo......sited to the Court and on the same day TK.2,872.00 was deposited before the Court and permitted to deposit rest amount before the Court within one month and after depositing all the money obtained sale certificate but wrongly it was not mentioned that the defendant was a benamder of decree holde...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......veloped the case land investing Taka 2000 and that the case land was purchased within the knowledge as well as in presence of the pre-emptor, showing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within......allowing the pre-emption. 2. The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the ..Category: Property Law | Date: | Hits: 38
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......it No. 99 of 1994 is not binding upon them contending, inter-alia, that the suit land belonged to Chhakkun Miah who transferred the same in favour of Abdul Gani and Abdul Jalil by kabala deed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. Aft..Category: Civil Law | Date: | Hits: 94
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....decree permitting sale of the mortgage property and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ petitioner filed Mortgage Execution Case No.8 of 1995 for execution of the decree. Thereafter auction notice was published in "The Dainik Al Muzadded" and in .......1992 with 20% interest till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up of the final decree permitting sale of the mortgage property and accordingly a final decree was passed and drawn up 30.05.1994 an......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......of Nironjan an mother of Nityanondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been o......ronjan an mother of Nityanondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been owning..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......al power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing Modhusudhan as the attorney. The appellate court and the High Court Division believed the heba deed dated 13.01,1982 in favour of the plaintiff No.2. The High Court Division further conside..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......d Abdulla transferred 1.68 acres of land to Entaz and Aminuddin by way of lease patta and also delivered the possession thereof. Thereafter, Entaz transferred his share to the defendant by way of a sale deed. Thereafter, Sona Ulla transferred 0.12 acre of land to the defendants. The defendants g......ulla transferred 1.68 acres of land to Entaz and Aminuddin by way of lease patta and also delivered the possession thereof. Thereafter, Entaz transferred his share to the defendant by way of a sale deed. Thereafter, Sona Ulla transferred 0.12 acre of land to the defendants. The defendants got 1...Category: Property Law | Date: | Hits: 25
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