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Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....against the judgment and order dated 06.01.2009 passed by the High Court Division in Civil Revision No.5532 of 2001 heard analogously with Civil Revision No. 2464 of 2000 discharging the Rule and upholding the judgment and decree dated 16.07.2001 passed by the learned Subordinate Judge, First Cour......No.4770, relating to S.A. Plot No.9041 of Mouja Shahar, Dhaka and R.S. Khatian No. 1281 relating to R.S. Plot No. 13147 are correctly prepared and finally published in his name. He paid rents to the Government authority and received receipts for the same. His name is also recorded in the Municipal r..Category: Property Law | Date: | Hits: 24
....ired into by the Waqf Inspector and auditor who filed report on 26.11.1988 and the present allegation was again inspected by Md. Idris Hossain, Inspector of Waqf and he submitted enquiry report after holding enquiry on 09.01.1994 finding truth of allegation.
7. At the time of hearing of the appli......ourt Division and other papers on record.
12. It appears that the Administrator of Waqf by order dated 03.05.1986 held that the present petitioner being a junior member cannot get any preference over the senior members for appointment as mutwalli and that order was not challenged by the present..
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....t is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioners submitted that the trial Court on consideration of evidence on record dismissed the suit in holding that after abolition of Zamindary system the suit property was lying abandoned and taking ......on through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Sheikh Wahab Ali after receiving salami and issuing proper dakhilas and said Wahab Ali erected dwelling house over plot No.784 and used to live there with family and in other plots used to cultivate and grow di..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....orma respondent No.2 Gonophone Bangladesh Limited. 2. The facts involved in the case, in short, are that the petitioner is a shareholder and director of the respondent No.1 company ("the Company") holding 40,22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the C......s it appears in the said Particulars of Shareholders dated 15.04.2003. 7. It is stated in the application that the Company applied on 16.04.2000 to Ministry of Posts and Telecommunications of the Government of Bangladesh for a Licence as required under the Telegraph Act, 1885 for the Dhaka Zone. ..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....d by the High Court Division in Writ Petition No. 1413 of 1988 making the Rule absolute. 2. The facts of the case, in short, are that the writ-petition was filed by the respondent alleging, that holding No.2 of Joginagar, Dhaka originally belonged to one Krista Mohan Das having 8 annas share wh......I ADC (2010) 454, 15 BLC (AD) (2010) 179..Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....e other hand, relied on the depositions given by the officials of the Tax Department and Ext. 12 which were completely ignored by the learned Special Judge and set aside its findings in this respect, holding that the learned Special Judge committed illegality in treating the PWD officials as neutral......at the respondent no. 1 concealed the FDRs worth Tk. 1.17 Crore is concerned, the High Court Division, on evidence, found that the appellant furnished various sources for his FDRs, which was not controverted by the prosecution, as such, held that the findings of the learned Special Judge in this res..Category: Anti-Corruption Laws | Date: | Hits: 231
.... Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317 held:
“Addition of a subsequent transferee would not prejudice the plaintiff rather it would help him to get possession of the suit holding”.
5. He further refers the case of Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR......
2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land.
3. In suit, on 20-09-2007 one Md. Shafiul Alam and five o..
Category: Property Law | Date: | Hits: 27
Abul Hossain Vs. State, 2008, 37 CLC (AD)
....ent and order dated 25-05-2006 passed by the High Court Division in Death Reference No.57 of 2003 with Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003, rejecting the death reference, upholding the order of conviction and commuting the sentence of death to imprisonment for life and dis......parties, examining the said F.I.R. Charge Sheet and other papers framed the charge against the accused appellant and his 1st wife under sections 302/201/34 of the Penal Code. The said charge was read over and explained to the accused-appellant, who pleaded not guilty to the charge and claimed to be ..Category: Criminal Law | Date: | Hits: 45
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....ther Vs. Abdul Barik and another reported in 94 BLD (AD) page 83. In view of those decisions, I am of the opinion that both the courts below committed error in law occasioning failure of justice in holding that the present plaintiffs were aware about the proceeding of Title Suit No.16 of 1985 an......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..Category: Property Law | Date: | Hits: 79
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
.... into evidence in exercise of power under Section 107 of the Code of Civil Procedure and thus, by an erroneous view agreeing with the finding of the Court of Appeal below committed an error of law in holding that the plaintiff had miserably failed to establish its right and title in the suit land wh...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Muzammel Hossain J Md. Mozaffer Rahman and other..................Petitioners Vs. Government of Bangladesh and another..............................Respondents Judgment ..Category: Property Law | Date: | Hits: 28
.... even if it is assumed to be correctly reported then also it cannot have any bearing on the merit of the case inasmuch as it was a political speech delivered by the leader of a political party who is holding the office of the Prime Minister. Politicians often say things in public but that cannot for......urt Division
(Special Original Jurisdiction)
Present:
Syed Amirul Islam J
AKM Shafluddin J
SN Goswami, Advocate and another……….Petitioners
Vs.
Government of the People's Republic of Bangladesh and others…………Respondents
Judgment
..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....Association group which includes all associations formed on Bangladesh basis, and the election of each group is being held separately and exclusively within the Members of each group. Schedule for holding the election on the 12th October, 2000 was notified. 3. The petitioner is one Md. Abul K......Committee or other body including a regional, circle or zonal body of any such trade organization. In this Case, it is also to be noted that the learned Attorney-General appeared on behalf of the Government who is respondent No.1 in the writ petition and he made submissions, inter alia, that the ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....t of estoppel, the opposite parties are not permitted to raise such plea in evidence and also could not prove that the transfer took place on the negotiation of the pre-emptors. The trial Court while holding the aforesaid view relied on a decision reported in 27 DLR 413. The trial Court noticed that......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....f by submitting that the Board Meeting that was arranged at the instance of appellant No.1 is illegal and on the basis of that illegal meeting the respondents cannot be removed from the post they are holding in the company. Before entering into the merit we intend to dispose of the earlier objection......ne 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir 1973 PLD 62; Lakshmi Narasimhiah and others Vs. Yalakk..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....eet. But his responsibility continues till the conclusion of the trial to see that no evidence in the Case is lost by means of gaining over a witness or otherwise which may happen in Case of delay in holding trial of a Case. 15. In some Cases we are compelled to enlarge some accused on bail a...... in its issue of 9-1- 2001 published an article titled “Murder at DB Office. Hearing of Case again adjourned.” The article was relating to murder of Jalal on 25-03-99 whose decomposed body was recovered from a roof-top water tank of office of Deputy Commissioner DB and Deputy Commissioner (South..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....the Supreme Court of Trinidad and Tobago ordering the appellant to pay a fine of £25 or in default to be imprisoned for one month for contempt of Court for publishing an article, and to pay costs. Upholding the conviction, in this most cited Case, Lord Atkin observed: “The path of criticis......h a Rule should be issued. 5. The learned Attorney General, Mr Mahmudul Islam appeared in this matter. At the very outset Court posed a question saying that Mr Attorney-General is part of the Government, part of the Judiciary and the Leader of the Bar of Bangladesh. In what capacity he wanted..Category: Criminal Law | Date: | Hits: 49
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....r that a fugitive offender may be extradited to the Treaty State being a Commonwealth country on the basis of a warrant for arrest issued in a treaty State on the basis of an order of committal after holding an inquiry by a Magistrate. It is further clear that a fugitive offender can be detained in ......e and he was not aware that he was implicated in the Case. The petitioner was arrested on 6-11-1999 under section 54 of the Code of Criminal Procedure and that he was released at the instance of the Government on 16-3-2000. Thereafter, on 25-3-2000 when he voluntarily appeared before the Court on th..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
.... was not accepted on the ground that the auction bid was inadequate. Subsequently the said two plots were again put to auction, but no one participated in the auction. On 26-8-1989 accused No.1 while holding the position of the President of Bangladesh came on a visit to the mosque within Kawran Baza......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That since taking lease the petitioner has been possessing the holding uninterruptedly and started living there after constructing building on the same by obtainin......uthority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....xes estimated the Income at Taka 40,000.00 considering the old age of the assessee applicant but this was also done without any basis and the Appellate Tribunal estimated the income at Taka 48,000.00 holding that the estimates of professional receipt at Taka 40,000.00 is a bit low. This was also don...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
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