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Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... rice by the accused appellant, the accused appellant is entitled to acquittal on benefit of doubt. 9. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the prosecution has proved the guilt of the accused appellant by most consistent ......ric tonnes of rice in favour of the Chairman, Bera Upazila Parishad for distribution of the same amongst the distressed persons as, relief provided by the Relief and Rehabilitation Department of the Government. Thereafter the Chairman of Beta Upazila Parishad vide his Memo No.3596 dated 8-10-90 allo......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....d wealth and resources disproportionate to her known sources of income. In the absence of any such positive and definite materials above allegation will be obviously vague and ambiguous. On the other hand the petitioner filed Annexure X-X(1) (Annexure D-D(1) i.e. her Income Tax return and wealth ass...... Supreme Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu ......azila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the State......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....posite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the plaint being CC Suit No.402 of 1982 in the Court of Subordinate Judge, Rajshahi against late, Khandaker Mafizuddin predecessor-in-interest of the petitioner as sole defendant. 3. The case of t......h is 90 days from the date of death of the deceased the abated and that belated application for substitution was filed in the form of amendment of the plaint is misconceived and not maintainable. Moreover, the defendant produced and filed death certificate dated 19-2-1990 issued by Dr. SA. Nurul Ala......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....ed under the Ordinance to appear before a Family Court otherwise than as a witness is a pardahnashin lady, the Family Court may permit her to be represented by a duly authorised agent. In the case in hand the defendant-petitioner is the husband of the plaintiff-opposite-party and he is male and not ......, the learned Advocate for Mr. Mashuque Hossain Ahmed appeared in support of the Rule. The opposite Party is represented by the learned Advocate Ms. Farida Begum (Khan). 7. In approaching the controversy the relevant provision enshrined in section 21 of the Family Court Ordinance may profitably b......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... contention relies on the decisions reported in 29 ITR 30, 51 ITR (SC) 557 and 145 ITR 225. 5. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General, appearing for the department, on the other hand, submits that for the assessee applicant it was obligatory on his part to file the return for t......he learned Deputy Attorney-General, on the other hand, contended that the period of limitation as contemplated in proviso (iii) of sub-section (2) of section 34 applies only in those cases which are covered by sub-clause (b) & (c) of sub-section (1A) of section 34. Since the applicant did not fi......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ted in the less developed areas and al the same time 100% export oriented. Next, he has argued that the office order of BSRS dated 19.9.82 is applicable only to future borrowers. 15. On the other hand, Mr. Aktar Imam has submitted that the plaintiff is entitled to get the benefit of paying inter......Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....edure has been ousted by the provision of Rule 19(Gha) of the Emergency Power Rules and by impugned judgment the High Court Division has decided the academic question without reference to the case in hand and declaring a general proposition divorced and detached from any particular case before the H......l to his firm and the respondent No.2 sold fuel accordingly. On 31.01.2007 the informant party on the basis of a G.D. Entry No. 1025 dated 31.01.2007 raided the compound of the respondent No.1 and recovered 50,000 liters of fuel and lodged the FIR with Dighalia Police Station alleging that the respo......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ction Commission and others, 1996 BLD (AD) 204 = 48 DLR (AD) 208; Vikram Anand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur ......urring every day, the principle of estoppel and waiver has no application in the instant case. 9. We are inclined to agree with the submissions made by the learned Counsel for respondent No.1. Moreover, the doctrine of estoppel does not operate against any law. In the present case Article 66(2)(d...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... and three daughters in the North-bhiti hut, the appellant the eldest son of her elder co-wife with one daughter and wife in the West-bhiti hut and her husband deceased Azitullah with her eldest son Chand Ali on the cot and Zayeeb, another son of her co-wife, cowboy of the house M Akbar, Yeasin and ......and of the deceased. 5. None was named in the FIR as none of assailants could be identified. But Taju Master and Nazim were named as suspects in the FIR for the disputes they had with the deceased over contracts for sale of land with them. In all 18 witnesses were examined by the prosecution. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
.... 3. The learned Subordinate Judge allowed the application filed by the third party opposite party and rejected the application filed by the decree-holder petitioner and directed the decree-holder to hand over possession of the schedule ‘Kha’ property in favour of third party opposite party. ......he decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....illegally vacated the order of injunction and thereby has committed an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits that on a plain reading of the plaint, the relief claimed therein is barred under sect......the said hat till the disposal of the suit. In the application the petitioner stated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compens......application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till the disposal of the suit. In the application the petitioner stated t..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ishtiaq Ahme......man Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....¦â€¦â€¦â€¦Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 B......azzaque Mollah thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance Corporation, Khulna by mortgaging the said disputed suit land handed over the loan money to the Contractor for the construction of his aforesaid dwelling house at Bagerh......s such, the impugned judgment and decree is an error in its decision occasioning failure of justice. Mr. KS Nabi, the learned Advocate finally, argued that the trend of justice structure and judicial management is to saving the costs of the litigation and to prevent the protracted litigation and, as..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....n Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For th......y a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that there was no search under provisions of sections 25 and 30 of the Arms Act and, as such, alleged recovery was not in accordance with law and the convicted petitioner is liable to be acquitted. Lastly,...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....7 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidu...... immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......entation of a written statement with contentions that the suit property was admittedly an abandoned property within the meaning of President’s Order No.16 of 1972 and had been under the control and management, supervision of the defendants through allottee ASM Firoj Uddin Bhuiyan. The suit propert..Category: Property Law | Date: | Hits: 83
.... tender was highest still the respondents could not finalise the matter due to litigation’s but even after conclusion of the litigation’s, the respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of complianc......
ABM Khairul Haque J.- This Rule Nisi under Article 102 of the Constitution of the People’s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 date......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....unction coul4 not be granted to establish a new state of fact different from those existing on the date of institution of the suit. According to the trial Court, the plaintiff did not come with clean hands, and therefore, balance of convenience and inconvenience was not in favour of the plaintiff. ......r temporary injunction in mandatory form. 3. Defendant No.2 appeared by filing a written objection and denying the material allegations made in the application for injunction, contended that the Government in exercise of the statutory powers, refixed the rate of gas for industrial category with ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....estrict the scope of the word to the four corners of what is stated in the clause and to deprive it of any other meaning that it may have in the English language. The word ‘include’, on the other hand, is used with a view to enlarging the meaning of the word, by also clothing it with the connota......rity nova means that a ‘local authority’ shall mean and include a Pourashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local or any corporation or other body or......l authority’ shall mean and include a Pourashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local or any corporation or other body or authority constituted or esta..Category: Fiscal/Taxation Law | Date: | Hits: 86
....hly rent of Taka 2.50 lac (Taka two lac fifty thousand) only for the first 3 years and monthly rent of Taka 2.75 lac (Taka two lac seventy-five thousand) only for the subsequent 5 years. On the other hand, respondent No.4 submitted a tender to take lease of the said industry for 10 years offering mo...... that in the earlier decision the respondent Bangladesh Inland Water Transport Corporation was directed to make delivery of the barges to the petitioner who entered into contract with the respondent Government to buy the same, and in the subsequent decision acceptance of the tender of a tenderer who...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
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