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....ccommodation for giving him a Government accommodation for his family to live and accordingly ground floor of house No. B/18, Zakir Hossain Road, Mohammadpur, Dhaka was allotted to the petitioner and possession of the said house was handed over to the petitioner on 6.2.1973 vide Annexure 'A' to the ......the Bangladesh Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance No. XXIV of 1970) provides as follows:
"3. Eviction of outgoing lessee from land or building‑If on the expiry, whether before or after the commencement of this ordinance, of ......ing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......t. It has also been stated that the petitioner does not live in the said house but lives in, House No.275 B, Road No.27(old), Block No. 'C'. Lalmatia, that he is keeping his relatives in the house in question and that he is a defaulter in the said house as a huge amount of Tk. 1,44,766.26 is still o..
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....stified in passing the impugned order on an erroneous view that the bidder was justified in not depositing the balance amount of the bid money as the Magistrate could not assure the bidder to deliver possession and order of forfeiture was unreasonable. 5. It appears from the report of the receive...... 1979 cancelling the auction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 145 CrPC started by the petitioner and a receiver wa......, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ....... 12.88 and accordingly the same was sold to the highest bidder Abul Kashem on 10.12.88 at Tk.5,25,000.00. Thus it is clear that the receiver did not and could not make over possession of the land in question to the opposite party due to the order of stay passed by the Sessions Judge on 7.9.88 in Cr..Category: Others | Date: | Hits: 172
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. ......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. ......ared 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. ......and Article 36 of the Constitution is subject to any reasonable restriction made by law and in the instant case the impugned order was passed under the Bangladesh Passport Order, 1973 which cannot be questioned on the ground of violation of natural justice. 11. The impugned order was passed under..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ...... as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......le of the application before judgment. The defendant‑appellant filed a written objection contending, inter alia, that the allegations as made the application are false and baseless and there was no question of attachment of the properties in question as the defendant‑appellant had already mortga..Category: Civil Law | Date: | Hits: 169
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ...... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......r petitioner Abul Bashar came to the office of the Chairman, Alana Garments Ltd, Mirpur on 5.12.91 and demanded subscription and when the Managing Director refused to pay the subscription and posed a question for what purpose the subscriptions was claimed, the accused‑petitioner allegedly attempte..Category: Criminal Law | Date: | Hits: 104
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
...... per law."
3. This finding leads us to see what the expression "Levy" means. The expression fell for consideration before different High Courts of this Sub‑Continent and also in the Courts of England. In the case of Commissioner of Income Tax Vs. Zoroastrian Building Society Ltd. (1955) 27 ITR ......against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......a)
Application No. 5 of 1989 (Chittagong).
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Ben..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......e where there is a delay in execution of death sentence must be substituted by sentence of life imprisonment. There are several other factors which must, be taken into account while considering the question whether death sentence should be vacated. Court called upon to vacate death sentence on the..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....this case. This P.W. also said that P.W. Badsha did not state in his statement under section 161 of the Code of Criminal Procedure that he saw the occurrence when he was going to Bazar nor said about possession of different weapons by the individual accused. He then said that P.W. Shamsuddin did not......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... the dead body of the deceased found to have not corroborated with the injuries as noted in inquest report Exhibit 9 along with the evidence of SI of Police. P.W.18 who prepared the inquest report in question. Further, it appears that the police constable who took and identified the dead body of the..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......t, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......this connection we may profitably refers the decision in the case of Nizmuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held "Since the date of receipt is a question of fact to be ascertained at the time of trial, non-disclosure of such fact in the compla..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......solution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defendants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears that on 15-8-2004 the learned Joint D......t: Faruque Ahmed J Obaidul Hassan J Abdul Haque…………………………………..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment May 29, 2011. Result: The appeal is allowed. Lawyers Invo...... on 25-9-2004 the decree was passed in his presence. Since it was passed in his presence he had no scope to file any application under Order IX, rule 13 of the Code of Civil Procedure. 13. Now the question whether sub-section 12 of section 89 A of the Code of Civil Procedure is a bar for any part..Category: Alternative Dispute Resolution | Date: | Hits: 227
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......oner Vs. Dr. Rowshan Alam and another…………………………………Opposite-Parties Judgment July 25, 2010. Result: The Rule is discharged. Lawyers Involved: Rokon Uddin Mahmood with Tanjib-ul Alam and ABM Fazlur Rashid, Advocates - For the Petitioner. TH Khan wit...... a suit afresh and rejecting an application filed under Order I, rule 10(2) of the Code of Civil Procedure by the petitioner for addition of party as defendant should not be set aside. 2. A simple question involves in this rule is whether a person who is not a party to the suit can challenge the ..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... possible as per terms of their bainapatra but the defendant No.1 with ill motive without payment of balance consideration money amounting to Taka 5,00,000 approached various authorities to take over possession of the suit property. He further submits that the trial Court after discussion of evidenc......ney and in the event of refusal to execute and register the kabala the plaintiff would get the same executed and registered through Court. The defendant No.1, duly obtained permission to transfer her land from the Housing Estate and the plaintiff requested the defendant for execution and registratio...... (HCD) (2011) 519.......ntitled to get an equitable relief. 13. Now, to deal with the contentions raised by the learned Advocates for the respective parties before us it would convenient for us to decide first of all the question whether the trial Court below was justified in refusing specific performance of contract fo..Category: Property Law | Date: | Hits: 105
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... It could not be disputed by the learned Advocate for the petitioner that whether the learned Advocate for the appellant had appeared when the appeal was called on for hearing that becomes a disputed question of fact. This Court in the exercise of its revisional jurisdiction shall not enter into a d..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....having no subsisting interest and that Halima Khatun has become 16 annas owner of the entire property as Saleha Khatun divested her interest in favour of one Moniruzzaman and it is Halima who is in possession of the entire properties left by father of both Saleha Khatuan and her hatband and in tha......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......mplainant. This complaint was endorsed to the Assistant Inspector of Anti-corruption Bureau, Jessore for inquiry and the said Assistance. Inspector D.A.B. Jessore inquired into the matter, seized the questioned Bainapatra from file of O.C. suit No.152/80 under order of the learned District and Ses..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......13. Since the Supreme Court of Judicature Acts, 1877 and 1875, the defendant who appears renders himself liable to all the remedies enforceable in the High Court of justice (Halsbury's Laws of England, Third Edition, Volume-I, p.49.50, footnote ‘r’). 14. Defendant Nos.3-7 are persons inte......DLR (HCD) (1987) 105.......mistakes and errors in the drawn up decree under section 152 read with section 151 of the Code of Civil Procedure. The decree holder has filed an affidavit-in-opposition thereto. 4. To take up the question of rectification of the drawn up order on the judgment dated 27.01.1986, the contention of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......se of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128....... as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we have heard them together and they are ..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....ati Dhana Kumar Das who transferred the suit property to Prornode Ranjan Paul, Jamini Ranjan Paul and Ramani Kanta Paul, the three brothers, by resigned Kabala in the year 1937 and they had been in possession of the same by erecting pucca building and a C.I. sheet hut thereon. By an amicable parti......bala in the year 1937 and they had been in possession of the same by erecting pucca building and a C.I. sheet hut thereon. By an amicable partition amongst the three brothers 12 years back the suit land fell to the saham of Promode Ranjaa Paul exclusively and while owning and possessing the suit......dhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petitioners. A.F.M. Shahid Deputy Attorney...... competent, that the plaintiff has title and he is in exclude possession of the suit plot, that the defendant No.3 being a lessee has no right of holding over in the leased out property let alone the question of having title therein and that the plaintiff came to know about the treatment of the suit..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....e aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15-12‑80 and while in possession she, being in need of cash money, agreed to sell the suit land to the plaintiff at the hi......nj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15-12‑80 and while in possession she, bein......the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......he defendant No.1 would have taken care to know about the stage of the suit and further there is also nothing on the record for such laches or filing any complaint before the Bar Council. 10. Next question is, whether consideration amount was paid. Though the plaintiff in the plaint categorically..Category: Property Law | Date: | Hits: 104
....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. ......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. ......order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......nstallments and the learned Advocate for the respondent also admits that the final allotment of the petitioner has not been cancelled. So the allotment letter is still alive and if the allotment in question has not yet been cancelled the petitioner has a reasonable ground to get the final allotmen..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......es and mutated his name. He is a bona fide purchaser with value. Opposite party No.2 has committed fraud on opposite party No.1 bank and opposite party No.3 by allegedly creating mortgage of the suit land in which he had no right title and interest to create such mortgage. The Arab Bangladesh Bank L......r……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result: The Rules in Civil Revision Nos. 1919 of 2009 and 4232 of 2009 are discharged. Cases Referred to- Belaye......Civil Revision No.1919 with 4232 of 2009. Judgment Quamrul Islam Siddiqui J.- Both the Rules were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application..Category: Procedural Law | Date: | Hits: 121
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