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Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....hrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md. Abdul Jalil J. - This rule calls in question the judgment and order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka‑49 Mohammadpur Block ‘F’)......uring the pendency of the suit the Government listed the said property as abandoned property in the Gazette Notification dated 23.9.86 under Ordinance No.54 of 1985. The petitioners sent a registered notice with A/D to the Secretary, Ministry of Works on 17.8.97 to exclude the said house from the li...... 519/87(Ka‑49 Mohammadpur Block ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of India and came to East Pakistan in the last part of 1947 and has bee..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....y & assesses. Against the order of assessment the assesses preferred Income Tax Appeal No. 31/Cont. 105‑86 before the Appellate Joint Commissioner of Taxes, (North) Zone, Dhaka who by his order dated 1.12.85 allowed the appeal in part reducing the addition of Tk. 3,00,000.00 to Tk. 1,00,000.00......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......Mahmudur Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the ..Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause......now illegally claiming right and title over the suit property which was not even accepted by the Court in its decree passed in the previous money suit. 6. Mr. Faruque Ahmed lastly submits that the notice under section 106 of the Transfer of Property Act was not legally issued by the plaintiffs in......o show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause Court (SCC) Suit No. 12 of 1977, decreeing the suit for ejectment should not be set aside. 2. The plaintiffs instituted the suit for ejectment of the..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....espondents. Writ Petition No.516 of 1988. Judgment Quazi Shafiuddin J. -This Rule Nisi was issued calling upon the respondents to show cause why the Memo. bearing Memo. No. 62 Imn/V dated 15.1.1984 (Annexure M) of the Ministry of Home Affairs (respondent No.3) refusing confirmation......ted Officer or other Officer as indicated in Article 10A. These two conditions are the prerequisites for confirmation or for getting a certificate of citizenship. In the instant case, we have already noticed that the petitioner has been living in Bangladesh or in the territories now formed part of B......1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domicile from the Dist. Magistrate on 30.11.1954. He also expressed his formal allegiance to the Govt. of Bangladesh by swearing an affidavit before a Magistrate, 1st Class..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
.... the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. .......41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. The relevant facts are as follows: The accused petitioner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corrupt......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....tered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by way of pay order dated 14-9-95 and a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in his fa......cused petitioner, though, received Taka 5,000.00 from the complainant delayed and delayed the execution and registration of sale deed in his favour. The complainant, thereafter, issued two registered notices dated 8-5-96 and 2-6-96 asking the accused-petitioner to execute and register sale deed in h......d - the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magis..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions......ant's neighbours Makhan Miah and Dhanu Miah also accompanied him. Entering into the house of Shahid Miah, the informant found his nephew, Shahid Master, aged 40 years, died from bullet injuries. He noticed bullet wounds having been inflicted on the right arm and right ribs of the deceased's body. ......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
.... Advocates - For the Respondents. First Appeal No.162 of 1995 with Civil Rule No.208 (f) of 1995. Judgment Md. Joynul Abedin J.- This first appeal is directed against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991......tion of the ground floor of residential building as per plan approved by the Authorised Officer, DIT transfer the whole of the demised property but not part of it, on giving clear 30 (thirty) days’ notice in writing to the lessor and after obtaining the prior permission of the lessor in writing an......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
.... Islam, with Shirin Ahmed Choudhury, Advocates - For the Respondents. First Appeal No.15 of 1996. Judgment Md. Joynul Abedin J.- This first appeal is directed against the judgment and decree dated 28-9-95 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No.201 of 1994 decre......s on different dates requesting her to execute and register necessary sale deed on receipt of the balance consideration money but she declined to do so. Accordingly, plaintiff-respondent issued legal notices calling upon the defendant-appellant to execute and register necessary sale deed but the she......st Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter a..Category: Civil Law | Date: | Hits: 148
....f no legal effect or such other or further order or orders passed as to this Court may deem fit and proper.
2. The petitioner in his writ petition has stated that by a registered deed of Endowment dated 25-9-1903 the properties as mentioned in the schedule of the said endowment vested in the deit......as mere occupier. The respondent No.4 also paid rents to the petitioner althrough respondent No.2 namely, the Secretary, Ministry of Industries, Government of People’s Republic of Bangladesh issued notice for sale of the said Glass Works including other items of the property and sold the property ......volved:
MI Faruque with Salimullah, Advocate - For the Petitioners.
AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3.
AF Hasan Ariff Advocate - For Respondent No.4.
SK Sinha for Habibul Islam Bhuiyan, Advocates - For added Respondent No.8.
Writ Petition No.4127 of 1992.
..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....hir Kanti Majumder, Advocates - For the Respondent. First Appeal No. 301 of 1993. Judgment Md. Abdul Karim J.- This appeal at the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ...... the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect o..Category: Property Law | Date: | Hits: 109
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......was committed. 4. On perusal of the petition of complaint the impugned order and copy of the decree passed in Family Court case No.14/95 by the family Court of Muktagacha Thana it appears that the notice for the talak was issued on 26-6-95. It further appears that the petitioner took the second w...... State…………………Opposite Party Judgment December 8, 1997. Result: The application is rejected. Lawyers Involved: Moshfique Uddin, Advocate - For the Petitioner. None-for the Opposite Party. Criminal Miscellaneous Case No. 4738 of 1997. Judgment Kazi Ebadul ..Category: Family Law | Date: | Hits: 178
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....e principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may be, of the Negotiable Instruments Act, 1881, up to the date of institution of the suit, or for the sum mentioned in the summons, whichever is less, and for...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All these applications under Order 37 of the Code of Civil Procedure for disposal of suits in summary procedure have come up together for disposal and this judgment will..Category: Procedural Law | Date: | Hits: 92
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.60 of 1999 ......formant. Thereafter, the informant with her brothers Premananda Das, Nitfya Nanda Das and others went there and she ultimately identified the dead body as of her husband Makhon Chandra Das. They also notice some cut injuries on various parts of the body. The informant then understood that some unkno......ing to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....s the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The releva......r of the complainant, who on 29-3-2007 presented both the cheques for encashment in the concerned bank, but the same were dishonoured on the same day for insufficient fund. He thereafter sent a legal notice on 12-4-2007 to the petitioner which was returned on 26-4-2007. The petitioner did not pay th...... other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the pet..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....gment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application fil......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application filed for discharge of the accused-petitioner under section 241A of the Code of Criminal Procedure in Spec..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 20-2-2007 and amounting to Taka 2,00,000 bearing Cheque No.Gha 629586 dated 20-2-2001 in favou......he Agrani Bank but the cheques were dishonoured with a remark “পরিশোধের ব্যবস্থা করা হয় নাই।” and that there after the complainant served a legal notice dated 21-6-2007 upon the accused to repay the money and the accused received the legal notice......f 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Ba..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
.... 1991. Judgment Zakir Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal o......4,244.00, that the respondent No.3 Badarkhali Samabaya Krishi and Upanibesh Samity Limited on 14-2-1988 by adopting an illegal and malafide resolution cancelled the lease of the petitioner and issued notice on 5-3-1988 under the signature of the Manager of the said Samity respondent No.5 in the Writ......ality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case No.10 of 1988 pending before the respondent No.2 arbitrator. 2. The petitioner obtained a Rule Nisi upon the respondents ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... KM Hasan J. - The Rule Nisi was issued calling upon the respondent No.1 to show cause as to why the impugned notification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been ma......ted 15-4-98, fixing 26-4-98 for filing nomination, 27-4-98 for scrutiny, 6-5-98 for withdrawal of candidature and 24-5-98 for poll. 7. On 21-4-98 the petitioner through his learned Advocate issued notice upon the respondent No. 1 requesting to postpone the election of the constituency No.125, Bar......polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and late Dr. Ehtesamul Hoq Nasim Biswas, son of former President, Abdur Rahman Biswas. It is stated by the petitioner that Dr. Nasim Biswas was decl..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....the said compensation. 24. The compensation amount of Tk. 62,980.15 pasia now claimed by the Official Trustee need be paid and the amount need be arranged and obtained from the Government at early date for payment to the Official Trustee by the authorities concerned more in view of the fact that ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......itioner. No one- For the Opposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar a..Category: Trust/Waqf Law | Date: | Hits: 166
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