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Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....n Act is the satisfaction of the Government and in no way the satisfaction of the Bureau of Anti-Corruption. 6. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General has, on the other hand, submitted that since the power has been delegated by notification to the Bureau of Anti- Corru......hman……………………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....nciple of ‘finality of a proceeding’ should not be understood to say it is a vehicle to perpetrate fraud by dishonest persons. One who comes to a Court of law for justice, he must come with clean hands. When a case is based on falsehood or non-disclosure of material facts or particulars, he shou...... revision application of the above petitioners. 2. In the application, it is stated that decree holder Md. Mahbubur Rahman Mia instituted Title Suit No. 101 of 1989 for declaration of title and recovery of possession. The suit was then renumbered as Other Suit No. 22 of 1992. On 29-10-95 the suit......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....r Sinha J Mohar Ali Bhuiyan...............................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate (with M A Azim, Advocate appeared with the leave of the C...... 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C.S.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....s Appellate Tribunal was not justified in confirming the order of the Commissioner of Taxes (Appeal). 5. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the respondent, on the other hand, submits that it was concurrently found by the Commissioner of Taxes Appeal and the Taxes Appel......s that the Commissioner of Taxes (Appeal) was not legally justified in making the deletion of Taka 1,57,58,802 accepting the explanation given by the assessee and further submits that allowing of any over draft against the LC by a bank is illegal and on that count the explanation of the assessee oug......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483...Category: Fiscal/Taxation Law | Date: | Hits: 86
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....itle Appeal No. 141 of 1986 which arose out of Title Suit No. 810 of 1986 (originally Title Suit No. 533 of 1983 of Munsif’s 2nd Court, Barisal) of the Munsif’s First Court, Barisal. On the other hand, Civil Revision No. 73 of 1987 has been preferred by petitioner A.B.M. Hamid Khan against the j......e learned District Judge. The learned judge appears to have been silent as to the punitive nature or otherÂwise of the termination order but has held that the reÂlationship between the parties are governed by the Master and Servant Rule. He has also raised a new question of delegation of authority......he result, the Rules issued in Civil ReÂvision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
.... West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 15, Chanan Singh Vs. Emperor, AIR 1920 LaÂhore 376, Soliyan Vs. Emperor, 1930 M.W.N. 773, Aziz Vs. State PLD 1969 Lahore 1071, Dip Chand Vs. Emperor AIR 1935 Lahore 799, Emperor vs. Probhu AIR 1937 Lahore 551, Emperor vs. Mathwia, A.......S. Bajitpur Dist. Mymensingh is now in custody in this case and he made judicial confession implicating himself and others. The D.I.G., C.I.D. B/D Dhaka on the prayer of I/O of the case made him approver to give him tender of pardon during the trial of the case. Therefore, I, pray that accd. Ang......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election ComÂmissioner & others, 1988, 17 CLC (HCD)
....¯à¦¾à¦²à§Ÿà¥¤ 11. Annexure 'A' is a document not sealed and certiÂfied or even attested by any authority. There is no statement in the petition as to wherefrom, how and what manner it came in the hand of the petitioner. It was never mentioned by the Returning Officer in any of his official docum......ed at Dhaka Uttar Muhammadpur Centre. It is stated that form ‘T’ as in Annexure 'C’ was prepared by Presiding Officer in presence of all the candidates or the representatives after the poll was over. 5. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel submits that the special remedy is a......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....e 1800 bags of wheat on 22-6-1986, that the said quantity of wheat were in the godown of the defendant No. 2 under lock and key and guarded by the guards of the bank, that on 22-6-1986, Azizur Rahman handed over charge to Abdul Khaleq Jamadar, that at the time of handing over it is required to hand ......ney towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested the su......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
.... the allegations contended, inter alia, that by LA case No. 15/59-60 an area of 2.09 acres of land was in all 3.49 acres of land was acquired and noticed in Gazette and the possession of the land was handed over to Railway Authority and by such acquisition of 3.49 acres of land only 12 decimals of l...... the petitioner and her husband also mutated their names with the Corporation, WASA, Titas Gas, DESA and been paying all taxes, rates and bills. The Railways Authority sought to acquire land and the Government under LA Case Nos. 15 and 16 of 1960 acquired land. The petitioner claims that the Railway......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....lice station Birganj of Tripura State within Indian Dominion having their ownership and possession in ‘B’ scheduled land in India. The ‘A’ scheduled land to the plaint belonged to Sree Gopal Chandra Pal and 10 others who intended to migrate to Tripura state from their home District Noakhali ......s were trying to take lease of the ‘A’ scheduled properties on the basis of said illegal notification and hence the plaintiffs were compelled to file the suit. 4. The opposite party No. 5 the Government of Bangladesh as defendant No. 1 contested the suit by filing a written statement stating,...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....admittedly a proceeding has been initiated for cancellation of the licence for contravening various provisions of the Customs Act and the impugned order 4-7-2001 has been issued on the basis of first-hand information as to the allegations detailed therein, and we do not find that there is any requir...... evasion of tax an inquiry was going on against the petitioner and in the said inquiry some irregularities have been detected. In that view of the matter the impugned order was issued to protect the Government revenue. It is further asserted that the said inquiry started before issuance of the impug......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
.... passport was seized and impounded. The learned Advocate thereafter has argued that such action of the respondents is violative of fundamental right as guaranteed under Article 36. 3. On the other hand, the learned Deputy Attorney-General who appeared on behalf of the respondent No.1, after takin...... Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on 5th August 2001 in Dhaka by the Government of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the r......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....ently. One Afzal, a night guard of C&B coal damp came there but he went back to his place of duty being threatened by Paltu. Salam and Panna went to boat and brought out an old man from boat with hands tied up and handed him over to accused Paltu, Jalal and Helal who took the old man to the bank......estigation. 5. Trial Court framed charge against the appellants and another (Md. Selim) under sections 302/34 of the Penal Code and under section 396 Penal Code against the appellants and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....r the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No. 2/91 arising out of Matlab PS Case 8 dated 29‑9‑89 GR 63/89 under s......ition by PW 1 was probable as the accused being men of same village were known to PW 1 from before. Above recognition provides corroborative circumstances to Exhibit 2 wherein name of Suruj Miah with overact was mentioned by accused Zakir Hossain, he contends that accused appellant Suruj Meah admitt...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....like supply of chairs "and was not entered into by the respondent No. 1 (Titas) acting in the “Trading capacity" and discharging an ordinary trading function of the Government. It was, on the other hand, as necessitated for performing the function of the state as a sovereign power and arising out ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J Zakir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
.... No.1 is claiming title through Pear Baskha by way of taking settlement are forged and collusive papers which had been created for the purpose of the suit. 6. The High Court Division, on the other hand, observed that the trial court illegally admitted the deed dated 11th June 1966, Exhibit 1, as ......ugh the respondent No. 3 transferred .01 acre of land in favour of the respondent No. 3 which was not an out and out sale but it was a conditional sale to the effect that the respondent No.1 would recover the said lands if the respondent No.3 repaid Tk.500/- which he received from the respondent No.......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ch, there was a salish and it was decided with the consent of the defendant that he would vacate the suit property within 3 months from 10‑6-1994, the date of salish. But as the defendant failed to hand over vacant possession of the land 3 month’s notice under section 106 of the Transfer of Prop......here was a salish and it was decided with the consent of the defendant that he would vacate the suit property within 3 months from 10‑6-1994, the date of salish. But as the defendant failed to hand over vacant possession of the land 3 month’s notice under section 106 of the Transfer of Property....... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....pplication for pre‑emption is barred by limitation is untenable in law. Which has been supported in the case of Jafar Ali vs. Hushiar Ali and others reported in 46 DLR (AD) 187. 13. On the other hand, the learned Advocate for the pre-emptee opposite party No.1 submits that except the point of l......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....………………………………………..Respondent Judgment January 11, 2004. Cases Referred To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD...... Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station where the case was recorded punishable under section 302 of the Penal Code and handed over to the investigating officer who ultimately submitted a report with a recommendation to stand t...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....efendant Nos.14 and 15. The plaintiffs claim that plaintiff No.1 together with pro forma defendant Nos.14 to 16 thus acquired the entire suit land and to be in possession thereof. 11. On the other hand, case of the plaintiffs in the subsequent suit is that the said waqf estate on receipt of Kabul......tiff opposite party No.1, is filed and Mr. Nirmalendu Deb, the learned Advocate, submits that not only all the parties are not the same but also the subject matter in both suits are not the same. Moreover, the parties are not litigating, under the same title and hence the learned Subordinate Judge d...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
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