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Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
...., yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances, (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any for giving the transaction a bena...... relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defendant is his benamder in respect of the land as described in the schedule of the plaint. They are full brothers. The plaintiff joined in ser......o- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Op......nd the person expressly shown as the purchaser of transaction in the deed starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or not is largely one of fact, and for determining thi..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
.......
......Civil Court's jurisdiction “stood excluded by necessary implication" and in that connection made the observation as already quoted.
5. In Rafiqul Islam (Md.) Vs. Mustafa Kamal as cited above the question arose whether a civil suit is maintainable over an election dispute for the determination o..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... respectively but Nazar Ali and his heirs, present opposites opposite parties No.5‑10, created collusive and fraudulent sale deeds in favour of opposite party Nos.1 and 2 but they have no title and possession in the suit. Hence, the suit. 3. The defendant opposite parties No.1 and 2 contested t......l in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of...... Karim, Advocate‑ For the Opposite Party Nos.1 & 2. Civil Revision No.3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passe......ufructuary mortgage for a period not exceeding seven years but it was stipulated in the said agreement covering the period for 12 years from 6‑5‑60 and 30‑6‑60 for reconveyance of the land in question. 10. Under the law then prevalent on 6‑5‑60 and 30‑6‑60 the transaction could no..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
.... 395/397 Penal Code the police arrested accused-appellant SH Habibullah Hablu on suspicion on 30-1-92 and came to know from him that one SMG and some other firearms and ammunition were kept under the possession of accused-appellant Talebur Rahman alias Teleb and accused-appellant Abdul Matin. On the......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......e arms and ammunition kept in the court were not recovered and seized from the grocery shop. He could not say wherefrom the seizure list witnesses were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamrun Nahar Chowdhury was the ASI attached to Mirpu..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......f going to the house of Moti Chairnian of Demuddya, which it at a distance of one mile from her house. Thereafter in the same morning at about 9‑00 AM the dead body of Abdur Rashid was found in the land of P.W.13 Sabed Ali Dewan, which is at a distance of 150/200 yards from the house of the deceas......any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......s. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance with the pro......e Party No.1 (In Civil Revision Nos.123‑125 of 1996)
Civil Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six ......10 percent of the amount of the award of the Deputy Commissioner. We reject the submission on the ground that the proviso was inserted by Act 20 of 1994 effective from 1‑12‑94 whereas the land in question was acquired in the year 1967‑88. It is an universal law that a retrospective operation i..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......rt having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka against defendant for declaration of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for h......at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......Kabir, Advocate - For the Opposite Parties. Civil Miscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respondent petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned Distri..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....He was cross-examined by the defence. 22. P.W.7 Md. Abdus Salam, stated in his deposition that on 27-10-2008 the investigating officer MH Rahmat Ullah seized some papers and documents from his possession and in where he put his signature in the seizure list. 23. In his cross examination he......tion case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divisional Office of Anti-Corruption Commission of Barisal Division to the effect that due to mutation of his land, he went to the Deputy Assistant Settlement Office Md. Nurul Islam, the accused No.1 who demand......wn the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....tter were sent to the Bureau of Anti-Corruption on a request from them before the Rule was issued the respondent No.7 by an affidavit has submitted the photocopies of the documents, which were in his possession. He also submitted that the participation in a tender does not create a right and the aut......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......d as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......tent with the report of the Technical Committee which was taken into consideration carefully by the Board of Directors of the Security Printing Corporation (Bangladesh) Limited. According to him, the question of considering the award of contract to respondent No.8 as null and void does not arise at ..Category: Others | Date: | Hits: 174
.... must be in conformity with the provisions of section 2(f) of the Special Powers Act. In the grounds of detention in the instant case it has been stated that a foreign revolver was recovered from his possession and that the detenu was in illegal possession of the arms. For recovery of the said arms ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......haka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......r the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed by the learned ...... both dated 31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....section, signed by the said witnesses shall be delivered to such occupant or person at his request. (4) When any person is searched under section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......y declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......a 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and disputed question of fact cannot be amenable under the writ jurisdiction under..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....The Daily Janakantha' on 23-4-2009, and on 28-4-2009 some officials of decree-holder bank along with some other persons went to the schedule property when they disclosed that they would take over the possession of the same as it was sold on auction. Following the invitation of tender the scheduled p......enty five) contending, inter alia, that one Saleha Khatun, who is now dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgaging the schedule land including the structures thereon. The said suit was decreed ex parte on 27-9-2003. 3. Ther......Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Petitioner. Moudud Ahmed with Raziudddin Ahmed, KP Bhowmik and Khalifa Shamsun Nahar, Advocates - For the Opposite-Party No.1. Md. Hefz......009. 4. The petitioner along with three others filed an application on 4-5-2009 under Order XXI, rule 58 of the Code of Civil Procedure to the executing Court to release the schedule property, in question. The said petition was registered as Miscellaneous Case No.27 of 2009. At the time of filin..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......such as P.Ws.3 to 6, 8, and 9 stated to have heard occurrence from P.W.1. He submits that means of recognition of P.W.1 being torchlight and the said torchlight having not been produced at the trial, question of recognition by P.W.1 will be doubtful and therefore subsequent information about occurre..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....nformant and when they raised hue and cry the accused persons assaulted the informant and his men and accused Harun was caught by the informant party and on search one revolver was recovered from his possession and the other accused managed to flee away. After recovery of the arms, it was brought to......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......dering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......igh Court Division under section 561A of the Code of Criminal Procedure in quashing the investigation of the proceedings against the respondents was unwarranted and cannot be sustained in law and the question of quashing of the GR Case did arise as the case had not yet come up before the Special Mag..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......ther stated that the petitioner was granted optional retirement under section 9(2) of the Act and the impugned order was passed in public interest and not intended to form any punishment and that the question of violation of any of the petitioner's constitutional rights does not arise. It is further..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....cally stated that the alleged short payment of VAT is not correct. 8. The respondent No.3 without taking any account of the said reply of the petition visited the office of the petitioner and took possession of the VAT Register and adjusted Taka 10,90,585 with the following Note: স্থা......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......e amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... the Rural Electrification Board which was their tenant. Thereafter, the petitioners filed Title Suit No. 81 of 1986 in the First Court of Munsif, Dhaka for declaration of their title and recovery of possession but during the pendency of the suit the Government listed the said property as abandoned ......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......ners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......For the Petitioners. Fakhrul 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..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......red by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... in Criminal Appeal No. 42 of 1985 under sections 302/34 of the Penal Code. Under the order of the learned Chief Justice the matter has, therefore, been referred to me for disposal. 2. The main question which is involved in this case is whether the appellants Mosharraf Hossain and Mainuddin sh..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....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.......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.......n in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......dgment AM 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 h..Category: Procedural Law | Date: | Hits: 103
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