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....the People's Republic of Bangladesh and others……………Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mi......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
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Category: Property Law | Date: | Hits: 27
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....h possession has been taken over by the Government and another list known as Kha list is to consist of abandoned properties of which possession has not been taken over by the Government but notice to hand over possession has been issued. Both lists are to be published in the official Gazette. In vie......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... Abdul Karim and others.........Petitioner Vs. Court of Settlement and others ......Respondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheik......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....ne dacoit who was masked, directed the other dacoits to fasten her husband. She recognised him by his voice as Ayub Ali. Thereafter two dacoits tried to take her husband out of the house by tying his hands, but he somehow untied his hands. He was again fastened by folding his hands towards back with...... homicidal in nature. 14. Mrs. Tahmina Begum (PW 13) stated that on 24-9-85 she recorded the statement of Hazrat Ali (PW 2) under section 164, Cr.P.C. In cross-examination, she stated that in note sheet dated 307-87, she noticed that accused Khalilur Rahman filed an application for retract..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....earned Additional Sessions Judge has accorded permission without application of judicial mind as if he were performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Advocate, on the other hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ftahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....out of a bank loan, which could always be shown for her own interest of the petitioner in the following year. 11. We also heard Mr. Kazi Oliul Islam, learned Deputy Attorney-General and Mr. Madab Chandra Das, Additional Commissioner of Taxes, Inspection Directorate at Dhaka on the issue facing us......d personal loan if not repaid within the statutory period under sub-section (21) of section 19 shall deem to be "income from other sources" under section 33 of the Ordinance. 22. It is needless to note that a bank loan remains always a liability and therefore shall never be deemed to be an inco..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....qual shares. Indro Mohan and Mukta Sundari died without any issue and leaving Rajkumar as their only heir and legal representative. Rajkumar was survived by two sons, namely, Radhagobinda and Pratap Chandra. By successive devolution, Radhagobinda and others became owners in possession of said land. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....am Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubuddin Ahmed with SM Monir, Advocates—For the Petitioner. Tania Amir with Bashir ......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... of village Paragaon came in a open jeep and kept it near Berolia Ferry Ghat and went to Eklal Miah's House. Thereafter aforesaid five captives were brought to Berolia Ferry Ghat with eyes folded and hand tied by cloth and they were compelled to board the jeep and taken to unknown destination. ......ds and eyes tied were brought down from jeep and taken to a school and thereafter he left that place with the jeep. The driver Nuru admits that whenever he takes the jeep of the diary Firm he makes a note of it in the log book. He also admits that movement of the jeep is noted in the log book. But t..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....f Commerce to which we would advert at the relevant portion of the judgment. 19. Mr. Md. Awlad Ali, the learned Advocate appearing on behalf of the plaintiff-respondent in this appeal on the other hand submitted that in the instant case the letter of indent constituted a contract between the buye......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....oom and found mother lying in the Veranda with a serious injury in the abdomen and chest and saw her in restless condition and shortly she succumbed to the injury. He also saw his father pressing his hand against wounds and said that appellant Dablu had murdered his mother Sajeda and caused injury t......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....arable loss. He further submitted that the impugned order should be set aside by this Court in the facts and circumstances of the case. 4. The learned Advocate for the opposite party, on the other hand, strenuously argued that in the instant case the provision of section 10 of the Code of Civil P......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
....ested for release of 103. 1398 acres of land instead of 105.117 acres (Annexure-G). Thereafter the Ministry of Land Administration and Land Reforms by order dated 17-9-86 asked the ADC (LA), Dhaka to hand over possession of 103.1398 acres of land to the petitioners and others after realisation of th......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....he Act submitted that as the order of dismissal was made appealable, the Court below on acted in excess of its jurisdiction in entertaining the application under section 151 of the Code. On the other hand, the learned Advocate on behalf of the opposite party submitted that as the hajira filed by him......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
.... suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant presented an application in the court for comparison of his alleged handwriting appearing in a Angikar Patra dated 30-12-95 and a Shikriti Patra dated 26- 2-1997 with h......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..Category: Family Law | Date: | Hits: 185
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....l Area, Dhaka in order to deliver up vacant possession to the petitioner. The government by another memo dated 12-3-82 addressed to six other inmates including the respondent No. 7 Jaleel Brothers to hand over their respective vacant possession to the Superintending Engineer or, in the alternative, ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....parison in the absence of any admitted or proved initial of the defendant on record. 24. Lastly, he pointed out certain circumstances and submitted that as the plaintiff did not come up with clean hands he entitled to any decree whatsoever. 25. On the other hand, Mr. Rahul Alam Chowdhury, lear......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... before the expiry date for presentation of the document, that they were not bound to pay the plaintiff in accordance with the UCP rules, that the plaintiff did not negotiate the documents with clean hands, that Habib Bank did not pay any money to the supplier as far as they knew. The witness in his......d on 31‑5‑1993 against National Bank Ltd., defendant No. 1, defendant Nos. 4, 5 and 6 on contest. The National Bank Ltd. filed both the appeals. 2. The facts leading to the filing of the above noted two suits, one by Mr. Md. Salauddin, the plaintiff in Title Suit No. 56 of 1987 and the other ..Category: Business or Commercial Law | Date: | Hits: 202
....pect of one decimal of land as she occupied the land of petitioner's wife Mrs. Nuri Aktar illegally. In the 1st week of November, 2002 the petitioner and his wife requested said Ferdous Ara Khanam to hand over vacant possession of the said 1 (one) decimal of land in their favour which infuriated her......emporary measure only and not any final decision. But, in the instant case final order was passed canceling the “পরিবেশ গত ছাড়পত্র”.
13. It is very interesting to note that both the respondents as well as the applicants tried to rely upon the fact of holding of a..
Category: Environmental Law | Date: | Hits: 226
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