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State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......r collected Tk. 1,29,422.25 as fee for renewal of M.V. license from the owners during the period from 19 February, 1984 to 19 May, 1984 but they showed an amount of only Tk.85,975/- as stamp sale proceeds for the aforesaid period and thus both the accused in collusion with each other misa......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 35
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
.... and they in their depositions did not state as to when and where they had written or attested the Nadabipatra and as such their evidence specifically in respect of time, place and manner of execution of Nadabipatra are vague and unspecific inasmuch P.Ws. 2 and3 in their deposition specif......nt injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian......and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to exec..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......dra Mondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutat&......ondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutati..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......ner as an applicant filed petition before the High Court Division praying to add him as an opposite party in the rule stating, inter-alia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration o...... 6. Being aggrieved, the petitioner has preferred this petition. In support of this petition. Mr.T.H. Khan, the learned Senior Advocate submits that the petitioner having entered into a deed of agreement for purchase of the suit Property, his interests are seriously involved in the s..Category: Property Law | Date: | Hits: 33
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......sited the bid money and that the writ petitioner later was surprised to know that the executive engineer the writ respondent No. 2 published fresh auction notice inviting quotations for sale of 252.409 metric tons of M.S. Rods and 40.243 metric tons of F.I. of M.S. bars, the remaining......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... the defendant Nos.14, who are brothers. Defendant No.4 while in possession of his share to the extent of 4 annas, he transferred his said 4 annas share to his wife Safatunnessa by a Heba-bil-Ewaz deed dated July 22rd 1942. Safatunnessa while in possession sold the land what she got by Heba-bil-..Category: Property Law | Date: | Hits: 44
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ank, contained similar word i.e. "materials will be issued from PCA. store at Mongla Port as per attached sheet" and therein the word "will" has not been substituted by the word "may"; at the time of sale of the tender documents the schedule and items of works are attached thereto and before the sal......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......hanically manufactured footwear’s, brought by the manufacturers to the Company's distribution centre at 6, Bangabandhu Avenue, Dhaka on the allegation that those footwear’s were brought there for sale without paying the excise duty. The Excise DeÂpartment also seized 120 pairs of footwear made ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....e to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues onl......below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor ac......of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the regÂistration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the conÂtract of sale can not ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as va......ter taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration of Tk. 4000/- out of which he received Tk. 2000/- promising to execute the necessary sale deed on receiving the balance; but he did not perÂform his part of the contract whereupon responden..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......h Court Division. 2. Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar Ri..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....nce to life imprisonment. This Division in that case vide 39 DLR (AD) (1987) 194 did commute the death senÂtence on different grounds but as to delay observed that "in some cases inordinate delay in execution of death sentence may be considered a ground for comÂmuting it to transportation for life......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ught within four corners of the 1st Exception of section 300 of the Penal Code." We have, therefore, to proceed on the basis that the appellant has been rightly convicted for the offence of murder. Indeed we have accepted the concurrent finding of the trial Court and the High Court DiviÂsion as to ..Category: Criminal Law | Date: | Hits: 65
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
.... Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such manner the execution of the money decree be stayed and the order of the high court division be modified……â€......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....o all pending suits, appeals and proceedings and unexecuted decrees, for ejectment. — The proÂvisions of this Act shall apply to all suits, apÂpeals and proceedings including proceedings in execution for the ejectment of a non-agricultural tenant which are pending at the date of the comÂ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ed to Tasaruddin who died leaving son by name Tofazzal Hossain, a daughter by name Amena Khatun and a widow Jamila, that after death of Tasaruddin the land of 'Ka' schedule was put to rent sale in execution of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife of Tofazzal ......e belonged to Tasaruddin who died leaving son by name Tofazzal Hossain, a daughter by name Amena Khatun and a widow Jamila, that after death of Tasaruddin the land of 'Ka' schedule was put to rent sale in execution of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife of T...... Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a benami deed in respect of the land of said 2 schedules in the name of his foster son Tofazzal Hossain..Category: Property Law | Date: | Hits: 67
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... for which Dhanmondi P. S. Case No. 42 dated 15.10.1997 was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......03 where the price of the property went up to Tk.5,26,00,000/- and on both the occasions the bids were rejected being inadequate and thereafter tender was invited for the 3rd time for auction sale of the property to be held on 20.11.2003 and on this date the price increased to Tk. 6,03,00,0......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......n in favour of plaintiff-respondent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been executed and registered should be cancelled and the land covered by such..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......,00,007 but in fact the market price of the land in suit is Tk. 100,000/-, that the plaintiff has never received any money in connection with the alleged kabala from the defendant Nos.1-5, that the deed was never acted upon and the said forged and fabricated kabala as has created cloud on pl..Category: Property Law | Date: | Hits: 35
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......r period of one year. 2. The appellant along with seven other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of......r further period of one year. 2. The appellant along with seven other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No..Category: Criminal Law | Date: | Hits: 31
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