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Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......espondents Nos.1-10 have filed a counter affidavit denying the allegations of the plaintiff and it has been stated, inter alia, that the Mohammadia Market Baboshayee Bahumukhi Sambaya Samity Ltd. is governed by the Co-operative Societies Ordinance, 1984 and the Rules framed thereunder in 1987 and th......intiffs and started creating all sorts of hindrance to the smooth functioning of the managing committee. The defendant Nos.1 to 10 in collusion with one another formed an unholy alliance to usurp the management of the samity by illegal means, despite such hindrance created by the defendants the plai..

Category: Administrative Law | Date: | Hits: 146

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....e pendency of the appeal the plaintiff opposite party No.1 filed an application on 18-2-1998 under Order 41 rule 27 read with section 151 CPC for sending the registered sale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed s......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...

Category: Procedural Law | Date: | Hits: 90

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....counts ought to have been accepted by the DCT under section 82 of the Ordinance. 9. Mr. Md. Abdur Rahim Bhuiyan, the learned Assistant Attorney-General, appearing for the respondent, on the other hand, submits that mere compliance with the provisions of section 36(3) of the Ordinance is not suff......arned Advocate further submits that provisions of claiming bad debt has not been followed by the assessee company but since there is huge numbers of defaulters of the assessee-applicant 2-1/2% of the overdue bad debts are deducted and this has been a long standing practice and in that view of the ma......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....e obliged to pursue a fresh arbitration, and the suit instituted in presence of the arbitration agreement is not maintainable. Hence, according to him, this appeal for fresh arbitration. On the other hand, Mr. Maksudur Rahman, opposing the submissions, submitted that when the objections were filed b......ed the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is a reputed and experienced contractor. He got the contract for construction of a barrage over river Manu known as Manu Barrage in the District of Moulvi Bazar. The contract was executed on ......unt of increase of the work had no basis. 17. PW 2 Md. Shamsur Rahman examined by the plaintiff was a Senior Engineer in the firm of the plaintiff and was in-charge of supervision of site plan and management of the work in question. He also corroborated the plaintiff and testified that the origin..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

....ntion to the fact that the transaction between the parties was a business transaction 3. Mr. Shahidul Islam, learned Advocate who appeared on behalf of the complainant opposite party, on the other hand, submits that the accused petitioner being ‘Beal’ of the complainant took delivery of 800 g...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..

Category: Criminal Law | Date: | Hits: 42

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

.... in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left side of the chest of the deceased, accused Dudu dealt a dagger blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places......ection of the hut as the land in which tin shed was erected belongs to the inform­ant and his brother Mohammad Ali, that P.W.1 and his brother protested against the forcible erection of the tin shed over their land and requested Abdus Samad Mondal to remove the structure and there­upon Abdus Samad......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..

Category: Criminal Law | Date: | Hits: 57

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... that "it is crystal clear from the deposition of P.W.1 as well as from the documents submitted by the plaintiff that they could not file a single piece of rent receipt of the suit land. On the other hand the defendant has filed several pieces of rent receipts and S.A. khatian stands in the name of ...... Ali died leaving behind plaintiff Nos.4-8 and pro-defendant Nos.13-15 as his surviving legal heirs. The plaintiffs have been hold­ing and possessing the suit land by paying the rent thereof to the government. The plaintiff are all almost illiterate and the) have no knowledge or experience about se...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...

Category: Property Law | Date: | Hits: 28

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....t family. The plaintiffs claimed that the 'Kha' schedule land was purchased by Keshob Lal Ghosh with the income of joint family belonging to Keshob Lal Ghosh and his other four brothers. On the other hand, the defendant stated that "Kha' scheduled property was the self acquired property of Keshob La......contested the case contending that inspite of the fact they got the suit filed by the plaintiffs out of malafide intention and they got no own­ership and possession in the 'Kha' sched­uled land for over 24 years since after Keshob Lal and others sold the same vide the bainapatra executed in 1969. ......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...

Category: Property Law | Date: | Hits: 29

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......ourt Division and other papers on record. 12. It appears that the Administrator of Waqf by order dated 03.05.1986 held that the present petitioner being a junior mem­ber cannot get any preference over the senior members for appointment as mutwalli and that order was not challenged by the present......alli its Member Secretary and Local Ward Chairman of Sulakbahar Ward, Mohammad Yusuf Chowdhury the petitioner and Abbas Uddin Chowdhury with a direction that the mutwalli would be responsible for the management of the Waqf Estate, submis­sion of accounts, payment of waqf contri­bution and other st..

Category: Trust/Waqf Law | Date: | Hits: 185

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....r the period ended 31.12.2001 on 15.03.2002 which shows that the Company suffered loss of a sum of TK. 29,75,850.00 (Taka twenty nine lac seventy five thousand eight hundred fifty only). On the other hand, the Company had to take huge amount of loans and credit facilities from various financial inst......s it appears in the said Particulars of Shareholders dated 15.04.2003. 7. It is stated in the application that the Company applied on 16.04.2000 to Ministry of Posts and Telecommunications of the Government of Bangladesh for a Licence as required under the Telegraph Act, 1885 for the Dhaka Zone. ......ions as laid down in Section 241 of the Companies Act, 1994; that the respon­dent No.1 Delwar H. Khan being 66% share holder of the pro-forma respondent No.2 company and having full control over the management of the said company ought not to have obtained loan of crores of taka from as many as eig..

Category: Company Law | Date: | Hits: 197

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....nstruction of the said house. But the High Court Division did not consider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, on the other hand, relied on the depositions given by the officials of the Tax Department and Ext. 12 which were ......at the respondent no. 1 concealed the FDRs worth Tk. 1.17 Crore is concerned, the High Court Division, on evidence, found that the appellant furnished various sources for his FDRs, which was not controverted by the prosecution, as such, held that the findings of the learned Special Judge in this res......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....is that may be created because of redundancy of the workers which may be caused by the possible closure of various industries due to their reckless failure to install the obligatory ETP. On the other hand, if we fail to act and act quickly to implement the provisions of Environmental laws meticulous......gment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....l V State of Rajasthan AIR 1988 Raj 2, V. Lakshmipathy Vs. State of Karnataka AIR 1992 Karnataka 57, Muniswamy Gowda Vs. State of Karnataka AIR 1998 Karnataka 281, Municipal Council, Ratlam V. Vardhichand, AIR 1980 SC 1622. Lawyers Involved: Ms. Syeda Rizwana Hasan with M. Iqbal Kabir, Advocat......tailed studies on environment and ecology and its wide-spread contributions in these fields earned its reputation and recognition both at home and abroad. 3. This rule was issued calling upon the Government of Bangladesh represented by the Secretary, Ministry of Industries and others to show caus......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....manbaria restored possession of the property to them and they were also directed to refund compensation money for the acquired land paid to them. Since then they have been in possession. On the other hand, the case of the respondent No.6 is that they made improvement of the acquired land by earth fi......ria-Companygonj High Way under the Act. The land of L.A. Case No.11/1958-1959 and the lands of L.A. Case No. 53/1962-1961 were decided to the requisitioned to be followed by acquisition according to Government's order dated 8th March 1968. Later the lands were acquired afresh in L.A. Case No.104/196......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and others, 19 DLR 677; Md. Sukur Ali Vs. Suresh Chandra Barmon and others, 4 BLD (AD) 219; Khorshed Ali and another Vs. Aftauddin and others, 47 DLR ......-7-1991. In the facts of the case, the alleged agreements of re-conveyances dated 21-7-1991 cannot be considered as contemporaneous documents to affect in any way the earlier executed sale deeds. Moreover, the pre-emptee opposite parties have not stated even one word either in their written objectio......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....lot No.110 of Mouza Tejkunipara and eastern boundary line of CS Plot No.935 of the same Mouza. (ii) to show the suit land on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with schedule to the Plaint. 4. Mr. Md. Abdur Rashid having been appointed Advocate C......acts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said suit......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....s by the lessor." 9. It was stated, that there was a complete meeting of the mind on identification of the suit land (as described in paragraph 2(b) supra) between the Government-lessor on the one hand and the lessees on the other hand and the Government-lessor delivered the identified piece of l......short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be null and void and for rectification of the con­veyance deed (under section 31 of t......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....e recommendation of the learned Chief Justice has been ignored illegally and this also offends the principle of Independence of Judiciary as enshrined in Article 116 of the Constitution. On the other hand, the learned Attorney-General submitted that the petitioners have no locus standi to file this ......urt Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafluddin J SN Goswami, Advocate and another……….Petitioners Vs. Government of the People's Republic of Bangladesh and others…………Respondents Judgment ...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....on in the Case of Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan reported in 50 DLR 147. 8. AS Md. Ramzan Khan, the learned Advocate appearing for the opposite parties, on the other hand, submits that there is no plea in the written objection that the Case land is not non agricultu......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..

Category: Property Law | Date: | Hits: 31

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

.... appellant i.e. the husband of his deceased daughter killed her by inflicting axe-blows on various parts of her body. While the convict appellant ran away from the place of occurrence PW 4 Sachindra Chandra Barman, a village police (Dafadar), caught hold of him with the help of others from his medic......d daughter and went to the house of the convict appellant along with his other family members and saw his deceased daughter lying dead inside the south facing north viti hut of the convict appellant covered by a bed sheet. He heard from the people present at the place of occurrence that the convict ......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..

Category: Criminal Law | Date: | Hits: 27