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Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......min, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....r expert opinion.” 12. In reply to the contention of the learned Advocate for the petitioner, Abdul Hameed Chowdhury, the learned Advocate appearing on behalf of the plaintiff-opposite party has rightly placed his reliance upon the decision in the case of Abdul Matin Chowdhury Chapala Rani Sen ......nd decree dated 10-8-1992 passed by Mrs. Nazma Ara Sultana, District Judge, Brahmanbaria in Title Appeal No.40 of 1989 affirming those of the learned Subordinate Judge, Brahamanbaria passed in a suit for partition being Title Suit No.2 of 1982. The opposite party No. 1 as plaintiff filed the aforesa......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... to have inherited one-third of the suit properties which the defendant has denied. 7. Arifur Rahman, the learned Advocate appearing on behalf of the defendant-petitioner, submits that the learned trial Court did not duly consider the evidence on record and thereby arrived at a wrong finding that..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....a very precise and vivid judgment finding inter alia that the plaintiffs also could not prove the delivery of possession of the suit property by the defendant’s father to the plaintiff. Trial Court rightly and legally on the evidence both oral and documentary disbelieved the claim of the plaintiff......of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly, on 8th of Ashin, 1389 BS it was settled t......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......ed but after agreement the suit even has not been filed within 3 years from the date of death of Gouranga Chandra. The suit has been filed admittedly on 21-10-90 corresponding to 5-7-1397 BS. So, the trial Court rightly held that the suit is barred by limitation. 12. But the appellate Court ignor..Category: Property Law | Date: | Hits: 108
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......, lftekhar Ahmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companie...... been able to make out their prima facie case by pointing out various illegalities and irregularities committed by the respondents depriving the petitioners of the opportunity to participate in the affairs of the company and to obtain financial benefit by keeping the petitioners in dark and, as such......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......am Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......f the ACC Act, 2004 rend with section 109 of the Penal Code were taken against all of them. Then, the case record was transferred to the 4th Court of Special Judge at Sher-e-Bangla Nagar, Dhaka for trial. On 25-6-2008 the case record was received and renumbered as Special Case No.5 of 2008. The ca..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....interfered with." 10. Since the S.R.O. in question was in force on the date of opening of the letter of credit by the appellants within the full knowledge of the appellants the High Court Division rightly held that they are to be assessed with customs duty and Vat on the basis of such S.R.O. W......customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabrics. The respective writ-petitioners main contention are that they opened letters of credit for import of secondary quality Tyre cord fabrics and as such enhancement of customs duty directing ......r said notification No. 20 dated 02.02.1993 on the said goods is arbitrary inasmuch as the petitioner is entitled to pay duties and taxes on the said imported goods at a value which would reflect the fair price of the goods in the international market and not at a grossly inflated and arbitrarily de......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....judgment of the High Court Division and argues that admittedly the plaintiffs are not in possession of the suit lands and, therefore, the suit is not maintainable and that the High Court Division has rightly held that the suit as framed is not maintainable. 6. On consideration of the judgments ......-on-Record-For the Petitioners. Slasti Sarkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......No.12, on the other hand, narrated as to how the defendant Nos.1 and 4 and 3 & 21 acquired some lands out of the suit plots by purchase by deeds dated 23rd May, 1959 and 15th May, 1970. 4. The trial Court initially decreed the suit and allotted a saham of 1.18 acres of land in favour the plai..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petitioners......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......e Acquisition and Tenancy Act, 1950 and the decision reported in 31 DLR (AD) 323, which could not be placed before this court at the time of hearing of the leave petition. He further submits that the trial Court and the lower appellate Court on consideration of oral and documentary evidence having f..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....ed as enemy property; that the husband of the defendant No.1 also obtained a false lease in VP case No. 31 of 1978-79 narrating that the suit land was enlisted as enemy property which also created no right and title; that long after the filing of Other Suit No. 86 of 1990, the defendant No.1 Ayesha ......uit No. 212 of 1993 in decreeing the suit. 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession af......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......ritance, and that taking the advantage of the helpless condition of the defendant No. 1, Ayesha Khatun, the plaintiffs brought this suit on false grounds which is liable to be dismissed. 7. At the trial, the plaintiffs examined 3 (three) witnesses in support of their case. PW 1, Rabindra Chandra ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....er and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was performed by Dr M Shamsul Hussan (PW 5). He found one bruise in the right side of the neck including angle of the momdible. 5. Opinion was kept reserved for viscera ...... and revolting crime had been committed on 1-1-1997 in the house of husband Md. Kaloo at village Chhota Sheikh Hati, Police Station Kotwali, District Jessore. Rashida Khatoon, mother of Kohinur and informant, indicted Md. Kaloo, husband of her deceased daughter Kohinur Khatoon and killer of her daug......Sentence be executed in terms of the judgment. 19. Copy forwarded for information and necessary action to: a. Nari-o-Shishu Nirjatan Bishesh Adalat, Jessore; b. Secretary, Ministry of Home Affairs. Bangladesh Secretariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintend......ult Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was performed by Dr M Shamsul Hussan (P..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....s on the dead body of Judge Shahid Sohel Ahammed: (i) Multiple lacerated and burn like abrasion on face, upper limb, chest and abdomen of different sizes. (ii) One bruise cum lacerated wound on right forearm causing fracture both radius and ulna. (iii) Extensive lacerated wound on both lowe......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......ns namely, Bangla Bhai, Ataur Rahman Sunny and co-accused Sultan, pleaded not guilty, and the 4(four) others pleaded guilty to the charge, Convict Arif having remained in abscondence did not face the trial. All the 6 condemned prisoners were present during trial, but refused to engage any lawyer to ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....tt, 2 pipe guns one of which was 20" in length while the other was 16" in length. 14 rounds of live cartridges, 3 sets of uniform used by the police, one shirt displaying the badge of Havilder on its right sleeve, 2 police waist belts. Then he seized the said bags and the incriminating articles. On ......e judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet in Special Tribunal Case No. 212 of 2000 convicting the jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there u......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......of Criminal Procedure under the heading "OFFENCES AGAINST OTHER LAWS", Special Powers Act, 1974 does not fall within the category of "other laws". It is a special law providing special procedures for trial of offences created under it and offences made triable under it in terms of section 26 of the ..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......o. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of 2001 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Lakshmipur for confirmation of the sentence of death imposed upon the condemned prisoners (1) Md. Ibrahim, (2) ......rport and scheme of the Criminal jurisprudence in that respect. 21. In the case of Tara Singh Vs. State reported in AIR 1951 (SC) 441 it was held— "The importance of observing faithfully and fairly the provisions of section 342 cannot be too strongly stressed. It is not a proper compliance ......t the condemned prisoners under sections 448/302/34 of the Penal Code. Subsequently, the case record was transmitted to the court of Sessions Judge, Lakshmipur who after framing charge and holding trial convicted and sentenced the condemned prisoners as aforesaid. 4. The defence case of the co..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....harer in the holding while the appellants strangers; the application for pre-emption was not barred by limitation and not bad for defect of parties; the appellants failed to prove their case that the right of pre-emption was barred by principles of waiver and acquiescence and the order dated 16-10-7...... No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA K......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......hich the pre-emptor already disposed of all his shares by transfer. No attempt was however taken by them to prove any of the documents; none of documents was tendered and marked Exhibit. Accordingly, trial Court had to exclude them from consideration, after examination of tile record, we also could ..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....ame day, or on such earliest day as may be reasonable having regard to the distance at which the other Court is located." 11. As a general rule, a plaintiff as arbiter litis or dominus litis has a right to choose his own forum where there is more than one Court in which the suit can be filed. But......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition...... (vii) Prejudice of a Judge against party's pleader not likely to affect the party (viii) Judge making adverse remarks regarding merits of the case; (ix) Allegation of apprehension against fair trial without furnishing particulars (x) One Counsel losing temper and using unparliamentar......sire to be heard, or of its own motion without such notice, the High Court Division or the District Court may, at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal of any Court subordinate to it and competent to try or dispose of the same, or ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....s upon the usage of the Prophet. If that also fails, then one should follow Ijma and finally, his own reasoning. 15. Under the Mohammedan Law, marriage is a civil contract and not a sacrament. The rights and obligations are created immediately on contract of marriage. Even after divorce, namely c......in Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The ca......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......udge, Martikganj, in Family Appeal No. 8 of 1993 affirmed the judgment and decree of the Family Court passed in Family Suit No. 11 of 1990. As such, the present suit is liable to be set aside. At the trial, the plaintiff examined 1 witness named Feroza Afroz, who is the mother of the plaintiff, and ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....Shajneen for preparation of inquest report by the police. She found a number of injuries on different parts of Shajneen's body including belly, back, chest, thigh, breast, and also found semen on the right thigh and on the injured genital part. She attested the inquest report by putting her signatur......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al......O House. However the disclosure of the bathroom incident was delayed. Because, after arrival from India, Shajneen's mother became ill and her father, an industrialist, became busy with his business affairs. So the elder sisters and their husbands decided to disclose the bathroom incident to their pa......parents arrived and took Shajneen to the PO House. However the disclosure of the bathroom incident was delayed. Because, after arrival from India, Shajneen's mother became ill and her father, an industrialist, became busy with his business affairs. So the elder sisters and their husbands decided to ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... void and not binding upon the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 201, 202 measuring an area 1.83 acres of land except tenanted land belong......ee dated 19-7-1999 passed by the Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-19......eposited the government dues and that present RS and SA khatians were correctly prepared; that the alleged auction purchase is legal and acted upon and the disputed order of Kha schedule is legal and fair; that the claim and cause of action of the plaintiffs is false, and that solenama filed by the ......the plaintiffs is false, and that solenama filed by the plaintiffs and defendant Nos. 1-3, 8, 9, 11 to 13 was collusive and fraudulent and, as such, the suit is liable to be dismissed. 11. At the trial, the plaintiffs examined one witness in support of his case. PW 1 Aklima Begum is the plaintif..Category: Property Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....thout pinpointing any specific defect and without finding any error of entry in the books of accounts and without giving an opportunity to the appellant for rebuttal? (iv) Whether the Tribunal was right in not giving direction that the allowances and benefit paid to the employees in cash or as pe......n carrying on its business of manufacturing, processing and marketing their own medicines and was assessed to tax under the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance, 1984) for the assessment year 1995-96 by the DCT upon a total income of Taka 2,84,52,550 against disclosed......rtered Accountant in compliance with the provision of section 35 of the Income Tax Ordinance, 1984 can be rejected when the Chartered Accountant had certified the petitioner's accounts to be true and fair as per statute? (ii) Whether the accounts duly audited and certified by the Chartered Accoun......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
.... the learned Assistant Attorney-General appearing on behalf of the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by......r namely, accused Hani alias Habibur Rahman under sections 395 & 397 of the Penal Code and sentencing the accused-appellant No. 1 and accused Habi @ Habibur Rahman to suffer rigorous imprisonment for four years each with a fine of Taka 2,000 in default to suffer rigorous imprisonment for three m......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......rials on record framed charge under sections 395. 397 of the Penal Code against all the accused and read it over to them on dock to which they pleaded not guilty and claimed to be tried. In course of trial the prosecution examined seven witnesses and the defence examined none. After close of the pro..Category: Criminal Law | Date: | Hits: 52
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