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.... suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor ......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January......ation of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor it was acted upon.
..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....he due to the respondent 1 and appellant and respondent 2 others were trying to draw their bills for construction works done by the appellant mentioned in the schedule 1 and also trying to sell their properties mentioned in schedule No.2 with a to defraud the creditor and to avoid the claim responde......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app......nd for the reason that the cheque was dishonoured. It is the common knowledge that a prudent businessman will never issue a cheque of which he has a knowledge that it will be dishonoured and call for legal action to injure his reputation or his business goodwill. Merely a solitary instance where a c..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
.... supervision were also approved by the Sub-Committee in a meeting held under his President ship which the ad-hoc Committee adopted at the request and demand of the members of the Bar Association in a properly called and attended General Meeting of the general members of the Bar held on 14‑9‑03 w......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......ant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of Dinajpur District Bar Association is illegal, void, without jurisdiction and not binding upon the plaintiffs and for permanent injunction r..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......inate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already t...... Rin Adalat resorted to the provision of section 476 of the Code of Criminal Procedure by filing a complaint against the opposite party before the learned Magistrate. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify in..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal i...... or the goods delivered which is the basis for the claim for compensation under section 70 must be voluntary. Cf. Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC 639. In view of the above legal position, the entire defence based on want of approval of the Hospital authority or beyond the..Category: Civil Law | Date: | Hits: 99
....are on 21.02.63 in favour of Bedora Begum alias Afsara Begum and others, who accepted the rent since 21.02.63 in respect of 0.1801 acre; that said Khan Bahadur Eklimur Raja applied for release of his property and the then Government of East Pakistan allowed his prayer and released 0.1801 acre of lan......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
......has come before this Court and obtained the present Rule.
8. Mr. Goutam Kumar Roy, the learned Deputy Attorney General appearing for the petitioner submits that the Court of appeal below acted illegally in dismissing the suit and affirming the judgment of the trial Court below without consideri..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....vered from the sea and multiple injuries were found in his dead body. It is the contention of the informant that the accused persons are very moneyed and powerful men who have been trying not to hold proper investigation of this case for which they have filed the present application at the instance ......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......08 accepting the Naraji petition and directing the RAB to investigate the case without examining the complaint on oath as per mandatory provision of section 200 of the Code of Criminal Procedure is illegal and as such the same is liable to be quashed. 15. Mr. AKM Shafiuddin, along with Mr. Md. Si..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
.... Rin Adalat, Khulna. The suit was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.......on (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Mollah Shabidul Islam…………………………………….....Petitioner Vs. Md. Monsur Rahman and others.......................Respondents Judgment January 3, 2005. Result: The Rule ......ion sale proceeding in execution of decree, if any 3rd party makes any claim as to the auction sold property or over the property to be auction sold and files an application as 3rd party claimant the legal obligation of the claimant is that he has to furnish a security to the extent of 25% of the de..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....ory for each state to take, to the highest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of proceeds of crime derived from offences or the property the value of which corresponds to that of such proceeds. 9. Further case of the petition......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......lished in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is of no legal effect and ultra vires of the Constitution. The petitioner No.1 is an Advocate of the Supre..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....convict-Âappellant does not appear to have carried marks of true dispensation of justice and decision reached by Petitioner Special Tribunal does not seem to have been rested on correct approach and proper assessment of evidences, materials and circumstances brought on record. 41. The inevitable......diction) Present: AK Badrul Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers I......o the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advanced, legal debate and aspect involved shall be addressed and taken into stock. 7. Gravamen against con..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....y since 05-04-2009, children are in custody to the plaintiff and there is no allegation against their welfare. It is true that in Muslim Law father if alive is the natural guardian of the persons and property of his minor child. He does not require an order of the Court to support his right to act a.....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and order dated 16-08-2009 passed by learned Additional Distr..Category: Family Law | Date: | Hits: 171
....ps from the yard. They also denied that they supplied 3500 MT scraps out of 7880 MT only.
10. When defendant Nos. 3 and 4 on 20‑7‑87 issued a notice upon the plaintiff for sale of all attached property hypothecated to the bank for realisation of Taka 97,59,001 the interest of the bank was ser.......
This Case is also Reported in: 56 DLR (2004) 530.
...... their said account. Plaintiffs had already a credit balance of Taka 1,44,87,474 in their account. But on 28‑5‑85 and 29‑5‑85 the bank debited Taka 3,03,37,212 from the account that is most illegally and without any authority debited the account Taka 40,77,980 in excess.
4. Further case o..
Category: Civil Law | Date: | Hits: 92
....ned in the Act or in the Rules framed thereunder the Board may by general or special order put a limit or condition on the exercise of such power and the performance of such duties as it may consider proper.
(2) VAT authorities shall perform all functions relating to determination and collection ......Court
High Court Division
(Special Original Jurisdiction)
Present:
KM Hasan J
Md. Tafazzul Islam J
Dr. Ahmed Husain……………Petitioner
Vs.
Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents
Judgment
November 12, 1997.
Re...... respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts, as stated in the petition, in short, are that the petitioner who is a..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....sition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or apportionment of said compensation among all the persons known or believed ..............Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant Attorne......son whose name does not appear in the award cannot make an application under section 28 of the Ordinance. 18. Section 43 of the Ordinance provides for indemnity and no suit or prosecution or other legal proceeding shall lie against any person for anything done in good faith under the Ordinance. W..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......This Case is also Reported in: 57 DLR (2005) 154.......0,000 and they already paid up more than 300 percent of said principal amount. Any further claim under those accounts would be barred under sections 46 and/or 47 of the Ain. But said IFIC Bank sent a legal notice on 18‑4‑04 to the plaintiffs demanding Taka 135,09,69,533.31 claiming due as on 31â..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....nd did not bind the company, and had not the effect of getting rid of the resolutions previously passed by the board. Under these circumstances I come to the conclusion that the applicants were never properly put on the list of members, and were entitled to have their names removed." In re Sly, S......(2005) 148. ......dent No.4 Rehan Hamid Chowdhury under Regulation 90 of Schedule-1 and ultimate approval of the transfer of shares to respondent Nos.4 to 7 by such reconstituted board were all without jurisdiction, illegal and void. 13. In support, first, he read paragraphs 307 and 308 of Halsbury Laws of England..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....kes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act or fails to record in the cash book any amount or misappropriates any money or retains any property of the society, the Registrar shall hold an enquiry in that regard. Clause (N) is relevant ......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio......harge against the petitioner under section 408 of the Penal Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the p..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
...., Noakhali in Miscellaneous Case No.39 of 2001 arising out of Miscellaneous Case No.5 of 1998 should not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The opposite parties Nos.1‑7 as pre‑emptors instituted Miscellaneous Case No.5 of ...... This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....an Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 193 7 Bom 382. 21. It has been held that an uncertain sum cannot be included in the word 'debt'. Thus, an uncertain right in an ascertained property cannot be the subject of assignment. But a claim for rent to fall due in future is an actio......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat...... as evidenced by Annexure 'A' to the application. It is stated that as soon as the aforesaid letter was received by the petitioner he approached the Accounts Section of the Association to collect all legal and arrear dues accrued to him at per terms and conditions of service. It is farther contended..Category: Employment/Service Law | Date: | Hits: 144
....people in electing their representatives in the national life. In Great Britain only in 1918, most men over the age of twenty-one secured the right to vote while the women got such right in 1928. The property requirement for a voter was finally removed only as late as in 1949 and a supervisory indep......rted in: 57 DLR (2005) 113.
......d by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 27, 31, 42, 118 and 147 of the Constit..
Category: Employment/Service Law | Date: | Hits: 99
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