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Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......nicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......Rastrio Sammani Bhata as Freedom Fighters after being listed in the list of Freedom Fighters published in the official gazette and enjoyed the said right for the last 32 years without interruption or question from any comer. In the afore state of the matter we are of the view of High Court Division ..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......erly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......int on the interpretation of section 28 of the Local Government Ordinance, 1976 (here­inafter referred to as the Ordinance) as the Tribunal refused to adjourn the proceeding of the Tribunal. On this question leave was granted in Civil Appeal No.112 of 1977 and this Court on considering the provisio..

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......62, and (2) whether the Munici­pality was competent to seek remedy by way of writ against the order of its Controlling Authority; (3) whether such levy under these two heads together with the tax on land and building and urban properly tax could ex­ceed the allowable 17% of the annual valua­tion ...... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For...... my learned brother KM Subhan J. to which I concur. Rahul Islam J.- I had the opportunity of going through a copy of the judgment propos­ed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to agree with the..

Category: Fiscal/Taxation Law | Date: | Hits: 156

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

...., Alam Mia, Awlad, Sham Mia, Chora Hossain surrounded Abdul Awal in the fish market. Mon Mia, Alam and Chora Hossain each had ramdao in their posses­sion, Awlad and Sham Mia each had kirich in their possession, Chootto Mia and Parvez each had local made LG in their possession. Mon Mia struck on the...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......dance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..

Category: Criminal Law | Date: | Hits: 122

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......ir Alam lodged an FIR with Lalbagh Police Station, Dhaka on 30.10.1999 against the present accused respondent Nos.1 to 3 and others alleging, inter alia, that the accused were the illegal occupant of land and property of Dayemi Daoyakhana and Sufi Nurullah Waqf Estate. That they did not submit the a......d 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......nal petition for leave to appeal. 6. We have heard Mr. Khurshid Alam Khan, the learned Advocate appeared for the petitioner. The learned Advocate has argued to the effect that the criminal case in question against the accused respon­dents and others was filed on behalf of the Dayemi Complex Bang..

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....evenue Officer, on receipt of the report of enquiry, amended the return inserting Plot No.561 in place of Plot No.544. After that, posses­sion was taken over from leasees by beat­ing drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of ......of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit land. The plaintiff’s case is that the suit land along with other land originally belonged to Kasi......pare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......o cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ...... learned Advocate for the petitioner in this subject matter, relied on the decision of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751 wherein similar question was posted and it was held that the provisions of one spe­cial law cannot over-rided the p..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......ake back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......connection we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held: "Since the date of receipt is a question of fact to be ascertained at the time of trial, non­disclosure of such fact in the complai..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....iminary inquiry about assets and liability, an Officer of the Anti-Corruption Commission found wealth statement of both the accused persons incor­rect. Rather the accused persons were found to be in possession of the properties disproportionate to their legal source of income. Accordingly, Mr. Md. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......dance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....ong including the Industrial Unit for a con­sideration to be paid in serveral instalments, out of which a part had already been paid. In accordance with the said agreement the appellant was put into possession of the assets and the Industrial Unit of Pakistani Com­pany at Chittagong. It appears th......the learned Judges of the High Court Division were correct in their view as to the right created under section 53A of the Transfer of Property Act. It is no doubt true that under the common law of England the right of a contracting party to an agreement for purchase of a pro­perty to remain in poss......ification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ted in the Government under the President's Order No.16 of 1972, that the Pakistani Company did never transfer its properties by any valid deed of transfer to the appellant and that the properties in question were abandoned pro­perties within the meaning of the President's Order No.16 of 1972. 4..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

....by some of the witnesses who were present and their evi­dence being practically unchallenged, the question was concluded by the finding of fact of the lower appellate Court that the appellant was in possession of the huts and the respondents forcibly entered into the huts. The learned Judge of the ......unsel appearing for the appellant submitted that in view of the evidence adduced by the prose­cution that late Kumud Behari Dutta, father of P.W.1, had been living for more than 40 years in the case land and the huts as tenants and thereafter as owner after his purchase from Nagendra and that the r...... of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......Judgment Ruhul Islam J.- This appeal by spe­cial leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case ..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......y to appear before the Board with relevant records and witnesses. Sub-rule (2) provides that the Board shall examine the records and witnesses produced before it and may ask for clarification and put questions to witnesses and examine. Sub-Rule (3) provides that if after such examination the Board f..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....he above mentioned order was passed. 3. On perusal of the judgment of the High Court Division it appears that it was contended, inter alia in the Writ petition that recovery of the pistol from the possession of the app­ellant was not proved beyond reasonable doubt and instead, of the pistol alle......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310....... Special Powers Act, 1974. He pleaded not guilty to the charge under section 19A(f) of the Arms Act. The appellant took the defence that he had been falsely implicated by the police and the pistol in question was not recovered from him. His further defence was that he was office Secre­tary of Srami..

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......nother………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1979. Result: The appeals are dismissed. Case Referred To- B.S.I. Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41. Lawyers Involved: S.R. Pal, Senior Advocate, with A.R. Yusuf, M. Zahir, Ad......minated. The Res­pondents are not engaged on monthly rated basis nor the Biman Corporation so contend­ed, and, therefore, this provision has no manner of application in the instant cases. 5. The question is whether the law of master and servant will come into play at all. The employees of the P..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....t of the judgment and order of a Division Bench of the High Court passed in Writ Petition No.536 of 1976 on May 25, 1977. 2. Facts of the case are that the appell­ant-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the District of Chi......nt-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the District of Chittagong. In settlement case Nos. 115, 117 and 186 of 1942-43. Kbila land measuring 625.74 acres appertaining to Khatian No.1/16 of Mouza Ramgarh within P.S. Fatikchari ......nd the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......lared the aforesaid land as abandoned land under Section 92 (1C) of the State Acquisition and Tenancy Act. A Miscellaneous Case No.2/72-73 was filed by the appellant-company claiming that the land in question was leased out to it who have been possessing the same on payment of rent. The appellant-co..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

.... appearance by filing affidavits-in-opposition and supplementary affidavits in opposition. The claim of the respondents is that the property did not belong to the Waqf Estate and the persons found in possession of the land at the relevant time were duly compen­sated in accordance with the provision......, Advocates (In all Writ Petitions)—For the Respondents-RAJUK. Writ Petitions No. 8065 of 2006 & 4116 of 2007. Judgment Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.......r, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ...... 8000, 4717, 5758, 7520, 5797. 5719, 7987, 7988, 7997, 7808, 7810, 5703, 5711, 7802, 7984 concerning in total 26.74 acres of land. 5. The claim of the petitioners in both cases is that the land in question belonged to the Ainuddin and Faizunnessa Waqf Estate which was created in the year 1864 and..

Category: Property Law | Date: | Hits: 106

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ptors, filed Miscellaneous Case No.2 of 1998 in the court of Assistant Judge, Jagannathpur, Sunamganj impleading this present petitioner and others as opposite parties seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, i......sult, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......d at the time of its transfer to the pre-emptee and the pre-emptee after his pur­chase constructed his dwelling house thereon. The High Court Division thus held that since at the time of transfer in question the case land was admittedly, agricultural land there is no bar in allowing the pre-emption..

Category: Property Law | Date: | Hits: 98

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....es on it. On interrogation, the petitioner disclosed his name as Hasanul Islam Hanif alias Galcuta Hanif. However, the petitioner could not show any valid paper for keeping the arms and bullet in his possession. Hence, the F.I.R was lodged against the petitioner under sections 19(A) and 19(f) of the......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ecord with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......tally failed to prove the recovery of the arms and bullet from the exclusive control and possession of the petitioner. Adverse presumption under section 114 (g) of the Evidence Act is, essentially, a question of fact which is for the Court to arrive at a decision. It appears to us that non-examinati..

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ing order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ধ্যে, ধারা ১১ এর বিধান সাপেক্ষে, আদালত বিচার কার্য সম্পন্ন করিবে৷ 14. Determination of the question, as to whether the time limit fixed in sub-section (3) of section 10 of the Ain is director..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

....ion Act, 2004 and section 109 of the Penal Code read with Rule 15 (gha) of Jaruri Khamata Bidhimala, 2007. 3. The prosecution case, in brief, is that appellant, his wife, sons and daughters are in possession of the properties disproportionate to their known sources of income. Accordingly, on 18.2......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156....... the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......ection (2) provides for post facto ratification of the acts done by the officers of the Commission during the period from 7.2.2007 to 24.2.2007, without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to..

Category: Criminal Law | Date: | Hits: 133