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S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....n ‘A’ scheduled of the plaint and also for delivery of khas possession of the property described in schedule ‘B’ of the plaint upon eviction of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any ......-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1599 of 2003). Judgment ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....f stay was also subsequently extended from time to time; then on 28.2.2007 the matter of extension stay came up for hearing before the High Court Division but since in the meantime Emergency was proclaimed in the country the hearing of the Rule was “stand over” but on 23.9.2008 the r......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009. (From the judgment and order dated 0......or the petitioner submits that the High Court Division without at all considering the facts and circumstances, the issues involved and also misconstruing the provisions of forfeiture of the earnest money in case of failure of the auction purchaser to deposit balance 75% amount within 10 days from..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......arch 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 pas......cca building standing thereon belonged to the petitioner No.1 and he, in terms of an agreement dated 10.11.2002, borrowed Tk.3,50,000.00 from him on condition that the petitioner No.1 would pay the money to him within 10.11.2003 failing which the petitioner No.1 would transfer the suit land alon..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....f plot No.533 covering an area of .0½ decimal and the above finding was not reversed by the lower appellate Court and in view of the above and further since the defendant petitioner did not claim any land from the land of plot No.533 the prayer for local investigation for the second time ......etitioner. Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1764 of 2007). Judgment &n......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h......w and order of the country, instead of providing and helping it's citizens getting justice, protected, rehabilitated and harboured the criminals by misusing the State machinery and the hard toiled money of the citizens illegally and without authority only to fulfill their personal interest and i..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... to try a person subject to Air Force Act who commits an offence while on active service is in the first instance with the Air Force Authorities and, as such, the accused has no option or right to claim trial by a particular forum. 508. The prosecution in the instant case examined 61 wit......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....e land described in the 'Kha' schedule of the plaint of the respective suits upon paying rent to the revenue department. It was also the plea of the defendants that the land of both the schedules claimed by the plaintiff is unspecified and unidentifiable. 6. The trial Court dismissed the suit...... to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the schedule 'Kha' attached to the plaint of the aforementioned respective suits and for mesne profit. 3. The plaintiff, Sitakunda Chandra Nath C......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....hy;gation Committee on 7-7-1982 and the Sangstha was advised not to make any further disbursement to Tapashee/Dockyard and to take steps to recover the disbursed amount. 8. The Sangstha claims a sum of Taka 68.46 lakh due upto 1-1-1983 the details of which are as follows: Princ......d 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sang......n of second-hand/reconditioned old engines for the said cargo vessels and called upon the Dockyard to effect payment of the amount already disbursed by the Sangstha along with the compensation money within 15 days. The Dockyard failed to take any step to repay the outstanding dues. The caus..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......he property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance ...... a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informed..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....the payment said to have been made on account of 'Zakat' if would not have been made, then the business of the petitioner would not have flourished. 16. I am of the view that the payment as claimed by the petitioner on the head of 'Zakat' on behalf of the depositors or account holders for......Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment &......he purpose of conducting its business is in the nature of allowable expenditure, that the payment of 'Zakat' by the petitioner attracts a significant number of depositors who invest their money with the belief and object that a portion of the profit of the bank will be contributed for t..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....r Lordships held, "Business transaction was going on between the complainant and the accused for a long time relating to supply of fish and the latter made payments of parts. A balance amount claimed by the complainant was not agreed on and the accused refused to pay it. This refusal to pa...... Magistrate), Moyeshkhali, Cox's Bazar should not be quashed. 2. Events leading to issuance of this Rule, in short, are that the opposite party No.2 as complainant filed C.R. Case No. 54 of 2004 before the court of Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against t......e complainant- opposite party No.2 and the accused petitioner. 10. It also appears that in the petition of complaint nothing has been mentioned that the accused petitioner has misappropriated the money but alleged that- “(৬) এমতাবস্থায় উপরোক্ত বিব..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....titioner. No notice of the said transfer in question was served upon the pre-emptor-opposite party No.1 and hence the case on making the statutory deposit. 3. The pre-emptee-purchaser resisted the claim of the pre-emptor contending, inter alia, that the pre-emptor has no locus standi to file the ......arail in Miscellaneous Appeal No. 34 of 2001 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite P......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... given a liberal contour, in this manner; “It appears to us that the question of locus standi does not involve the Court’s jurisdiction to hear a person but of the competency of the person to claim a hearing, so that the question is one of discretion which the Court exercises upon due consid......s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (......he idea of corrective justice comes down to us from Aristotle. Its principle is applicable in common law fields as torts and contracts. Distributive justice is justice in the distribution by state of money, honors and other things of value-requires distribution according to merit. Corrective justice..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....been fixed by Article 110 of schedule I of the Limitation Act at 3 years from the date it is due, the suit was to be filed within 3 years from the date of cause of action else a suit could be filed claiming arrear rent, if any, for three years preceding the date of filing of the suit and in view......efendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per month within 7 days of the month for which it is due for use and occupation of 2818 square feet in ground floor, 2818 square feet in......he defendant was dispossessed by the plaintiff from some portion of suit premises, as a result, his monthly rent was reduced to TK.18,664.00. The defendant also deposited TK.1,20,000.00 as security money to the plaintiff to be adjusted against the rent as per terms of the contract. The dispute b..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......ision in Writ Petition No.8488 of 2005). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 29.01.2007 passed by a Divisio......opposed by filing affidavit-in-opposition containing certain false statements in the affidavit-in-opposition but the High Court Division found that the allottees were paid the entire consideration money for their entire 60 acres of land and also paid TK.1,72,000.00 in excess for payment to the u..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......il Revision No. 2350 of 2002). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High ......75 will be deposited to the Court and on the same day TK.2,872.00 was deposited before the Court and permitted to deposit rest amount before the Court within one month and after depositing all the money obtained sale certificate but wrongly it was not mentioned that the defendant was a benamder ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
.... Knowing this, they limited the suspension to one great right, and left the rest to remain forever inviolable. But it is insisted that the safety of the country in time of war demands that this broad claim for martial law shall be sustained. If this were true it could be well said that a country, pr......Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....ption Case No. 32 of 1999 by the learned Assistant Judge, Gouripur, Mymensingh, allowing the pre-emption. 2. The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value togethe......dique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by...... within the knowledge as well as in presence of the pre-emptor, showing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within the knowledge of the pre-emptor. 3. The trial Court framed as many as ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ttornies of the petitioners and the petitioners are not in possession of the concerned lands on constructing houses therein; the documents submitted by the petitioners in support of their claims are fraudulent and collusive and procured through unfair and illegal means and the sig......ssain, Advocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed......said 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession of their plots from the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their respective ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....quired to be made to the creditors. Further, if payments to the creditors are stopped it would create a situation which may adversely affect the business of the Company. On the face of conflicting claims of the various parties the High Court Division held that the creditors should be paid certai...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 pass......ome have fallen under serious financial crises and few of them are women who are facing family trouble from their husbands and their family members are threatening them to leave them for investing money in purchasing plots which is relevant to be stated that as per terms of the Indenture C..Category: Business or Commercial Law | Date: | Hits: 199
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