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Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......and Mehar Banu and a widow Hasan Banu Bibi; mat the suit property measuring 74 decimals with two rooms fell in the exclusive allotment of Ahmed Hossain by amicable family arrangement though sometimes rent was realized jointly; that Ahmed Hossain died leaving the defendant No.1 as his widow, defendan..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....ct are not applicable.
15. The reason why such opinion is taken in the case has been assigned and expressed in the following language:
Police Officers holding departmental enquiries are not expected to act like trained lawyers who can either decide whether the evidence adduced is in stria ......counsel have no right of audience and there are no effective means for testing by cross-examination the truth of the statements that may be made.”
It is further held:
“It is apparent and it is well settled by authority that the decision of such a tribunal cannot be attacked on ..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....erson in attendance though not summoned as a witness or recall or re‑examine any person in attendance though not summoned as a witness or recall and re‑examine any person already examined who are expected to be able to throw light in dispute because if judgments happen to be rendered on inchoate......used under section 342 CrPC more caution should be taken for exercising the discretion of the court. The facts and circumstances under which the observation was made in the above cited cases are different and distinguishable. In the aforesaid case the learned Magistrate not only recalled and re‑ex..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
....he objection as regards maintainability of the suit was raised, it was not discussed in details and in a very shortcut manner the learned Subordinate Judge disposed of this prayer which is not at all expected in a case like this. Further, the learned Subordinate Judge placed much reliance upon Exts.......which led the plaintiff to institute the present suit against defendant No.1 and others. The plaintiff prayed for compensation for US $ 1, 15,000.00 equivalent to Bangladesh Tk. 17,82,5000.00 on different official exchange rates and for schedule No.2 he claimed a compensation for Tk. 1, 49,285.00 wh..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......a and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent. During his peaceful possession as owner, some of the employees of the petitioner tried to encr..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......t Nos. 14 to 21. The said land was lying vacant and is situated far away from the houses of the landlords. The plaintiffs took settlement of the suit land from the landlords 49 years ago at an annual rental at the rate of half a maund of paddy per kedar. The plaintiffs, thereafter, reclaimed the sui..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......f Unnayan Parishad, requesting to pay an arrear of Land Development Tax of Taka 12,375.00 for the land covered by the Mill of the Plaintiffs for the year 1387‑88 BS. PW 1 has also proved payment of rent amounting to Taka 12,375.00 as per rent receipt Ext. 3 dated 3.4.82. In his evidence P.W.1 stat..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......No.1 Nazrul. Islam (Defendant No.1) as the monthly tenant and the petitioner No.2 Serajul Islam (Defendant No.2) as sub‑lessee. The suit had been valued at Taka 4,800.00 on the basis of the monthly rental of Taka 400.00. Before the defendants filed written statement the suit was transferred on 26...Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......hery he engaged guards and took up preparatory works towards development of the fishery by placing dal katta, bamboo posts, etc. at huge expenses for rearing and preserving fishes. When the next year rent was due for 1399 BS the petitioner filed an application before the Additional Deputy Commission..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......s a bonafide businessman running a printing press at Madaripur Town at holding No. 799, Puranbazar, Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Go..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......urn of its income and claimed deduction of Taka 1,21, 45, 475.00 as perquisite under section 10(4)(d) of the Income Tax Act, 1922 (hereinafter shall be called the Act) relating to expenses under different heads:
(1) Meal Allowances Taka 4,58,882.00 (2) Provident fund Taka 8,66,869.00 (3) Fringe..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......na Central Fishermen's Co‑operative Society Ltd. was added as a party.
3. The petitioner had taken lease of the Khaliajuri Group Fishery for the period from 1395 BS to 1397 BS at an annual rent of Tk. 14, 05,000.00. Almost a year thereafter respondent No.1 Secretary, Ministry of Land, Gov..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
...... worker with the entitlement to all the facilities available to a permanent worker of the Bank and, in fact, he has been given by the bank leave facilities, incentive bonus, festival bonus, and house rent and conveyance allowance which are available to a permanent worker of the Bank.
3. Despite..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ...... Suit No. 47 of 1986. The petitioner let out two shops as described in the schedule to the plaint (hereinafter referred to as "the suit premises") to the opposite party in 1966 at a monthly rental of Taka 50.00 and the rent was to be paid within 7 days of the next following month. The oppo..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......্য তাহাকে অনুরোধ করা হইল।”
In pursuance of the aforesaid order Annexure A(1) dated 21.1.89 the petitioner Society on 13.2.89 deposited Tk. 18,750.00 as rent for the said Jalmahal for the year 1396 BS by annexure B (Duplicate Carbon Receipt) dated 13.2...
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... of 63 ½ acres of land appertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria District Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....se were exhibited or not in the trial Court. The Attorney-General's Office, which looks after the litigations of the Republic, the single biggest litigant in the country, in the Supreme Court, is expected to follow the rules as to preparation of paper book meticulously so that it sets up a model...... of Ismail Hossain of 31 DLR (AD) 127, being both a case of reversion to substantive post, "substantially the same", Fazle Munim, CJ in delivering the majority opinion held "Yet a different conclusion must be reached by us . The case at hand". 23. After considering an unrepo..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... of defendant No.2 as a party respondent. 17. Before parting with the case it may be mentioned that the point involved in this appeal king so elementary and fundamental, the assistance which was expected from Mr. Moinul Huq appearing as Amicus Curiae was not sufficient. Since Mr. Moinul Huq has......ver and above finding that rule 4 does not apply when the non‑appealing plaintiff or defendant is not impleaded in the appeal. It is one thing to say that rule 4 does not apply and it is quite different to hold that the appeal has become non‑maintainable. To illustrate the point the Full Bench c..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... in such matters. But the same cannot be said in respect of the impugned judgment. It is common knowledge that our rural people while referring to time depend on approximation and it is not generally expected of them to be absolutely precise. Therefore, in assessing the time factor in a given case t......evidence causing a miscarriage of justice and whether the impugned judgment was in violation of any established principle of the administration of criminal justice. 14. The prosecution case apparently rests on the direct evidence given by PWs 2-5 and the Trial Court after examining all aspects..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......ng No. 5 Machua Bazar. It is also stated that after purchasing the above property the defendant No. 3 has mutated his name in the Revenue office as well as in the Municipality on payment of taxes and rents. Since purchase the defendant No. 3 has been in continuous possession and paying all rents and..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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