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Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......ce of the Dacca Improvement Trust on May 31, 1962 and the same was finally acquired on February 14, 1965. A sum of Taka 3,42,374,69 was assessed as compensation and the respondent withdrew the said amount. On reference to the Arbitrator by the respondent the Arbitrator by his judgment dated Sept......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......s not included therein, which amounted to Rs. 1,30,000/-. The last paragraph of this letter may be produced:
“Now under the Martial Law Regulation, I submit sincerely and honestly that if the amount with my wives and children grown as reserve which I give below is declarable and taxable, i......er of the Income Tax Officer, Sylhet, of the 1st April, 1952, his capital, which he had brought from Shillong, India to Sylhet was shown as Rs. 5,00,000/- only. He explained that he had been giving money from time to time to his wives and children who were in West Pakistan and East Pakistan and th..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......posit was made within time and accordingly discharged the Rule. 9. It appears that the kabala in question was registered under section 60 of the Registration Act on 23.08.1979 and the amount of Tk. 2200/- being amount of consideration money along with compensation was deposite......onsideration of the evidence on record found that the pre-emptor is a co-sharer by purchase and the pre-emptee is a stranger purchaser in the case holding but held that the deposit of consideration money along with compensation was not made within time and accordingly disallowed the prayer for p..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up the ditch out of his own fund at a huge amount of money and constructed house in some portion of the filled up ditch and started living the......nt of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up the ditch out of his own fund at a huge amount of money and constructed house in some portion of the filled up ditch and started living there with hi..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ...... 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003 the petitioner deposited the loan amount to the authority concerned and thereby ceased to be a defaulter but on scrutiny by the retur......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......f the Madrasha, they identified the same to the accused Absar, Abu Taher, Razu and Badal who were on board the vehicle. 18. P.W.7 Abul Kalam stated that kidnappers had demanded a huge amount of money by way of ransom over telephone for the release of the victim. 19. P.W......ahar @ Morzina Begum, a relation of accused Liakat Ali. The further case of the prosecution is that these two minor boys were confined in the custody of accused and accused persons demanded ransom money of Tk. 10, 00,000/- from the informant, father of the victim Sohel over telephone. The other ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... and injury, the High Court Division held that the plaintiff could not adduce reliable and cogent evidence and the witnesses examined are all interested persons and accordingly refused to award any amount as compensation. The High Court Division accordingly allowed part decree for Tk. 1,70,000/- ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......and in his favour by a registered Deed of Relinquishment; similarly his sister, the plaintiff No.1, and his another sister Majida Akhter Khatun, the predecessor of plaintiff Nos. 2-8, by accepting money also relinquished their claims in the suit property in his favour; since another sister Jobed..Category: Property Law | Date: | Hits: 33
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... in the plaint and stating, inter alia, that the plaintiff used to live with her son Amjad Hossain and he sold some of his property as well as the property of the plaintiff and he appropriated the money got upon selling plaintiff's land. The said conduct of her son Amjad annoyed the plaintiff, t..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......he purpose of hindering justice" and, as Such, we should not give such a restricted interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justic......dated May 7, 1941 purchased 1 decimal of land from Rahim Boksha Bepari and his brother, that although CS record was prepared in the name of Rahim Boksha Bepari but as the land was acquired with the money of Rahim Boksha's brother, as such Rahim Boksha Bepari and his brother executed the deed in ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....recepts but are not laws to be binding upon the State." 41. In the case of CB Boarding and Lodging vs Mysore reported in AIR 1970 SC 2042 it has been held that it did not see any conflict on the whole between fundamental rights and the principles of State policy. 42. In interpreting the vari......hich inevitably go to those who enjoy a close relationship with a party loyalist or a party boss. Therefore, this system discourages true political empowerment or leadership amongst women which tantamount to degrading treatment towards them. That in the above circumstances, it does not encourage t......tic reasons may also explain Fortson: Georgia already had two primaries, one general election and still failed to choose a governor. Justice Black argued that "Statewide elections cost time and money and it is not strange that Georgia's people decided to avoid repeated elections". In any ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......fendants for execution and registration of any deed as regard the land of Abdur Rashid. 5. It may be mentioned that Abdur Rashid was a quite solvent man and he had no necessity of collecting money by selling the land which he had after making gift of 50 decimals of land to the plaintiff. ..Category: Property Law | Date: | Hits: 26
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ution of Title Execution Case No. 6 of 1998, but the accused petitioner along with some others resisted him to execute the process and they even tore off the process of the court and snatched away money from his pocket and also assaulted him and then the local people informed the police and the ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....otice to the effect that since the said two concerns belonged to the Company and the assets and liabilities of the said two concerns could not be separated, it was necessary to obtain bids for the whole at a time and the date of submission of bid was extended upto 12th June, 1976. That the profo...... would be registered and that the seller would be entitled to a penal interest @ 3% per annum in addition to the 8% per annum on the instalments and also to recover defaulted installments or unpaid amount under the provisions of the Public Demands Recovery Act, 1913. The schedule annexed to the ...... its own property althrough and when the company and its assets were taken over as abandoned property; the respondent No.1 also dealt with the property as the company's property and spent company's money thereon. The contention of the principal defendant (hereinafter referred to as "respond..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....petitioner (in Civil Petition No. 207 of 1988), addressed the Court on the effect of the Constitution (Eighth Amendment Act, 1988) which has substituted the original Article 100 by a new Article. The whole argument of Dr. Hossain is that the Constitution contemplates a superior Court, namely, Supr......ces 'Sessions' were functioning under old dispensation. This amendment was done under Article 142 and the power is so wide that the Parliament can amend any provision of the Constitution even if it amounts to affect the basic structure of the Constitution. It was submitted that such territorial ar......Parliament, supreme over other courts. But it did not follow that its law-making competence was unlimited or unrivalled,"(page 69). 197. The Bill of Rights 1689 laid it down that the raising of money for the use of the Crown by pretence of prerogative was unlawful. It further declared that t..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......nuary 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction..Category: Criminal Law | Date: | Hits: 44
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......f the loan agreement contained in the sanction letter and/or change the rate of interest and monthly repayment instalment and have no right to demand payment of interest at any rate higher than the amount specified in the sanction letter; (c) that it be further declared that the Circular No.MF-...... other things, to execute a mortgage deed. 16. Now what is a mortgage deed? Section 2 (17) Stamp Act defines "mortgage-deed" which includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan or an existing or future debt, or the purpose of an..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135.......12.83. Secondly, in his letter the respondent advised the tenant for renewal of the tenancy on "fresh terms and conditions." He has given in a subsequent letter the reason for demand of the high amount of rent mentioning that the tenant was consuming water for commercial purposes to run her res...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....ertain instructions which are meant to be observed and followed. It has been insisted in the instructions that when an adverse remark is made in the confidential report of any officer a copy of the whole report should be furnished to him at the earliest opportunity and in any case within one mon......rovisions and practice. An impression was sought to be given that the selection board was constituted by the Government and any meeting there of without the representative of the Government would amount to a violation of Government direction. Bui it will be seen (vide Anx. 'C lo affidavit-in-o......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......of his (Plaintiff No. 1’s) daughters (defendants 1 and 2) was fraudulent, void, illegal and not binding upon the plaintiffs. 3. Plaintiffs' case was that plaintiff No. 1 being in need of money decided to mortgage. 20 decimals of land to defendant Nos. 3 and 4 (his son-in-laws) for a con..Category: Property Law | Date: | Hits: 33
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