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Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......and number. 2. Facts giving rise to this Rule may briefly be put thus: Plaintiff petitioner filed Title Suit No.113 of 1983 in the Upazila Munsif Court at Moheshpur for declaration of title to the land described in the schedule of the plaint. 3. Defendant Nos. 1‑5 who figured as opposite par......s………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain Sarwar Vs. Dayarant, SCMR 1975, page 179; Sabilri Bala Vs. Rohini Kanta M...... ABM Golam Majid, Advocate ‑ For the Petitioner. Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judg..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... Bhuiyan has referred this decision which rather supports the case of the appellant. 35. In Masit-un-Nissa V. Pathani, XXVI All 295, referred by Mr. Bhuiyan, the suit was brought to recover joint possession of a share in the property of a deceased Muslim, Wazir Muhammad Khan, who was alleged by ......is too late in the day to examine and reopen the findings of fact arrived at by the Courts below on a fresh assessment of the pleadings and the evidence by this Division. As the ultimate Court in the land, this Division, as a rule, should give due weight and consideration to the opinions of the cour......llowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......peal No.139 of 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions whic..Category: Family Law | Date: | Hits: 318
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......e appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ...... with the mala fide intention of cheating the appellant. Trial Court did not find that the accused had any initial intention of cheating the appellant at the time of receiving the amounts of money in question from the appellant. Court of appeal below noticed that the accused is an importer of motor ..Category: Criminal Law | Date: | Hits: 69
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....filing separate vokalatnama. The petitioners on 23.2.89 filed an application under Order 11, rule 15 CPC for inspection of documents referred to in the plaint. Those documents alleged to have been in possession of the plaintiff upon which the plaintiff relied for decree in the suit. The application ......ent of Order 7 rule 14 the present petitioners were unable to file written statement controverting the assertions made in the plaint. He submits that the petitioners did not accept the plaintiff as a landlord rather they have taken lease from Bazlur Rahman. Mr. Gafur submits that whether Bazlur Rahm......afur, Advocate ‑ For the Petitioners. Jagodish Chandra for L Gomej, Advocates - For the Opposite Parties. Civil Revision No. 316 of 1989. Judgment AM Mahmudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..Category: Property Law | Date: | Hits: 55
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......n the date of occurrence the deceased used to quarrel with her sister‑in‑law over Hamida’s children. She further stated that the deceased Shajeda had no children of her own. In reply to another question, she said that after hearing the sound of thumping of feet of the deceased she went into he..Category: Criminal Law | Date: | Hits: 51
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....e then referred to the grounds for detention at Annexure‑A1 and has submitted that the grounds are all vague. He has pointed out that though it is mentioned that there is specific information about possession of illegal arms by the detenu no arms were recovered from the possession of the detenu no......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......nnection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......itioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......a person in authority, in relation to the accused. To that effect he has relied in the case of Viran Wali Vs. State reported in AIR 1961 J & K 11. In that case it has been observed that: "The question as to who is person in authority does not seem to be free from difficulty. There is no doub..Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......uthority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......rting prohibited commodity. Adjudicating value of the vehicle is Taka 5,21,725.
3. The petitioner being aggrieved has therefore filed this Writ Petition stating that he has imported the vehicle in question under HS Code No. 87.03 and 87.04 of the Import Policy Order, 1995‑97 and the condition f..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......e two assessment years in question under the Double Taxation Agreement concluded between the Government of the People's Republic of Bangladesh and the Government of the United Kingdom and Northern Ireland. ITA No. 24 arising out of the assessment for the assessment year 85‑86 was determined by a d......tive and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......t, the Commissioner of Income Tax is the Respondent. In Reference Application No. 48 of 1995 the Commissioner of Taxes, Chittagong is the applicant and James Finlay Plc is the respondent. The central questions raised in all the three Applications are the same, whether, for the purpose of Income Tax,..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....ted that the appellant Mansur Fakir stabbed Pannu Fakir twice at his abdomen in quick succession. He could not say exactly on what day of 'Chaitra’ after death of his brother, the accused went into possession of the land of Plot No. 360, and he could not remember he stated so in the first informat......d of one year rigorous imprisonment. Both the sentences were ordered to run concurrently. 2. Prosecution case, in short, is that on 12‑9-Â1989, the informant sowed 'Mashkalai' in 26 decimals of land of Plot No. 440 appertaining to RS Khatian No. 170 of Mouza 'Sharbandia' and at the southwest o......ith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......Fakir stabbed Razzak Fakir none else joined him in the assault of Razzak Fakir. Similarly, when Mansur Fakir stabbed twice Pannu Fakir in quick succession no other accused joined him. 44. Now, the question is, whether other appellants could be held guilty under section 149 of the Penal Code in th..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
.... lease of his land for a period of 99 years. He then built the disputed house on the said land. Thereafter, SA Aziz died leaving widow Mrs. Khairunnessa Begum as his only heir, Mrs. Khairunnessa took possession of the disputed house and paid the entire premium of the house, the costs of the house an......ties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The case of the petitioner is that the land on which the disputed house stands had been originally acquired by one SA Aziz from the Governm......he nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......he disputed house, in the 'Ka' list of abandoned properties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The case of the petitioner is that the land on which the disputed house stands had b..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
.... late Parash Chandra Biswas and that conduct of the plaintiff in not applying for probate till the death of the widow of Parash and applying for probate for the entire properties though he was not in possession of all the properties and his explanation that he gave the lands of Parash to the defenda......dra Biswas who was a primary school teacher died leaving the plaintiff and defendant Nos. 3‑7 as cousin brother's sons. 3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from hi...... find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... 4 witnesses and produced and proved some documents in support of their respective case. Learned District Judge on consideration of the same held that it is extremely hard to believe that the will in question was executed by late Parash Chandra Biswas and that conduct of the plaintiff in not applyin..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......titute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......Petitioner. Abu Taher Chowdhury with Shah Md. Habibur Ral‑unan, Advocates ‑ For Respondent Nos. 3 to 12. Writ Petition No.2383 of 1990. Judgment Md. Abdul Jalil J.- This rule calls in question the appointment of a Special Type of Managing Committee for Uttar Kafrul High School situat..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......e been obtained before the institution or the suit under section 20(b) and in the reported case the High Court upheld the order under which the leave was given after the framing of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....he plaintiffs is that Kalim Palan by a registered deed of gift dated 16th Chaitra, 1326 BS Ext. 1 transferred his 4 annas share of the 'Ka' schedule properties to plaintiff Nos. 1 and 2 and delivered possession thereof to them and the plaintiff's are in possession of the same. Thereafter by another ......allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acres of land described in 'Ka' schedule of the plaint after amendment of the plaint on remand of the suit as......ee is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rintendent of Vested Property Authority office, deposed as P.W.2. He also stated that this property was taken over by the Government as vested property by VP Case No.9 of 1969 and the Government gave possession to the lease holders and Government was realising rent from the lessees. This evidence is...... will come to Tk. 20,000.00 per month. For compensation and mesne profits it will come to Tk. 21,60,000.00 from 2.3.77 to 2.3.85. The compensation and mesne profits for the vacant portion of the suit land measuring about 1 bigha and 1 katha will come to R. 42,00,000.00 @ Tk. 2 lakh per katha since t......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Rahman with Md. Zakir Hossain and Quazi Aulad Hossain, Advocates ‑ For A Plaintiff‑Appellant. Md. Shahidul Alam Chowdhur......of 1976 and in that title suit she got a decree and it was declared that the suit property cannot be treated and declared as an enemy property. It is also record that in the year 1969 the property in question was treated as enemy/vested property by the Vested Property Authority who leased out the sa..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....tion was prepared and the writ respondent No. 3 issued notice under section 7(3) of the Ordinance, which was served upon the affected persons to receive their award of compensation. After delivery of possession Writ Respondent No.5 Dr. Malik Mehdi Kabir and 2 others filed Writ Petition Nos.462, 529 ......ment International Islamic Organization providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and ...... is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......sion of law to be complied with by the requiring body before the acquiring authority proceeds for acquisition of the land if such acquisition is made not for public purposes of the Government but the question is when the compensation is to be deposited by the requiring body? As noticed above, there ..Category: Property Law | Date: | Hits: 93
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....e suit land and declaration of title cannot be passed in respect of vague and unspecÂified land. Apart from this material find, the trial Court found that the plaintiff could not prove his title and possession in the suit land. The finding of the trial Court was affirmed by the lower appellate Cour......r as plaintiff instituted Other Class Suit No.54 of 1992 in the Court of Assistant Judge, Gurudaspur, Natore impleading the opposite-parties as defendants praying for declaration of title to the suit land measuring an area of .32 decimals, as described in Schedule-'Gha' to the plaint out of .82 deci...... The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417...Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....he petition putting in a written objection contending that the relationship of landlords and tenant ceased to exist on the expiry of 31st day of May, 1994 and they asked the tenant to deliver vacant possession and the tenant having not done so, they filed Title Suit No.178 of 1994 for eviction and ......r permission to make deposit of the rent for the month of June, 1994. 3. The respondent as opposite parties resisted the petition putting in a written objection contending that the relationship of landlords and tenant ceased to exist on the expiry of 31st day of May, 1994 and they asked the tena......r leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......ntiff, filed the above suit praying for specific performance of contract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also executed a bainapatra on 03.05.1......is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
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