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Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......levant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no right, title and interest in the sui......eported in: 45 DLR (HCD) (1993) 517.......Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on th..Category: Procedural Law | Date: | Hits: 68
.... may, upon the application of the Administrator General or of any person interested in such assets, or in the due administration thereof forthwith direct the Administrator General to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the d...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......e.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......fficial Trustee and that this Court as principal civil Court of the District has got jurisdiction for making such an order under section 73 of the Trust Act of 1882, in the public interest.
6. The question whether the appellant No.2 is a reversionary heir of the settler of the trust and entitled ..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
...... against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
...... Respondent.
Application No.46 of 1985.
Judgment
AM Mahmudur Rahman J.- In this application under section 160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessmen..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... shown to have been executed by him in favour of the defendants, is fraudulent, inoperative, without consideration and for setting aside the said deed alleging that the plaintiff was the owner of the land as described in the schedule of the plaint. He was an old man of 90 years and he was suffering ...... This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... that since all the heirs of the deceased plaintiff are already on record and the defendant No. 4-petitioner filed application for transposition of his name in the category of the plaintiff, the question of abatement in the instant suit does not arise at all. In support of his submission M..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......licant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance......ecord be sent down at once. Ed. This Case is also Reported in: ......rties in the pre-emption case. 4. The learned Senior Assistant Judge, Sadar, Manikganj on consideration of the evidence on record allowed the pre-emption believing the date of knowledge of sale in question as claimed by the pre-emptor. 5. On appeal, Miscellaneous Appeal No.6 of 2007, the lear..Category: Property Law | Date: | Hits: 62
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1985 in the 1st Court Subordinate Judge, Dhaka for declaration of Title in respect of land measuring 672 ajutangshu at CS Plot No.101 of CS Khatian No.7337 under Mouza Shahar, PS Sutrap......n: 45 DLR (HCD) (1993) 509. ...... out surprise looking at these sorts of orders which discloses no basis or reasoning and is therefore, to be avoided but to no result. However, in considering the facts and circumstances and when the question of identity of the land over which the boundary wall is sought to be erected to be situated..Category: Property Law | Date: | Hits: 71
....bahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexure‑A to the petition). It was given delivery of the fishery on 30.6.90 vide writ of delivery of possession dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B......der obtained by fraud to stand. In the case of Muhammad Idris Khan Vs. Haji Erfanuddin reported in 9 DLR 601 it was held that the fact that an application for review of an ex parte order granting the landlord permission to sue the tenant for eviction was made beyond 30 days from the date of the orde......the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......eview under section 114 of the Code is available to the High Court in the exercise of these jurisdictions. The writ jurisdiction under Article 102 of the Constitution is an original jurisdiction. The question then arises as to whether the provisions of the Code of Civil Procedure other than the prov..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......ation Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......an J.- This Reference under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annull..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ent in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's land appertaining to CS Plot Nos. 1007, 545 and 238 of Mouza Kafrul and CS Plot Nos. 330, 332, 348, ......f our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....and measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Fazal Kabir Khan, who possessed the same in khas. While being the rightful owner-in-possession, Fazal Kabir Khan settled 14 drones of the land with Md. Putan by a registered patta date......assed by the Second Court of Subordinate Judge (now Joint District Judge), Chittagong in Partition Suit No.03 of 1969 decreeing the suit. 2. The case of the plaintiffs, in short, is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint origin......sed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......vision came to a definite finding that the plaintiffs were not made parties to Other Suit No.13 of 1951 and as such, they are not bound by the judgment and decree passed in that suit and as such, the question of res judicata does not arise. He further submits that though the High Court Division did ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......n Matter No.150 of 2005 was pending before this Division. This shows that appellant wanted to have a favourable order by-passing the legal procedure as stipulated in the Act as well as the law of the land. In view of the discussions made hereinbefore, the question as formulated in point No.III o......er as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......cord of FJSC, these being serious allegations of fraud committed on members for the purpose of section 193 of Companies Act, 1994, the Registrar did not commit any illegality in issuing the notice in question.” 7. Ms. OK Kyung Oh, appellant, appearing in person made submissions with reference t..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......d in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ow that he was not promoted to the post of Assistant Professor and that the actions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking ac..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......dgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......on(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007 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: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......of November, 1971 he went to Lahore for attending his party's central working committee meeting and on the 3rd of December, 1971 the petitioner was returning to Dhaka by plane but the plane could not land at Dhaka Airport because of the war and as such the plane at first landed at Colombo and as the......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... notification in the Official Gazette, specify in this behalf. 3. In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under Article 2 of this Order, the question shall be decided by the Government which decision shall be final. 4. The Government may,..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....hich was also dismissed by their Lordships of the Appellate Division on 23.6.78. 4. Thereafter the decree‑holder petitioners filed Title Execution Case No.5 of 1981 on 20.6.81 for restoration of possession of the suit land on the allegation that the Judgment‑debtors‑opposite‑parties in vi...... 3. The petitioners instituted Title Suit No.57 of 1968 on 14.3.68 in the 2nd Court of Munsif at Narayangonj for permanent injunction restraining the opposite‑parties from entering into the suit land and the suit was dismissed on contest on 31.5.1969 but on appeal, being Title Appeal No.196 of ......l be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......XXIX Rule 2(3) of the Code and he has referred to the case of State of Bihar Vs. Rani Sonabati Kumari reported in 1964 AIR (SC) 61 in support of his contention. 10. As has been mentioned above the question for determination is whether in the event of violation of a decree for prohibitory injuncti..Category: Civil Law | Date: | Hits: 100
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....his Division stands modified. 5. The petition filed by the review respondent Nos. 2 and 3 is also disposed of with direction upon the Review petitioners and the Review Respondent No. 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve t...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......l encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ecognized by insertion of section 561A in the Code by Act No. 18 of 1923. Be that as it may, after its insertion in the Code, section 561A has become an integral part thereof. It is not an isolated inland. It is very much a part and parcel of the Code. It goes without saying that as per section 26 o......section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......) and 47A of the Constitution; through the alleged proceedings of ICT-BD Miscellaneous Case No.1 of 2010 were unsuccessfully challenged in Writ Petition No. 6836 of 2010. 24. One of the most vital questions that have cropped up in this case is whether the Tribunal is subordinate to the High Court..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... comment on the merit of any candidate. 18. We may mention that the mode of appointing Chief Justices and Judges in the subcontinent have been inherited from the age old conventions followed in England, but the centuries-old convention of the appointment of Judges being made by the Lord Chancello......clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......seniority. By way of explanation he pointed out that all Judges of the Supreme Court, once appointed, carry the same weight and the judgments pronounced by them also carries equal weight. There is no question of any Judge being junior or less important than any other who is senior. Each Judge, inclu..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in respect of the land as described in the schedules to the notices issued to the Petitioners namely, 6.73 acres of la......he Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......ces of this case a thorough examination of the nature of the civil works intended to be under taken on the acquired land, the extent to which it furthers the objectives of the Co-operative Society in question, and promotes the interest of its members in providing accommodation to them. From the reco..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....sed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) exec......usly. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respon......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......he High Court Division cannot give such direction. 6. Mr. AFM Mesbahuddin, learned Counsel appearing on behalf of the petitioners in Civil Petition No.869 of 2011 contended that there are disputed questions of facts involved in this matter and the High Court Division acted illegally in directing ..Category: Property Law | Date: | Hits: 68
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