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Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....an-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said p......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A...... different approach, if not unique approach. 15. Further, once a property is released by government from the clutch of abandoned properties, it cannot even subsequently cancel the said release order as there is no such provisions either in PO No.16 of 1972 or in Ordinance 54 of 1985 allowing ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the ......: The Reference Application is allowed. Cases Referred to- Meher Nigar Vs. Commissioner of Taxes, (2000) 24 BTD 15; Hotel Samrat Vs. the Commissioner of Taxes, Dhaka, (2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and anothe......, learned Deputy Attorney-General submitted that on 25-5-97 the Deputy Commissioner of Taxes read the report of the Income Tax Inspector the authorized representative of the applicant, who signed the order as 'seen'. After reading and showing the report of the Inspector to the authorized representat..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ring on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed error of law in passing the impugned judgment discarding the Rule of evidence. The evi......73. ......sing the appeal and affirming those dated 15-6-1991 and 19-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, i..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... The learned Advocate firstly taken us through the so called sanction for lodging the FIR (Annexure-L) to the petitioner. On plain reading it appears that it is not a Sanction at all in true sense of law. This is nothing but a request letter which is an follows:- “দুর্নীতি দ......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T...... General Registered Case No.89 of 2007 and Metropolitan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of th..Category: Criminal Law | Date: | Hits: 156
....cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisi......gree.
Ed.
This Case is also Reported in:
......ovisions of section 12(c) of Antiquities Act, 1968 and article 24 of the Constitution of Bangladesh in case of construction work near Mohansthangor ancient monument and /or pass such other or further order or orders as this Court may deem fit and proper.”
2. Averments figured by the petitioner ..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....erating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more par...... Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is......g exclusion of his property on payment of highest amount as quoted in the auction. Getting no response, the petitioner moved this Court under article 102 of the Constitution, obtained the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the pre..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the people's awareness to guard against the violation of the Constitution and the rule of law. The petitioner seeks to impugned the Constitution (Thirteenth Amendment) Act, 1996 (Act No.1 of...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................96) (Annexure "A", "A1” to the petition) should not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that t..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....tution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: ......nk but, if the property is sold prior to filing of any suit in the Artha Rin Adalat under the Ain the petitioner borrower will not get any opportunity of settlement and negotiations for settlement in order to arrive at a compromise as provided under sections 21, 22, 23 and 24 of the Artha Rin Adalat..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... 4 bundles of clothes to room No.14 in which the heroin was hidden in the wooden frames inside the bundles and, as such, the conviction for the alleged possession of the heroin cannot be sustained in law. Mr. Huq further submits that in the absence of any evidence as to the content of the heroin exc......an J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with An......tion the accused was taken to their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unearth the chain of International Traffickers/Smugglers of Heroin. Upon the said forwardin..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....h property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, expres...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud...... Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgmen..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and another………………Respo...... and Order dated 19-5-82 passed by the High Court Division in Criminal Misc. Case No. 43 of 1982. Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order dated 19-5-82 of the High Court Division in Criminal Miscellaneous Case No.43 of 1982 affirmin..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....discharged. The significant point to remember is that the Court has been given no discretion in the matter. Another question which is to be remembered is that the Advocate General as the highest law officer of the State, as it then was, has been given a plenary power in the matter of withdrawal......his Case is also Reported in: 30 DLR (AD) (1978) 228. ......e Special Public Prosecutor filed a petition on 24.11.1976, praying for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in its writ jurisdiction challenging the jur..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....t is the rate of duty that should be paid. To bring such document within the fold of document purported to be a document of hypothecation is to adopt a process of reasoning which is not sanctioned by law nor the document itself allows such scope. It says that it is deed of mortgage, if it is, as it ......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm......n-Record - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgm..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i...... the Appellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgmen..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ......se is also Reported in: ......দয় অবগতির জন্য উপ-পরিচালক (টাষ্ক ফোর্স-৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 4..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....nterest accrued thereon, with a further direction upon the executing Court to hear the parties on such statement of account and to examine whether adjustment of the sale proceeds made by the bank was lawful and to pass necessary order as to liability of the petitioner on the loan account. The said o......gh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule...... for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.278..Category: Civil Law | Date: | Hits: 129
.... decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether the order of release dated 17-1-76 purported to be made under article 15(3) of 1972 (P.O.16/72) was lawful;
2. Whether the order dated 11-2-76 purporting to cancel an earlier order dated 27-1-75 m......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......udgments proposed to be delivered by my learned brothers D.C. Bhattacharya and F. Munim, JJ. I agree with my learned brother F. Munim, J.
Fazle Munim J. - This appeal is against the Judgment and order of a Bench of the High Court Division in Petition No.134 of 1976.
Facts of the case may sho..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....firmed by the High Court Division on March 9, 1982. 3. Being aggrieved, the appellant moved this Court and obtained leave to consider whether the notice period of six months as contemplated in the law for terminating a tenancy from year to year under section 106 of the Transfer of Property Act mu...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i......ral Tenancy Act was served upon the defendant-appellant. On appeal the case was sent back on remand against which the plaintiff-respondent filed a Second Miscellaneous Appeal. After setting aside the order of remand, the High Court Division directed the first appellate court to decide the appeal on ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....ot comply with the provisions section 17 (1) of the Small Causes Court Act, the miscellaneous case was not maintainable and the court which allowed it had assumed jurisdiction not vested in it by law. Its order was, therefore, a nullity. 3. Defendant-appellant who contested the suit stated th......esent FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J AK Murshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appe......1982. From the Judgment and Decree dated April 6, 1982 passed by the High Court Division in Second Appeal No. 177 of 1978. Judgment Fazle Munim CJ. - This appeal is against the judgment and order of the High Court Division passed in Second Appeal No. 177 of 1978 on April 6, 1982. 2. Pla..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....rit petitioner was waiting for approval of his Mutwalliship the respondent No.2 of the writ petition all on a sudden issued a letter vide Memo No.O: Pro: Dha: U: 239(6) dated 07.01.2003 violating the law and constituted a Managing Committee of 6 members making the respondent Nos.4 and 5 of the writ ......Case is also Reported in: ......e, (A.K.M. Zahirul Huq, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Civil Petition for Leave to Appeal No.1398 of 2003. (From the judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No.1350 of 2003). J..Category: Trust/Waqf Law | Date: | Hits: 148
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