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Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....llage Dasani, within the PS Bagerhat, in the then District Khulna, now Bagerhat and his parents were also permanent residents of Bagerhat vis-a-vis, Bangladesh. He had got both moveable and immovable property at Bagerhat. The appellant went to India during the liberation war of Bangladesh for safety......CD) (2001) 496....... is that the plaintiff left this country in 1965 with his family members permanently. But he admits that after the liberation war, the plaintiff returned to this country and he was staying here but illegally and the defendant further pleaded that the plaintiff is a not a citizen of Bangladesh becaus..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....d in the SA Khatian in the names of the defendants 4 and 5 correctly. Defendant No.4 is Panchanan Pal and the defendant No. 5 is Santosh Kumar having migrated to India, the land was enlisted as enemy property. Defendant No.11 is in possession of the Suit land as lessee from the Government. 6. Pla......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv......e suit finding, inter alia, that it was not a mortgage and it was an out and out sale and the endorsement on the basis of which the land was returned as alleged by the plaintiffs, was not genuine and legal and also found that the land could not be reconveyed by mere endorsement referred above. 10..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the pl......2001) 481.......the suit property although was exempted and omitted from the list of the attached properties of Certificate Case Nos. 3 and 16, as referred above, by order dated 19-6-1958 (Exhibit 2) but later on, illegally the suit land was auction sold behind the back and knowledge of the plaintiffs and without i..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical......try made pipe-gun and two live cartridges had been recovered from his possession. Convict-appellant always used to keep arms in possession and by using those arms he committed terrorism and various illegal activities. Following the above commission of crime by convict-appellant Doublemooring Police ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....pel the Titas Gas to continue the supply of gas against the terms of the contract. That is not permissible. The law applicable in such cases is not so difficult to understand. As stated earlier, in a properly constituted suit the consumer has a right to an order of injunction, prohibitory or mandato......53 DLR (HCD) (2001) 471. ......the decision dated 11-8-99 of the Titas Gas to prepare gas bills on the basis of load of 26715.31 cubic meter per month at the pressure of 8 PSIG and that the bill dated 17 issued on such basis are illegal, unlawful and with an ulterior motive to harass the plaintiff and therefore, not binding upon ..Category: Civil Law | Date: | Hits: 151
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....viction and sentence and submitted that the sentence of death imposed upon the condemned prisoner and the sentences of imprisonment for life imposed upon other convict appellants were appropriate and proper as they committed murder of the deceased which was gruesome and diabolical. 10. Mr. Syed Z......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ......sain, the learned Advocate appeared for convict appellant, Syed Shafaet Hossain Lamu. The learned Advocates for the condemned prisoner and the other appellants submit that the appellants could not be legally convicted for the offence punishable under sections 302/34 of the Penal Code as the prosecut..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ......s and this point needs to be kept in mind by the income-tax authority while examining his matter on appeal which is pending but as to which we are not making any observation but only pointing out the legal position in this regard. 10. The learned Counsel further submits that Bangladesh signed a c..Category: Fiscal/Taxation Law | Date: | Hits: 98
.... should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Tr......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred......nexure-D) passed by the First Court of Settlement, Bangladesh Abandoned Buildings, Segun Bagicha, Dhaka in Case No.176 of 1987 (Ka-21-Gulshan Area, Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts lea..
Category: Property Law | Date: | Hits: 103
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....in 7 days of the receipt of the notice why the construction should not be stopped. The petitioner gave a reply on 1-11-98 to the said notice stating that the plan was approved by the respondent after proper verification and inquiry and the petitioner has already started constructing the building and...... High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abul Kashen (Md.) …………………Petitioner Vs. Chairman, RAJUK and others ……………………….Respondents. Judgment March 13, 2000. Lawyers Involv......ndents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is..Category: Property Law | Date: | Hits: 114
....e assessee was followed in the instant assessment year. In the instant case, the Deputy Commissioner of Taxes does not arrive at a finding that the income, profits and gains of the assessee cannot be properly reduced therefrom. It is, therefore, clear that the method of accounting regularly employed......Ed.
This case is also Reported in: 52 DLR (2000) 484.......ion for answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting employed and the accounts maintained by the applicant there was any legal scope for computing the income of the applicant by resorting to estimate?
(2) Whether on th..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....ourashava at the instance of the interested quarters sent his delimitation reports to the Ministry for its approval. The Ministry did not give the petitioners any opportunity to place their things in proper way. The respondent No.1 hurriedly made their arrangement at their own accord and subsequent ......his case is also Reported in: 52 DLR (2000) 471. ......-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ding in accordance with the sanctioned plan and transferring the entire spaces up to 10 floors to different organisations, besides the monetary involvement, the rights of the petitioners to enjoy the property is lawfully vested in them and those rights cannot be taken away with such bureaucratic fia......s case is also Reported in: 52 DLR (2000) 461. ......hin ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....aydul Hossain. It was about 10‑00/11‑00 AM. When he asked the police about the case of acid victim Hazera, they told him that they got information but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to ......so Reported in: 55 DLR (2003) 299. ......ough the newspaper report and believes such report, he may not require anything else to hang the person named in such report. But in the trial of a case in order to reach justice, the Court will need legal evidence. The presiding Judge of the said Adalat fell in serious error in not assessing the ev..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ion that in view of section 16(2) of the Defence of India Act which provided for presumption as to authenticity, the orders of1 detention in each of those cases must be taken ex facie regular and proper and that there was a heavy burden on the respondents to displace the said presumption. The im......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......peech in Liversidge Vs. Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify the detention by establishing the legality of its action according to the principles of English law has been adopted in the legal syst..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
.... Bibi, a son Sayed Ali and two daughters Elemjan Bibi and Halimon Bibi. Subsequently Pathani Bibi died leaving behind her aforesaid son and daughters. There was an amicable partition of the inherited property among Elemjan, Halimon and Sayed Ali. Syed Ali got 'Ga' schedule land measuring 2.07 acres ...... 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
....nce certificate in favour of the subsequently formed samity. Thereafter, a letter dated 5-11-97 was written from the Secretariat of the Prime Minister to the Secretary, Ministry of Social Welfare for proper inquiry and report on the objection raised by the review petitioner No. 1 ie the president of......his Case is also Reported in: 55 DLR (2003) 289.
......writ court. The review petitioners have filed affidavit-in-reply reitarating their stand that since they were deprived of the opportunity of being heard in the matter they could not place factual and legal points of their case before the writ court. As a result their interest has been seriously prej..
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......d. This Case is also Reported in: 55 DLR (2003) 273. ......8, 9, 10 and 11 statements Under section 164 Cr.P.C. of accused Sahabuddin Alam Kabiraj, Sharifuddin and Abdul Majid Sarder recorded by PW 16 Sudeb Sarker, Magistrate 1st Class. He frankly admits the legal position that confessional statement of any accused can be used as evidence against the maker ..Category: Criminal Law | Date: | Hits: 42
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....provement of public health as well as beyond the scope of Fundamental Principles of State Policy of the Constitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is f......রতিবাদীগনের বরাবর উক্ত করারোপ বাতিলের অনুরোধ করিয়া ১০.২.২০০৯ তারিখে একটি Demand of Justice নোটিশ জারী করেন (এ্যানেকচার-সি)। ......্দ্র এবং প্যাথলজিক্যাল ল্যাবরেটরী” inside the bracket of para 2 (K) of 2nd schedule of VAT Act, 1999, should not be declared void and illegal as being obstruction to the improvement of public health as well as beyond the scope of Fundam..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
.... No. 3518 of 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of del......ate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Pet......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....istrict Judge, Artha Rin Adalat and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petiti..........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others, 34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not ......original decree. But such an agreement between the decree holder and the judgment debtor to make a new arrangement for repayment by way of compromise in a pending execution proceeding was not without legal sanction and it was hardly of any substance if the repayment would cover a period exceeding 12..Category: Property Law | Date: | Hits: 91
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