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Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......kider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: .......3, would require for the purpose of burial of the dead body, and as to why denial of appellant No.3 to return that paper would cast doubt in her mind that they might killed her son. On this point, a question pinches us, whether there was any other dispute between the informant and appellant No.3, w..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ey should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......learned Sessions Judge, however, acquitted the accused Hilly alias Ashraful Islam Monir (absconding) and Masud having found them not guilty to the charge. The death of Md. Sayeed is not disputed. The question is whether the death occurred at the place, time and in the manner as given out by the pros..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......nquest over the dead body of Rahima Khatoon found 4 marks of injuries. According to the P.W.3, her death was due to the aforesaid injuries which were ante‑mortem and homicidal in nature. 12. The question is whether the accused appellant is guilty of alleged murder of victim Rahima Khatoon. In t..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....ions of section 37 and 39. If these three sections are read together carefully, the only meaning that appears to us to follow is that section 34 only gives the power to the Administrator to take over possession of any Waqf property. The procedure to be followed for doing so has been laid down in sec......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......refore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ed a written statement (Annexure‑'C') stating that the allegations brought against him are all false, concocted and malafide. He has been performing his duty honestly and diligently and there is no question of any breach of trust and mismanagement on his part. But the two relations of the Waqif ha..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......nst the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled land. The opposite Party subsequently filed the aforesaid execution case under order 21, rule 32 (1)......others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 DLR 207; Saleh Ah......tached and to be sold in open auction directed and guided by the court and the decree holder to be compensated, with Tk. 5000.00 for his loss and sufferings from the attached property.” The moot question, therefore, before me is whether the learned Munsif can pass such order under the provision..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....No.138 of 1985 on 18.8.85 against the defendant ‑petitioner in The 6th Court of Munsif, Dhaka valuing the suit as Tk. 6,000/‑ only praying for a declaration of 16 annas right, title, interest and possession in the suit land described in the schedule. The defendant‑petitioner received notice of......85 against the defendant ‑petitioner in The 6th Court of Munsif, Dhaka valuing the suit as Tk. 6,000/‑ only praying for a declaration of 16 annas right, title, interest and possession in the suit land described in the schedule. The defendant‑petitioner received notice of the suit, contested th...........Petitioner Vs. Taib Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-ru......r. 16. If it was the view of the learned Single Judge that the suit already instituted is barred under Order 23 rule 1(3) C.P.C. he would have accorded permission. 17. We do not see how the question of bar is relevant in the aforesaid Civil Order No.727 of 1986. We find that this question ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ion 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of......x Appellate Tribunal when the bonus claimed by the Assessee under section 10(2)(X) of the aforesaid Act is not allowable to him, as the assessee allegedly did not earn any profit, during the years in question. 5. It appears from the assessment order Annexures‑A series that the Deputy Commission..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......he case do not admit of any dispute. Plaintiffs who figured as opposite parties in Civil Rule brought a suit against the petitioner and others seeking declaration of their title in respect of certain land described in the schedule of the plaint. The suit was decreed on 23.9.89. On 1.10.89 an applica......n) Present: Syed Fazle Ahmed J Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurullah with......1.6.90 seeking condonation of delay of 104 days. This fact shows that how much negligent and careless the petitioner was in the matter of prosecuting the appeal. 17. In my view in the present case question raised is really vital to parties and is also of importance because it raises a question of..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....f the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession the defendants try to disposses the plaintiffs. Accordingly the plaintiffs instituted O......ioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for ...... Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in ......ted land on the basis of their lease as lessees from the Government. No doubt the petitioners were lessees under the Government with regard to the enemy property as lessees from year to year. Now the question is whether the petitioners who had limited interest as lessees only for certain limited per..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compromise between the plaintiff and the defendants, the suit was finally decreed on 25.11.64 and the parties got the land of their respective sahams by demarcation and posting of pillars. The plaintiff filed an applic......itioner Vs. Md. Suruj Mia and others... ………….Opposite Parties Judgment January 22, 1992. Lawyers Involved: Nowazish Ara Begum, Advocate ‑ For the Petitioner. Amir Hossain, Advocate ‑ For the Opposite Party Nos. 1‑3. Civil Revision No. 276 of 1984 (Comilla) and ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......s to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......Ashfaqul Islam, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corpor..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......e-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......se notice of the University Authority denying the allegation and the aforesaid charge brought against him in the said show cause notice. The petitioner stated in his reply that he wrote answer to the question of the Islamic History and Culture‑1st paper and Philosophy‑3rd paper in the script sit..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......he petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 decimals which is a part o......) Present: Abdul Hasib J Abdul Jalil Sheik………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Rev......r the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazill..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....resaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who subsequently sold the schedule land to his grand sons Abdul Gafur and Abdul Gaffar and put them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdu...... thus: Opposite party No.1 pre-emptor petitioner filed the pre‑emption case being Miscellaneous Case No.608 of 1979 in the Court of Munsif, 1st Court, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record o......ent: Syed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advocate ‑ For......med, Advocate ‑ For the Petitioner. Khademul Islam Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, ..Category: Property Law | Date: | Hits: 72
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......8.
......rials on record the same is not vague.
5. It appears from the submission of the learned Advocate both the parties that written statement in the suit has already been filed by the defendant and the question of maintainability of the suit has clearly been raised in the said written statement. None ..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......(three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......it anomalous situation that would crop up in view of conflicting claims against defendants 1‑4 and the Insurance Company, defendant No.5 who is not a party to the alleged equitable mortgage and the question of limitation as were raised by the defendant Nos.1‑4. The Court in its discretion may al..Category: Civil Law | Date: | Hits: 92
....bdus Samad Chowdhury and in the same sitting Md. Yunus Mia executed a deed of agreement to reconvey the land in question within three years to respondent No.2 and that the case land was always in the possession of Abdus Samad Choudhury and after his death, his heirs namely, the present Petitioners a......ed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land comprising an area of .50 decimals before the Upazila Revenue officer, Patiya, Chittagong again......he aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ahim Miah, the predecessor of respondent Nos.13 to 15 who was a close relation of said Abdus Samad Chowdhury and in the same sitting Md. Yunus Mia executed a deed of agreement to reconvey the land in question within three years to respondent No.2 and that the case land was always in the possession o..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....s Clause 4 provides that the defendant will be entitled to sub‑let the rented premises without any objection from the plaintiff and Clause 5 provides that defendant will be entitled to transfer his possession of the rented premises to any person with permission of the plaintiff who will admit such...... below also found that plaintiff failed to prove his bonafide requirement for the suit premises. 6. In the case reported in 31 DLR (AD) 55 an amount of Taka 19,200.00 was paid by the tenant to the landlord as advance to be adjusted against the rent and for that reason by adjusting the arrear rent......scharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......ited monthly rents upto June, 1994 with the House Rent Controller and he produced chalan depositing rents by the defendant with the House Rent Controller from June 1990 to June, 1994. So, there is no question of adjusting the arrear rent as the defendant has already deposited all rents with the Hous..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constitution. ..Category: Employment/Service Law | Date: | Hits: 173
....ew of section 20 of the State Acquisition and Tenancy Act, 1950. The owners made an endeavour for a certificate under section 20 (4) of the State Acquisition and Tenancy Act so that they could retain possession of the land beyond the prescribed limit for the purpose of large scale farming on co-oper......sion. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view of section 20 of the State Acquisition and Tenancy Act, 1950. The owners ......
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ing an order of status quo. This prayer was refused by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view..
Category: Procedural Law | Date: | Hits: 68
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