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Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
.....5 subsequently on 14-7-1982 sold 0.24½ acres of land to Hanif Ali Biswas, the defendant No.4 (the son of Nabu Ali Biswas) although he never acquired any right, title or possession in respect of the properties mentioned in the deed of gift, that before selling of the suit land, the defendant No.3 b...... This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial C......d 22-3-1975 made by the defendant No.3 in favour of defendant No.5, that the said deed was genuine and acted upon, that the registered deed of canceling dated 11-11-1982 by the defendant No.3 was not legal and valid, consequently by the Kabala registered on 11-11-1982 by him, the plaintiff did not a..Category: Property Law | Date: | Hits: 72
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... in: 51 DLR (HCD) (1999) 43.......he charges framed against the accused persons. 4. Two contentions have been advanced on behalf of the informant-petitioner which are: (i) The learned Additional Sessions Judge committed gross illegality in acquitting the accused-opposite parties in completely ignoring the Exhibit-2, the extra-..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....zbag PS Case No. 20(3) of 1990 now pending in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up a......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen......ng of section 21 of the Penal Code. Ajit Kumar Biswas, Mizanur Rahman, Abdul Matin, Abdul Hadi, Enamul Sarwar @ Abdul Mannan, Sub-Inspector of Police without an order of Magistrate, 1st Class, most illegally investigated the case and Mr. Abdul Mannan Sub-Inspector of Police submitted charge-sheet on..Category: Criminal Law | Date: | Hits: 62
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... the BSTI has got a list of articles for which standard (BDS) have been fixed and the BSTI is under responsibility to see whether commodities, having those standards and obtained licence from it, are properly maintaining the same, and for determining standard of an article, the Government used to se...... also Reported in: 9 BLC (2004) 601. ......ted by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without authority and of no legal effect. 2. The case of the petitioners, in short, is that, (a) the petitioner No. 1 is a..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....the cousin Jogesh and Jogesh died leaving behind wife Shovarani, the proforma respondent No.4, and another daughter; while in possession of the suit land, the proforma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the own......aya Rani Saha................Petitioner (In Civil Petition No. 1498-1499 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & ...... Dhaka Gazette dated 4.12.1965, We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision in both the Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......tin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dijalal Majumder........................Petitioner Vs. Munshi Bodiul Alam and others .............Respondents Judgment July 15, 2010. Lawyers Involved: Ibrahim Kh...... collusion with the defendant No. 2 and managed to obtain an ex parte decree dated 20.09.1978 declaring title of the suit land in favour of the defendant No.1 and that coming to know about the said illegally obtained and fraudulent decree in the month of Falgun 1394 B.S., when the defendant tried to..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....0 years which start from 1993 not before that. We find learned Judge perfectly and rightly dismissed the suit. 10. On the question whether the learned Judge could direct the Government to sell the property to the plaintiffs. We are of the view that law does not permit to the learned Judge to dire......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others...................10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of 'Ka' schedule land of the plaint if is illegal, collusive and not binding upon the plaintiffs. 3. Facts relevant for the purpose of the di..Category: Property Law | Date: | Hits: 58
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......t, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from hous......nt. As such, a previous sanction of the Government is required under section 197 of the Code of Criminal Procedure before commencing any criminal prosecution against the petitioner. That being the legal position the Order dated 28-9-92 of the Additional Sessions Judge was wrong and such taking of..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....g of sections 25(7), 30 and 30A together is that the levy of duty on the basis of tariff value giving go-by to the scheme and the rate as shown in the invoice by the exporter has been levied legally, properly and with lawful authority. Mr. Hasan Ariff contends also that other provision of law provid......h Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasan Ari......he consignment the petitioner through its clearing agent submitted bill of entry and certificate of registration for assessment of duties on the basis of invoice value. But respondent 2, appraiser, illegally and arbitrarily directed to assess the duties and charges on the basis of tariff value. 3..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment Novem......Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without deposition of 25% of the deccretal amount was illegal and without lawful authority. 7. He also submitted that the plaint in the mortgage suit wit..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... No.3 (Annexure-H) shall not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. “Pending hearing of the Rule, let the order for payment of suspension allowance be give...... made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before th......to show cause as to why the Memo No. Shanstha/214/8/A-8/2004 dated 27.6.2006 issued by respondent No.3 (Annexure-H) shall not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....lications for appointment of the doctor. Ultimately they came back from Natore without consulting the doctor. In mid-Jyoshtha, 1387 B.S the plaintiff asked her brother for partition of their paternal property, when her brother disclosed that she had transferred her entire share to him by a registere......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved......urt Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment Jan..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Rin Adalat No.3, Dhaka in Artha Execution Case No. 131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......t the Artha Rin Adalat Ain is a special law and the provision of the Code of Civil Procedure is not applicable in a suit/proceedings under the Ain and that the executing Court has not committed any illegality in rejecting the petitioner’s application. 7. Mr. Shah Md. Munir Sharif, the learned A..Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....of the Narcotics Control Directorate at Jessore constable from constable Harun-or-Rashid. In the parcel, 100 ml of liquid was in a glass bottle. He held the chemical examination. The bottle was found properly sealed and signed. He also identified his signature. He found Chlorpheniramine Maleate and ......iminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 199...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....ka (East) Zone, Dhaka to examine and consider the loan certificate give by Dr. MM Zaman and do the needful as per law or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that, petitioner as an Income Tax assessee under the Companies Ci...... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Nurul Islam J Maliha Banu……………………. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad......7550-7552 dated 6-6-1990 (Annexure-C to the petition) of the office of the Commissioner of Taxes Dhaka (East) Zone. Dhaka should not be declared to have been passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of Taxes, Companies. Circle-11,..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....nt. 6. It appears that the respondent Nos. 4 and 5 ultimately submitted themselves to the mercy of the Court unconditionally though not at their first appearance and it appeared that they were not properly advised by their learned advocates as to the contempt proceeding procedure. The respondent ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others......my learned brother Justice Surendra Kumar Sinha. Md. Muzammel Hossain,J.- I agree with the judgment of my learned brother Justice Surendra Kumar Sinha. Surendra Kumar Sinha J.- Contempt, in the legal acceptability of the term, primarily signifies disrespect to that which is entitled to legal r..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
.... are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plai......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ......ed Subordinate Judge allowing the plaintiff to produce documents has moved this Court and obtained the Rule. 7. It is the contention of the petitioner herein that learned Subordinate Judge acted illegally in allowing the plaintiff to produce documents much long after the filing of the suit in the..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......nal Jurisdiction)
Present:
Syed Amirul Islam J
Shah Abu Nayeem Mominur Rahman J
Serajul Hoque………………………………..Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent
Judgment
August 18, 1999.
Lawyers Invol......und of non-service of a letter to the donor.”
4. Mr. Khondker Fazlul Quadir, the learned Advocate appearing for the applicant, submits that the Deputy Commissioner of Taxes in the instant case illegally disallowed both the gifts in total disregard of the fact that one of the donors, namely, Ker..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....aid Act, on obtaining sanction for their prosecuting from the appropriate authority. 12. Now, to meet the legal objection raised by the learned Advocate for the appellants that in the absence of a proper sanction for prosecution of the accused from the appropriate authority, the trial of the accu......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1......ersons did not pay the price of the tube-well machine in question in terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold the said machine, without adjusting the aforesaid loan money and the interest accrued t..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....tion No. Mymensingh BA-191 belonging to the same owner and the accused petitioner has been falsely implicated in the case with oblique motives. 7. The learned Magistrate on detailed discussion and proper consideration of the evidence of the 6 witnesses examined by the prosecution found the accuse......the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...Category: Criminal Law | Date: | Hits: 37
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