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Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....did not discuss as to whether the defendant Nos 3 family and 4 purchased the suit lands within their knowledge of the bainapatra are not correct. The learned Munsif after elaborate discussions on all relevant points, correctly held the Exhibit-2 as genuine and also held that the Exhibit A(1) to A(5)......m any loan and whether he would require the said stamp paper for securing the said loan, specially when DW 4, son of DW 7, himself denied giving any loan to anybody by his father by taking such stamp papers,. Besides, the defendant No. 1 stated in his deposition that Mannan Majee (DW 5) Jafar Gazi, ......3 DLR (2001) 262.......aka 150.00 from one Khalil Raj and gave him a blank stamp paper with his signatures on and a year later on repayment, he took back the said stamp paper and kept in an earthen pot along with his other documents, in a Chhikka, subsequently two years later he found the said stamp paper missing, in the ..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....ndwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signat...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......rd immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......as under challenge in another suit namely Title Suit No 334 of 1992, filed by the plaintiff petitioner He further submitted that comparison of the disputed signatures could only be done with admitted documents containing admitted signatures. 13. Perused the revisional application, the impugned or..Category: Procedural Law | Date: | Hits: 85
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....the decree, But as the instant suit has been decided as an Artha Rin Case an appeal could be filed within 30 days from the date of decree and on payment of 50% of the decretal amount. We see that the relevant amendment came in 1990. It has been stated in the said provision of law that the suits of t......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal A......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......dates including the petitioner asking them to appear before the Advisory Board on 25-10-95 but in spite of service of notice the petitioner did not appear and the Advisory Committee after scrutiny of papers and interview selected the respondent No.5 as the permanent Nikah Registrar and sent the pane...... Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... the said estimation and in doing so they had not out stepped their authority. 10. Perused the impugned order and the order of the DCT and AJCT in question. On a perusal of the application and the papers annexed herewith it appears that the DCT resorted to estimate the professional income of the ......is also Reported in: 53 DLR (2001) 234....... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... to the learned District Judge which was heard by the learned Additional District Judge, Dhaka. The learned Additional District Judge considering the materials on record and also having regard to the relevant provision of Co-operative Societies Ordinance, 1984 set aside the order passed by the learn...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......DLR (2001) 229....... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....esent revisional application filed in this Court by the accused-petitioner is quite competent and maintainable. 7. For smooth understanding and disposal of the point involved as above we quote the relevant provisions of both the sections 439 and 439A of the Code of Criminal Procedure hereunder: ......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......z J Mariam Begum…………….Accused-Petitioner Vs. State & another…………………..Opposite Parties Judgment November 7, 2000. Cases Referred To- Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 35 DLR (AD) 127, 3 BLD (AD) 279; Sher Ali (Md) and ......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purpose of the Case are that, the petitioner Bank as plaintiff instituted a suit in......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......qbul Huq J Pubali Bank Ltd………………Petitioner Vs. Abdul Jalil Bhuiyan………. Opposite Party Judgment November 15, 2000. Case Referred To- Kazi Gowherul Islam Vs. Standard Co-operative Society Limited and another 50 DLR 333. Lawyers Involved: MA Tariq, Advoc......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......s of the plaintiff appellant opposite party already on record along with new ones taken as proposed and the hand writing expert is to submit the report within 2 months from the date of receipt of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. T......der as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compared with the admitted LTI of the plai..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......t was paid by the assessee applicant after accrual of the interest income and that amount was not a charge upon the income. 10. We have perused the applications, applications for amendment and the papers annexed therewith including the impugned orders. We have also considered the submission made ......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co......rdinance the assessee is to produce evidence in support of the return and in the instant Case the DCT issued notice under section 83(1) of the Ordinance and, as such, examination of the materials and documents produced by the assessee-applicant determined total income on the basis of the materials p..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......an arbitrator giving notice to the defendant for appointment of their arbitrator for arbitration of the difference which arose over his outstanding dues. But the arbitrators without going through the papers gave an award of Taka 38,33,973.00 which could not be accepted. Accordingly, he made an appli........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocate......12. In support of the case the plaintiff examined himself as PW1 and his another employee as PW 2 while the defendant examined only one witness namely, Md. Rafiqul Islam as DW1. The plaintiff adduced documents which are marked as Exhibit 1-23, while the defendant adduced documents which are marked a..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted T....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......dge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of......testing defendants from entering into the suit land and from dispossessing the plaintiffs from the Suit land. 5. The learned trial Court after considering the facts and circumstances, perusing the documents of both sides and the Commissioners Report granted ad interim injunction restraining the d..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....nswer the charge under section 302 read with section 34 of the Penal Code to which they pleaded innocence and claimed to be tried. 9. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendah Police Station and recorded the FIR on the oral ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......Present: Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Re......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518....... conjectures and surmises and not based on any cogent and reliable evidence in support of genuineness of the agreement in question. 7. We have heard the learned Counsel and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The court...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Surendra Kumar Sinha J Fazar Ali……………...Petitioner Vs. Mizanur Rahman and another…………........Respondents Judgment February 10, 2010. Lawyers Involved: ......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......on is dismissed. This Case is also Reported in: VII ADC (2010) 516....... were found to have been executed and registered in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, being not complied, the deeds were not valid documents in the eye of law. We are of the view that the High Court Division on proper considerat..Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......to appeal. 10. Heard Mr. Md. Mozaffar Hossain, the learned Counsel appearing for the petitioners and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division correctly held that "it is crystal ......resent: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hazi Sanjob Ali being dead his heirs: Mst. Golap Jan and others………….....Petitioners Vs. Hurmuj Ali and others………….........Responden......d order of the High Court Division and other papers on record. 11. It appears that the High Court Division correctly held that "it is crystal clear from the deposition of P.W.1 as well as from the documents submitted by the plaintiff that they could not file a single piece of rent receipt of the ..Category: Property Law | Date: | Hits: 28
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......losing that defendant No.16 Momitazuddin Ahmed, Aftabuddin Ahmed and Waizuddin Akram took signatures of Keshob Lal and his sons, namely Ghiridhari and Trinath on unwritten blank stamp and cartridge papers during the liberation war of Bangladesh in 1971 when Keshob Lal and his family members left t......Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Bijan Kumar Das J Md. Muzammel Hossain J Gonesh Ghosh being dead his heirs; 1(a) Bikash Ghosh and others……....Petitioners Vs. Babu @ Sabir Ahmed and others……………………....R......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...Category: Property Law | Date: | Hits: 29
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......ile passing the impugned order by discharging the rule and as such the impugned order is not sustainable in the eye of law. 6. We have heard the learned Senior Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J Md. Abu Zafar Shahid and others……………....Petitioners Vs. Mrs. Joinab Begum and others……..............R...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499...Category: Property Law | Date: | Hits: 17
.... The plaintiffs also produced the supporting documents relating to death of Kabir Ahmed marked as exhibit 1 series. The defendants in view of their alleged loss of the original sale deed produced the relevant register from the office of the Sub-Registrar to prove the certified copy of the sale deed ......d that he did not personally enquire about Kabir Ahmed, Younus Mia and others and that he had no personal knowledge about the registration of the deeds in 1978. These deeds were executed on cartridge papers and not on stamp papers as admitted by D.W.1. He further stated that he did not enquire about.............endant's predecessor-in-interest Younus Miah and registered sale deed dated 19.09.1978 executed and registered by Younus Miah in favour of Mosst. Mahmuda Khatun and others are forged and fabricated documents and have been made through impersonating the deceased Kabir Ahmed through fictitious perso..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......ave to appeal. 6. Heard Mr. A. J. Mohammad Ali, the learned Counsel appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the trial court correctly considered the evidence on record,......m J Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Azim Uddin……………...........Petitioner (In both the cases) Vs. Md. Abdul Latif and others …………….......Respondents (In both the cases) Judgment February 4, 2010. ......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...Category: Property Law | Date: | Hits: 24
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