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Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....laintiffs instituted the suit for permanent injunction against the defendants in the Court of Assistant Judge, Shahara Upazilla stating, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other......d radio repairing works and the plaintiff No.2 inducted the plaintiff No.1 in the suit premises without permission and knowledge of the defendant No.1 or his wife. Defendant No.1 raised objection and called a Salish. The plaintiff No.1 sought to run the business being tenant under the wife of the de......uit. 5. The learned Assistant Judge considering the evidences both oral and documentary on record decreed the suit with cost. 6. Being dissatisfied with the aforesaid Judgment and decree of the trial Court the defendants preferred appeal before the District Judge, Chandpur, who heard the appea......DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....f the goods as they shipped DOP instead of finishing agent which was contracted to be supplied. On 28-9-2000 the supplier sent a massage to the appellant intimating that due to mistake of the workers some other goods of similar nature, that is DOP, was filled up in the drum instead of finishing agen......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......3. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
....he house of his uncle Abdul Gafur, the victim, for discussion about payment of taxes of the family properties and while he was at a distance of about 150 yards from his uncle's homestead he heard the sound of a gun shot and saw 3-4 persons running away from there towards the east and he heard the cr...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ....... The police, after investigation, submitted charge sheet under section 447/302/34 of the Penal Code against the petitioner and Abdul Ahad and Alim Uddin. The case was then sent to Sessions Court for trial and ultimately to the Court of Additional Sessions Judge, Sunamganj, took up the case for tria......oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1..Category: Criminal Law | Date: | Hits: 33
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....ury J Arun Bhowmick & others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das);......pplication for the issue of a commission for the examination of a witness on the ground of illness is inadmissible in evidence being the worst form of hearsay evidence. The doctor himself should be called in evidence." 15. Relaying on these decisions the learned Advocate for the opposite party ......ate Commissioner has not yet been accepted and the same has been kept with the record and acceptance or otherwise will be decided by the learned Munsif when the evidence will be placed at the time of trial of the suit. As the learned Munsif has not yet accepted the report of the Commissioner it cann......bsolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 342, (F.C. Davidson Vs. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dac..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....ad, No. 4 Abdul Mannan Kha @ Mana Kha, No. 5 Fazlul Huq @ Fazlul Huq Howlader and No. 6 Hanif @ Md. Hanif were convicted under sections 395/397 of the Penal Code and sentenced to suffer rigorous imprisonment for 75 years each by Mr. D.N. Chanda, Additional Sessions Judge, 2nd Court, Patuakhali i......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... Mr. D.N. Chanda, Additional Sessions Judge, 2nd Court, Patuakhali in Sessions Case No. 27 of 1980 by his judgment and order dated 5.4.84. 2. P.W. 1, the informant Nur Mohammad stated at the, trial that simultaneous dacoities took place in the north, cast and west bhiti huts belonging to h............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR ..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
.... Criminal Appeal No. 79 of 1983 Judgment AM Mahmudur Rahman J. - Accused appellant Ezahar Sepai has been convicted under section 325 of the Penal Code and sentenced to suffer rigorous imprisonment for 4 years and also to pay a fine of Taka 1,000/- in default to suffer rigorous imprisonm......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......Ezahar Sepai, Rezia Khatun, Mansur Talukder, Mosharraf Sepai,Kalu Sepai Dalu Howlader and A. Mannan Sepai under sections 147, 148 and 302/34 of the Penal Code. 4. The accused persons stood their trial before the learned Sessions Judge and pleaded not guilty of the charges brought, against them ............Respondent Judgment April 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, Advocate - For the Appellant. Fakhrul Islam, Assistant Attorney General an..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....h Bar Council. Thereafter the Bangladesh Bar Council proceeded against the appellant by instituting Case No. 4 of 1983 before the Tribunal No. II. Issues were framed on 11.2.84. The appellant was also permitted to amend certain portions of his reply dated 25.8.83. 3. In the inquiry before the s......who has deposed a word about the talk that the appellant allegedly had with P.W. 2 Sk. Nowsher Ali and defendant Kafiluddin. There is no corroborative evidence regarding the exact terms of the so-called tripartite agreement. D.W. 2 Mahfuzul Hoq Talukder, admittedly a cousin of the appellant and ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
.... 2. The above First Appeal arose out of a partition suit being Title Suit No. 29 of 1966 instituted on 2.1.64 in the 5lh Court of Subordinate Judge, Dhaka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the pa......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... plaintiffs to the extent of 299/1260th share in the suit land. 6. The defendant No.1 appealed against the said judgment and decree. The High Court Division modified the judgment and decree of the trial Court decreeing on 7.12.82 that the plaintiffs and the defendant No. 11 are entitled to 1/4t......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... title and obtained a compromise decree through the Court on 14.7.64. Thereafter his name was mutated in the Record of right and he paid rent to the Government. He had a shop in the suit premises and some portion is in possession of the monthly rentals and defendant No.4 to 10 and 13 are his tenants......ps had occasion also to refer to the decision in Halima Khatoon's case reported in 30 DLR (AD) at page 207 and their Lordships observed :- (11) "We do not feel that any further discussion is called for on the point excepting making some clarification on the decision made in Halima Khatoon......, where after opposite party No. 13, namely, Narendra Nath Roy entered appearance claiming to be one of the tenants contending inter alia, that the plaintiffs are trying to evict him but during the trial he made no contest and the Government also did not make any appearance. 4. The learned Su......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgement and decree dated 28.12.1983 passed by the learned Additional..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....l District Magistrate, Sylhet in G.R. Case No. 81/83 convicting the present accused under section 324/34 and another under section 324 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year each only. 2. The prosecution case in short is that on 12.9.83 at about 8 P.......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......l - For the State. Criminal Revision No. 47 of 1985. Judgment Qazi Shafi Uddin J.- This is an application under section 439 of the Code of Criminal Procedure directed against the judgment and order dated 15.4.85 passed by Mr. A. Hamid, Sessions Judge, Sylhet in Criminal Appeal No. 30/ II..Category: Criminal Law | Date: | Hits: 38
....Short facts relevant for disposal of this petition are that the respondent No.1 (plaintiff) instituted Other Class Suit No.87 of 1999 renumbered as Other Class Suit No.189 of 1999 against the predecessor of the petitioners late Kamaluddin Ahmed Sarwar (defendant) for specific performance of contract......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......Court of Appeal below illegally decreed the suit on accepting the same as the additional evidence without satisfying itself as to the cause for non-filing of the deed of contract in due course in the trial Court. The learned Advocate-on-Record further contended that the plaintiff having failed to pr......
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners
Vs.
Mohammad Shahjahan and ano..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... Artha Rin Adalat Ain, 2003. The bank put the said property in auction inviting bid through publication of notice in the Daily National newspapers in September, 2004 and the property has been auction sold against Tk. 17,10,000/- and in due course the required sale deed was executed and registered on......Dhaka. 8. In the facts and circumstances, we do not find any merit in the leave petition and hold that the impugned judgment and order has been passed in accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD)...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd..Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
.... them by deed No. 5935 dated 27-08-51 and deed No.6755 dated 27-09-51 became owner in possession. Similarly, Ibrahim and his brother transferred their land to one Charu Bala. Thereafter, the land was sold in auction for arrears of rents and one Jamsher Ali purchased said land measuring 1.13 acre in ......osts. Impugned judgment and order affirming order of the trial Court in disallowing the application for preemption are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 D......nd accordingly, disallowed the application. On appeal therefrom at the instance of the preemptor, the learned Additional District Judge hearing the same was also pleased to affirm the decision of the trial Court, and dismissed the appeal by impugned judgment and order. 12. Mr. Mahmudul Islam,......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....sdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Referred To- Pandurang, Tukia and Bhillia Vs. State......kder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha b......l Sessions Judge and charge was framed for the offence punishable under sections 302/34 of the Penal Code to which all the condemned prisoners pleaded not guilty and claimed to be tried. 5. At the trial the prosecution produced 13 witnesses in all to prove the charge against the condemned prisone...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....aibarta Das, Monhar Kaibarta Das and Radhika Mohan Kaibarta Das and CS Khatian was prepared correctly accordingly. Monohar Kaibarta Das died childless, subsequently Radhika Mohan Kaibarta Das and the sons of late Rajani Mohan Kaibarta Das transferred the entire property described in schedule ‘A’......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ies beyond his jurisdiction that portion may be deleted. Moreover, acceptance of the report of the Commissioner does not mean that the plaintiff-petitioners are debarred from adducing evidence during trial on the point of possession. In support of his arguments the learned Advocate for the opposite ....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... her daughter is maintainable or not. The petitioner has contended that since the plaintiff filed another case under section 488 of the Code of Criminal Procedure before the court of Magistrate and also got an order of maintenance from that court and since defendant-petitioner has been paying mainte...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......l Procedure before the court of the Magistrate and has been getting maintenance for her daughter from the defendant in that criminal case this present civil suit is not maintainable at all. 4. The trial Court dismissed the suit of the plaintiff on the observation that since the plaintiff has been......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe..Category: Family Law | Date: | Hits: 186
....s Development Assistance Society (MIDAS)………. Applicant
Vs.
Commissioner of Taxes.................Respondent
Judgment
April 4, 2001.
Cases Referred To-
All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner of Income Tax vs Ra......t.
Application Nos. 8 & 9 of 1997
Judgment
Md. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise ou......pplicant assessee is a society registered under the Societies Registration Act, 1860. It is a voluntary organisation providing counseling, information, training and financial assistance to small industrial entrepreneurs to generate employment opportunities on self sustainable basis. The society rece......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ty Attorney-General—For the Respondents. Writ Petition No.1013 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule Nisi has been issued at the instance of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Ro......legal effect. The Customs authority, therefore, is directed to affix the value of the goods in question under section 25(1) of the Customs Act according to the normal value of the goods which is also called market value as incorporated in the bill of entry and the invoice. The Commissioner of Cus......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......vision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russe..Category: Fiscal/Taxation Law | Date: | Hits: 83
....urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Re......ection 14(2) of the Arbitration Act, and submitted that the plaintiff did not at all comply with the provision of law and did not file any document whatsoever and accordingly, the original record was called for and received by this Court and scrutinised thoroughly by both sides.
12. Admittedly, t......during the pendency of the case can not be treated a valid deposit as the language of the law is mandatory and not directory and, as such, the application filed by the defendant-petitioner before the trial Court is non-existent in the eye of law and, as such, we find that the learned Subordinate Jud......eme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Ca..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....petitioner has been elected as Member of Parliament from the Bangladesh Nationalist Party (BNP) from Dhamrai constituency on three successive occasions. As a Member of Parliament, the petitioner is also the adviser of the Thana Sammonnoy (co-ordination) committee which holds meetings once every mont......they are not binding upon the respondent No.4, and, the latter is not bound to consult the local member of Parliament in convening meetings of Thana Parishad co ordination committee, other than those called for disaster management. Then again, Annexures A and C speak only of member of Parliament whi......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- A..Category: Administrative Law | Date: | Hits: 462
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