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Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... did not take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for maintenance of Taka 2000 per month, the defend......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Abdul Aziz (Md.)………………………………………...Petitioner Vs. Sonia Pervin Liza (Minor) ……………………………Opposite Party. Judgment July 9, 2006. Cas...... to his daughter at the said rate. Under such circumstances we can presume that the defendant is agreed and ready to pay and satisfy the demand of his beloved minor daughter. 13. Now the pertinent question that calls for our determination is, whether his daughter is entitled to get maintenance an..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Uncle Atiqur Rahman alias Masum (PW 7) to the PO House on 30-4-1998, and he was asked as to why he had not come to the house even after getting the message of Shazneen's death. But Hasan avoided the question, became nervous and left. PW 5 further stated that when the health condition of his father-..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....n statement contending, inter alia, that the suit is not maintainable; that the plaintiffs have no cause of action; that the suit is barred by limitation; that the plaintiffs have no right, title and possession in the suit property, and that the plaintiffs have no locus standi or legal character to ......o 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The ...... in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... Title Appeal No. 106 of 1999 and consequently the impugned judgment and order does not suffer any illegality or legal infirmity to interfere by this Court in revisional jurisdiction. 19. The moot question that calls for our determination is whether the learned Additional District Judge, Jhalakat..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......trar, Comilla asking the petitioner to show cause within 10 days as to why his licence should be revoked and he was asked to submit the reply to the District Registrar, Comilla. 10. The formidable question to be determined by us as to whether the notice dated 22-6-2000 can be treated as having be..Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......502; National Thermal Power Corporation Ltd Vs. Flowmore Pvt. Ltd, (1995) 4 SCC 515; UP Co-operative Federation Ltd Vs. Singh Consultants and Engineers (Pvt.) Ltd, (1988) 1 SCC 174; Royal Bank of Scotland plc Vs. Cassa di Risparrnio delle Province Lorribarde, [1992] 1 Bank LR 251; Itek Corporation V...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. ......ere settled: (a) was the suit maintainable in the manner and form as framed? (b) was the suit barred by limitation? (c) was any fraud committed in respect of letter of credit in question'? (d) was the plaintiff entitled to relief prayed for? (e) what relief the p..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Ali was in possession transferred the suit land in favour of Masaddar Ali 35 years back and handed over title d......26.09.1994 passed by the Assistant Judge, Temporary Additional Court, Sadar, Sylhet in Title Suit No.231 of 1992 dismissing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to Dhan Bibi and Toyab Mia from whom Julfikar Ali and Majar Ali took jote s...... the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....ttagong for declaration of title in the suit land stating, inter-alia, that the suit land situated in Touzi No.874, under Mouza Bakoria was owned by Abdul Ahmed son of Anwar Ali and while he was in possession R.S. Survey started in 1928 and completed in 1932. In the R.S. record-4 annas and 7 pai l......facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No.229 of 2004 in the Court of 5th Senior Assistant Judge, Sadar, Chittagong for declaration of title in the suit land stating, inter-alia, that the suit land situated in Touzi No.874, under Mouza Bakoria was own......rdingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......orter's bank and has earned much needed valuable foreign exchange for the country since its inception. Against export of foreign fish under Letter of Credit No. DCMRW101734 dated 25th July 1997 of Midland Bank PLC, UK opened for and on behalf of letter of credit applicant EURO ROODS (UK) Limited, th......er as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......eved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and that the ..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......e in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......sonal expenses were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set to arise from the order dated 2-6-1998 passed by the Taxes Appellate..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......o legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, a citizen of the Republic of China, is running his business from Thailand Head Office, fishing through his own vessels and employees. He is the owner of vessel FV Shin F......e of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......(Annexure-Fl) and Memo dated 21-11-2000 issued by the Deputy Director, Marine Fisheries Directorate, Agrabad, Chittagong (Annexure- G) and submits that the petitioner being the owner of the vessel in question and as a citizen of the Republic of China has been communicating his claim on the vessel th..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... proposition of law has been decided in various decisions of the Courts of this subcontinent. In the case of Md. Mosaddar Hague and another Vs. State reported in 10 DLR (SC) 29 where it was held: "No question as to whether prejudice was caused or not need be considered as illegality" has resulted fr..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... industries including saw-mills, sawpits, furniture marts and brick fields, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of, marking hammers or other implements used for marking timber; (i) regu......e of the present petitioner in the year 1991 being Licence No. 6150/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities and set up a Saw Mill on his land and has been continuing the business peacefully without any complaint as to any violation of th......and vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......red to be ultra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, these Rules are heard together and are being disposed of by..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....that it is true that the word transfer is used in addition to the word sale but even so, in the context the transfer must mean effective conveyance of the capital asset to the transferee. Delivery of possession of immovable property cannot by itself him treated as equivalent of conveyance of the imm...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......e established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......rders in rejecting the prayer for tax holiday against the petitioner companies. 10. Heard the learned Advocate and perused the petition along with the annexures and the decisions as well. The main questions raised in these two writ petitions are, whether an undertaking established with new machin..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....o Ishaque Ali by a registered 'Kabala' dated 18-12- 1972. Ishaque Ali purchased the land in the 'Benami' of defendant No. 2 Ramendra Nath. Similarly, while Indobhushan and Sarala Bibia were owners in possession of land of RS Khatian No. 147, they transferred said land to Ishaque Ali by a registered......r dated 14-1-1988 passed in Mutation Case No. 9P/87-88 described in schedule 'Kha' was illegal, void, inoperative and not binding upon the plaintiffs; (b) The plaintiffs have got title in the suit land; and (c) defendant No. 2 Ramendra Nath @ Rabindranath Biswas was 'Benamder' of Ishaque Ali ...... is also Reported in: 58 DLR (2006) 470. ......rcumstances and/or ingredients to prove a transaction 'Benami' but they cannot be taken to be the dominant circumstances. Of course, no hard and fast rule can be prescribed for guidance to decide the question of 'Benami'. Every case of 'Benami' has to be decided having regard to its peculiar facts a..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......f issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ...... also reveals that the date of birth of Mir Kashem, son of Sirajul Monir, Roll No. 208781 is 2-2-1984. The petitioner alleges that this Mr. Kashem is respondent No.6 in the present Writ petition. The question is, whether we can rely on Annexure-A and hold that the date of birth of respondent No.6 is..Category: Election Law | Date: | Hits: 87
....mains that he was commissioned with the mammoth task of building for us the citadel of our legislature. He was the mastermind behind the design of our National Assembly Complex, which is our pride of possession as a nation Thus there cannot be any dispute as regards the greatness of the architect or...... the media. The present government revived the project on the ground that the original plan by Louis Kahn had envisaged such housing units. However, admittedly, the impugned project has been sited on land which was earmarked as "Recreation garden and court," as can be seen from the site plan of 1973......spondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......ositive requirement that the government serve notice of any intended construction upon the Municipal Authority. Thus, the construction is strictly without lawful authority, but there could not be any question of demolition of the buildings as provided under section 3B (5)(d) of the Building Construc..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......hil Chandra Haider Vs. State, 54 DLR 148; Ghulam Yusaf Vs. Crown PLD 1953 Lahore 213; Safdar Ali Vs. Crown, 5 DLR (FC) 64; Woolmington vs. Director of Public Prosecutions, House of Lords, 1935 All England Law Reports (Reprint) page-1, Sodeman Vs. R (PC) (1936) 2, All ER 1138; Dahyabhai Vs. State of ......Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... death and ante mortem and homicidal in nature. It is indisputable that the slain Emdad Ahmed Afzal was lynched and facts leading to the murder have not been challenged by the defence. 33. Now the question calls for our consideration whether the act of the accused was by the reason of his unsound..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
....as not examined under sections 242 and 342 of the Code of Criminal Procedure. It was further submitted that witnesses do not support the prosecution case of recovery of alleged arms from the specific possession of the accused-petitioner. That Police are alleged to have recovered the anus was categor....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......e that is an ordinary incident of human affairs. If there appears no gross negligence the Court can condone the delay. 19. It appears from the record that suit properties measuring .31 decimals of land with a pucca building thereon is the subject matter of the suit. 20. There is no denying of ...... is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......n the period of limitation. 18. What constitutes sufficient cause cannot be laid down by hard and fast rules. It must be determined by a reference to the circumstances of each particular case. The question whether a cause is a 'sufficient cause' is a question of fact in each case. The sufficient ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......er within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......or determination is whether the learned Sessions Judge committed illegality or irregularity in passing the impugned judgment and order dated 1-11-2004 in the light of the above discussion. 17. The question whether an appeal is barred by limitation or not or whether he had been prevented by just a..Category: Criminal Law | Date: | Hits: 65
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