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Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......ourt of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......ted Islamic thinkers who dominate a section of Islamic people in our society, Trust Lahore Vs. Crown in the matter of the book: “Jesus in heaven on earth" reported in 7 DLR (Lahore) 17 in which the question of proscription of that book and its legality was considered under section 99A of the Cr.P...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....sharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the State Acquisit......ther suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the State Acquisition and Tenancy Act. Th...... Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......nowledge and consent of the plaintiff. The plaintiff attested their sale deeds. Their further case is that the transaction between the plaintiff and defendant No.3 is an out and our sale. There is no question of any mortgage ever entered into by plaintiff and defendant No.3. The defendants Nos. 1 an..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
.... case of the plaintiff, inter alia, is that Ashutosh Roy was the CS recorded tenant of the suit land along with other land under the Ex-lord Abdul Hakim Chowdhury, Ashutosh Roy while in ownership and possession died leaving two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA K......place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the opposite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the plaint being CC Suit No.402 of 1982 in the Court of Subordinate Judge, Rajshah......30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, Advocate—For the Petitioners. Kh. Saiful Hoque with Khalilur Rahman Rakani, Advoc......e name of the legal heirs of the defendant in the interest of Justice which should not be interfered in revision. Mr. Khandaker further submits that such amendment has been made to determine the real questions in controversy between the parties and that instead of filing an application for substitut..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......d in: 52 DLR (2000) 453....... Suit No.86 of 1995 refusing to accept a Power of Attorney for the purpose of accepting a written objection and making steps in the Family Suit. 2. The fate of the Rule hinges on the answer to the question whether the order under challenge calls for any interference by this court in the exercise ..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ...... Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......te—For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General—For the Respondent. Reference Application No.53 of 1995. Judgment Syed Amirul Islam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes A..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......ppellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......e AJCT and restored the order of assessment dated 30-6-85 of the ACT. Being aggrieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circu..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... Late Md. Siddique and the present petitioners are Bangladeshi nationals. Md. Siddique was dispossessed from the case land after the liberation war and as such he moved from pillar to post to get the possession of the property after evicting the trespassers therefrom. But no help was given by the St......e petitioners in 1982 the petitioners became owner of the property by inheritance. Late Md. Siddique and the present petitioners are Bangladeshi nationals. Md. Siddique was dispossessed from the case land after the liberation war and as such he moved from pillar to post to get the possession of the ......9 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......rty on the fateful days, that is 28th of February 1972 when President’s Order 16 of 1972 us promulgated and thus the impugned judgment suffers from patent illegality and he further submits that the question of implementing the impugned Judgment did not arise at all as operation of the said judgmen..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....ker, the learned Counsel appearing for the plaintiffs-appellants, canvassed that the earlier suit was of mere declaration of title whereas the instant suit is for declaration of title and recovery of possession and further the earlier suit was dismissed in the absence of any prayer for recovery of p......om the other Bank. 17. The learned Advocate for the plaintiff respondent could not refer to any evidence that any application was made either to National Bank or to IDLC for loan against any other land other than the mortgaged land with the Krishi Bank. In that view of the matter if no-objection ...... There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......Advocate further submits that the suit i.e. Artha Rin Adalat Suit No.1 of 1991 and Money Suit No.1 of 1991 are of different nature and decided by Judges under different jurisdiction and therefore the question of res judicata does not arise. 11. Both the Advocates for the appellants and the respon..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ase is also Reported in: II ADC (2005) 221. ......into production. This would apply to all future commitments / sanctions. All concerned are requested to take note for due compliance. Sd/- (A.A. Qureshi) Managing Director 20. The question is whether the benefit shall be enjoyed by export oriented industries and at the same time ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......those Articles should be construed as mandatory. In support of the said view we may refer to the following passage occurring at page 96 of the book "Statutes and Statutory Construction" by J.G. Sutherland, Third Edition. "One of the strongest indications as to what construction should be given t......dings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......s including Rule 19(Gha) which is not even a statute that has expressly excluded the jurisdiction of Supreme Court to grant bail and as such the appeal is liable to be dismissed. 13. The precise question before us is, therefore, to consider whether the High Court Division was authorized to ente..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....ife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa got her name mutated both in the revenue as well ......e Judge at Kushtia in Title Suit No. 33 of 1985 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the...... Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 ...... plaintiff as P.W.1, P.W.2, the scribe of the agreement, also testified that the agreement executed between the plaintiff and Nessa was written by him. But the No.11 did not cross-examine them on the question who purchased the land. More defendant Nos.1 and 2, sons of said Nessa, have not come forwa..Category: Property Law | Date: | Hits: 91
....eclaring the ex parte decree dated 2-2-86 as null and void. The suit was then re-numbered as Other Suit No. 78 of 1987.
4. In the meantime, the petitioners started Execution Case No.10 of 1986 for possession. Opposite Parties made an application under Order 21 rule 29 of the Code for stay before ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......msul Sheikh and others………Opposite Parties.
Judgment
May 30, 2001.
Case Referred To-
Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603.
Lawyers Involved:
Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the Petitioners.
Munsur Habib with Md. Zainul Abedin an......n which suit impeaching the decree is pending if the decree is a decree of this court. In the case of Sunahar Ali Vs. Mohammed Akuali, reported in PLD 1957 Dhaka, 603 it was so decided. The decree in question was passed by Munsif, First Court, Bogra and, as such, the Subordinate Judge, First Court, ..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......awyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 166 of 1992. Judgment Faruque Ahmed J.- This Rule at the instance of the defendant petitioner was issued calling upon the opposite, parties to show cause as ......ult on 14-8-90. It is admitted that for restoration of Miscellaneous Case No. 136 of 1987 the defendant petitioner filed Miscellaneous Case No. 493 of 1990 under section 17(1) of the SCC Act. Now the question is whether this Miscellaneous Case No.493 of 1990 is maintainable under section 17 of the S..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......0 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......iser quoting Clause 30.a.4 of section 1 of the bidding document opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question arises whether it can be done after opening of the financial bid in bidder’s representati..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....33, Chandgi Ram was elected to the seat of the Pradhan of the Goan Penchayat of Pritampura in Delhi State but the question as to whether his conviction under section 19(f) of the Indian Arms Act, for possession of an unlicensed revolver, is an offence which involves moral turpitude. Answering the qu......Corruption Act, 1947 (Act No. II of 1947) for committing offences under section 5(1)(d) and 5(1) (e) of the said Act and was sentenced to simple imprisonment for a period of seven years, and the case lands plot Nos. 49, 49A, 49B and 49C of Kawran Bazar Commercial Area, Dhaka, were also confiscated w......dgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......991(Bombay) 91, Monni Lal Vs. Parmai Lal and others, reported in AIR 1971 (SC) 330 and also Vida Charan Shukla Vs. Purshottam Lal Kaushik, reported in AIR 1981(SC) 547. In all the aforesaid cases the question that fell for consideration was whether a candidate who participated and returned in the Pa..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......an Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......e did not refund the money consequently and the FIR was lodged against the present petitioner. 3. The learned Advocate Mr. Sk A Awal appearing on behalf of the petitioner submits that the money in question is out and out loan taken from the complainant, There was no specific promise at the time o..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......e parties No.1 and 2 made an application under section 96 of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petition......Present: Md. Abdur Rashid J Sazeda Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Surajit Bhattacharya, Advocate—For Op......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ....../5 unknown persons caught hold of her and tied her eyes and mouth with her saree and dragged her into her hut and asked about the deeds and documents. The miscreants then took out the deeds of the land from a trunk and went out. Then she went to the East-bhiti outhouse with a hurricane and saw he......he records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......the primary duty of the Court first to consider and decide whether the confession is proved to be true and voluntary or not on the evidence on record and in the facts and circumstances of a case. The question of retraction is also to be considered at the same time and the same way. 15. The trial ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....cree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out ......e against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out of the following facts: Petit......r. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......n possession on the day of dispossession in execution of the decree. A plain reading of Rule 100 clearly provides that a person under the judgment debtor is not entitled to apply under this rule. The question as to the collusiveness of a decree or order are outside the scope of proceeding under rule..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....ioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till the disposal of the suit. In the application the peti......n against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of the Waqf Estate, an area measuring 3.69 acres of land of Khatian No.322 are not retainable l......Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of ..Category: Property Law | Date: | Hits: 105
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