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Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....r disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dhaka for declaration of title to the suit land. 3. The petitioners who are defendant Nos. 1 and 2 appeared in the suit and filed an appli...... This Case is also Reported in: 61 DLR (HCD) (2009) 76. ...... Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant people upon the whole judicial system. ............€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....of East Badda" and the Secretary of local Mosque namely "Baitul Sujud Zamey Mosque". 3. The Government through the respondent No.4 (Deputy Commissioner, Dhaka) made acquisition of 2760.00 acres of land of Badda and other 6(six) Mauzas in favour of Rajuk in L.A. Case No.138 of 1961-62 and in the y......adesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka and others……………….Respondents Judgment January 9, 2008. Result: The rule is discharged. Cases Referred to- Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others Vs. Banglade......onsidering of the aforesaid enquiry, report arrived at a decision as evidenced by Memo No.SHA-8/ RAJ-65/ 93/91 dated 29.06.94 which was written to the Chairman, RAJUK, Dhaka. The relevant portion of that decision is quoted hereunder:- (১) হà§à¦•à§à¦® দখল আইন অনà§à¦¸à¦¾à¦°à§...... January 9, 2008. Result: The rule is discharged. Cases Referred to- Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11; Professor Abdur Rahim Khan and others Vs. Ministry of Industries and others, 7 BLT (AD) 313. Lawyers Inv..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was the superior landlord in Mirashi...... also Reported in: 61 DLR (HCD) (2009) 509. ...... No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was the superior landlord in Mirashi right in 'A' schedule lan...... Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
....The petitioner is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Industrial Area, Dhaka on an area of 10.05 acres of land. It is claimed to have got only fully automated and continuous process glass container and glas......record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......t such payment of VAT without any objection from the respondent.
7. Said respondent No.5, Superintendent cancelled the said credit of VAT by his order dated 26.02.01 and informed the petitioner that there was no scope for taking credit on the input VAT for Balancing, Modernization, Rehabilitati......LD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....IT) now renamed as Rajdhani Unnayan Kartipakha (RAJUK) executed a 99 years' lease agreement in favour of the full sister of the petitioner, namely, Mrs. Atia Siddiqui for a plot of land measuring 1(one) bigha and 4(four) kattas situated a SE(K)-14, Road No.84, Gulshan Model Town, ......lip;…………………Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=......lete the formalities under intimation to the Government of India. However, on 25.05.1972, the petitioner applied to the DIT for mutation of her name; but to her utter surprise, she came to know that the case property had been declared an abandoned property. She approached the Indian H......Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; The Secretary, Ministry of Works and Urban Development, Government of Bangladesh and another Vs. Rowshan Ara Begum and anot..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the southern part of his plot was fallen vacant, for beautification of the area but the defe......n Shakhider and others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of State Vs. Mask and C......2 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the judgment and decree dated 27-04-2005 passed by the learned District Judge, Joypurhat, in O.C. Appeal No.1 of 2005 affirming those of dated 25-11-2004 passed by the learned Senior As......ar Vs. Md. Mahbubey Alam and others, 57 DLR (AD) 18; Md. Abul Khair Vs. Pubali Bank Ltd. and another, 21 BLD (AD) 32. Lawyers Involved: S.N. Goswami, Advocate, with Afsana Begum, Advocate- For the Petitioner. Md. Golam Hossain Sarwar, Advocate- For the Opposite Parties. Civi..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....tion on 10-8-1993 to the effect that on 9-8-1993 at about 7-00/7-30 PM he along with his sister's husband Saidur Rahman and his elder brother Aftab Uddin were gossiping in respect of cultivation of land sitting in the courtyard after taking their night meal; that at about 9-00 PM Saidur Rahman c......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden o......16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree...... Vs. State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case invol..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....own enemies murdered the deceased or that he falsely implicated the accused in the instant murder case. He further stated that accused Sikander and Yusuf were father and son. He mortgaged 10 katas of land for Tk. 10,000/00 to accused Sikandar. On the 1st of Baisakh 1408 B. S. he received a sum of Tk......¦â€¦..Condemned-Prisoners Judgment August 15, 2007. Result: The Criminal Appeal No.887 of 2004 is allowed with rejection of Death Reference No.33 of 204. The Criminal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed o...... order of conviction. Accordingly a rule was issued. 4. P.W.1 Mokbul Gazi appeared in the local police station at Patuakhali on 24.3.2003 at 10.15 in the morning and lodged a written FIR alleging that during the last Union Parishad election accused Abul Kalam and another Habibur Rahman contested ......inal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
....ur Rahman, further submits that the 3 Respondent bank being a secured creditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawfu......onal District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the......is Rule. On 24.06.1999 the Respondent No.2 as plaintiff bank filed Bankruptcy Suit No.14 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5others impleading her as defendant No.7 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstandi......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ct, 1952, briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-s......so Reported in: 61 DLR (AD) (2009) 28. ......, repreÂsented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floor in the Rangs Bhaban asserting that they are entitled to be added as respondents, otherÂwise they would be highly prejudiced and sh...... 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Chandigarh Admn vs Managing Society Goswami, DGSCE, AIR 1996 SC 1759; K Ramdas Shenoy vs Chief ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....Âpendently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindra Lal Ghosh the father of the plaintiff
and the land contained mostly is a grazing land and in some portion of the suit
land they are possessing by...... records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......ssed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a decÂlaration of his title and further declaration that
the plaintiff is maintaining his family indeÂpendently, separated from his
father. The short ...... 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....ffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction restraining the Opposite parties Defendants from raising any cons......rs…………………………..Petitioners Vs. Md. Abdur Razzaque and others…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Ra......986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of ......rs…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Rahman Biswas Vs. Md. Hannif Ali Biswas and others, 7 BLC 186; Ghulam Qadir Vs. Ghula..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....ar Kandi and she was tortured by co-accused. It is further stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit ......eal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the ac......unimpeachable evidence……………………………(17) Where the accused raises the plea of alibi, burden lies on him to substantiate that fact at least to the extent of a reasonable probability. Even if the evidence produced is capabl......al, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a criminal case, it is for the prosecution to..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....ld not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and validity of acquisition of his homestead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the ......r as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......uments Photostat documents without any authentication have no evidentiary value under the Evidence Act and as such the Court cannot rely upon the Photostat documents only and consider a case on that basis…………………..(10) Lawyers Involved: ......ot rely upon the Photostat documents only and consider a case on that basis…………………..(10) Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the petitioner. Rubiuyat Hossain, Assistant Attorney General with A.K.M. Salahuddin Khan, A..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......07) 469. ......ent June 3, 2007. Result: The Appeals are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended ...... alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favou..........Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; ......l No.672 of 2003. Judgment Shahidul Islam J.- This Rule is directed against the impugned judgment and decree dated 26-10-2002 passed by the learned Joint District Judge 1st Court, No.2 Bagerhat in Title Appeal No.13 of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed b......90; Zafar Ali Vs. Md. Momtaz Hasan, 49 DLR 319; Shahariar Rashid Khan Vs. Bangladesh, 5 BLT 38 = 2 BLC 106; 15 BLT (AD) 106; 32 DLR (AD) 223. Lawyers Involved: Md. Abdul Jabbar, Advocate - For the Petitioner. Sadananda Rana, Advocate - For the Opposite Parties. Civil Revisional N..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....In Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308 it has been stated: "It may be necessary to point out that the lessee may have more reasons or urgency to protect his interest in the suit land than the lesson. The interest of lesser and lessee may not always be the same so as to hold tha......sent: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 35...... Court of the then Munsif, Dhaka impeding Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tej......tion) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobha..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... the facts and circumstances chronologically.
2. In Writ Petition No.3016 of 2004, Rule has been obtained by Arab Bangladesh Bank, a financial institution incorporated under the laws of the land, calling upon the respondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to sh......
Judgment
March 12, 2007.
Result:
The Writ Petition No.3016 of 2004 is discharged and the Writ Petition No.5961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under......কে à¦à¦¬à¦‚ উহার দà§à¦¬à¦¾à¦°à¦¾ ডিকà§à¦°à§€à¦¦à¦¾à¦°à§‡à¦° পà§à¦°à¦¾à¦ªà§à¦¯ পরিপূরà§à¦£à¦à¦¾à¦¬à§‡ আদায় হইয়া থাকে৷” meaning that at least one auction sale process is completed, (under linings are made for giving emphasis).
......2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of M......essary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......egal effect and as to why direction should not be given upon the respondent Nos.2-4 to recind/withdraw the same. 3. The petitioner filed writ petition No.2175 of 2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain an......¦â€¦â€¦â€¦â€¦â€¦Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and others Vs. Director Land Records and ot..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ence of accused's connection with the crime. 9. The proposition of law enunciated by Superior Courts on the subject may profitably be adverted to. 10. Lord Reading, Lord Chief Justice of England in the King Vs. Baskerville (1916) 2 KB 653 observed: The rule, which according to the ca.........................State-Respondent Judgment February 28, 2007. Result: The Criminal Appeal No.2909 of 2004 presented by convict-appellants Safazuddin and Mohsin is allowed. Cases Referred to- The King Vs. Baskerville, (1916) 2 K.B. 653; Rameshwar Kalyan Singh Vs. State......ticle 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and mala......, 51 DLR HCD 154; Jahangir Hossain Vs. The State, 1996 16 BLD HCD 238; Reg Vs. Henry, (1968) 53 Cr. App R 150; Kellehar Vs. The Queen, (1974) 131 CLR 534. Lawyers Involved: Nahreen Amin - For Convict-Appellants. A.S. Md. Ramzan Khan, Deputy Attorney-General with Md. Ibrahim Khalil, A..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
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