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.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......lity, but the denial of any special privilege by reason of birth, creed or the like in favour of any individual and also the equal subjection of all individuals and classes to the ordinary law of the land administered by the ordinary law Courts".
15. In the "Limitation of Government Power" by Rot......n view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......titioner. (In Writ Petition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard tog..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ...... The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......n conspiracy and collaboration with the Upazila Development Co-ordination Committee and the local politically influential persons aided by their mastans, try to control the lease of the Cattle Hat in question and other Hat Bazars in the area. As a part of this manoeuvre and conspiracy in retaining t..Category: Others | Date: | Hits: 114
....ring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered Kabala. But since the respondent No.4. Lacca Tura Tea Estate illegally took over possession and managed to record the same in its name in the record of rights, father of the petitio...... have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered ......tance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th ..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504........ Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......ative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504....... Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes App..Category: Fiscal/Taxation Law | Date: | Hits: 104
....e petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the suit land was in his khas possession. On 12th Jaishta, 1354 BS Md. Haja Mondal executed and registered a kabuliyat in favour o......rder dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the suit land was in his khas possession. On 12th J......epublic of Bangladesh and others …………….Opposite Parties.
Judgment
August 09, 2001.
Cases Referred To-
Kamal Anwar and others Vs. Md. Kabir Khan, 1985 BLD 157; Raja Debi Baksh Singh Vs. Habib Shah, 1913 CLJ (PC) 9.
Lawyers Involved:
Moksed Ali, Advocate—For the Petitio......the trial Court is directed to consider the application filed under section 151 of the Code of Civil Procedure to set aside the order of abatement and since the mistake was committed by the Court the question of limitation may be considered leniently, and the petitioners be allowed to file a separat..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ocates — For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment a......stant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment and decree dated 26-6-75 passed by the Subordinate Judge, Add..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....hreatened the plaintiff to dispossess from the suit land and hence the suit has been filed. 4. Further case of the plaintiff is that since the return of the suit land to their vendors they were in possession and after purchase by the plaintiffs they are in possession. 5. Defendant Nos.11 and 1.......156 of 1976 on 21-9-77 affirming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419 of 1975 on 26-6-1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and ......ve, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......of the Transfer of Property Act defines mortgagors of different kinds. The recitals of the Exhibit 2 in any manner do not contain any statements that the transferor is a mortgage. So, the transfer in question cannot be treated as a mortgage or even from the endorsement, it cannot be said that it was..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......rder as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......the special law is silent. The Chittagong Hill Tracts Regulation, which is a special law and since there is specific bar, the procedures in Civil Procedure Code will not be applicable.
15. Now the question is whether the Deputy Commissioner or the Divisional Commissioner while exercising Civil Ju..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....wards the debts as demanded in the said certificate cases. 5. Satya Ranjan Dey, as the Constituted Attorney of Raj Kumar Ghose, performed the said activities and since purchase the plaintiffs were possession of the purchased land which is admitted and not denied by the defendants at any stage. ...... certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the auction purchase made by the defendant No.1 and other defendants, they have not acquired any title in the suit land. 2. Plaintiff’s case, in short, is that the defendant No.2 Raj Kumar Ghose sold the suit l...... and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul Wadud Bhuiyan with Nikhles Dutta Advocates—For the Appellant. Kh Mahbubuddin Ahmed with Mirza Hossain Haider Advocates—For Respondent Nos. 1(ka), 1(kha), 1(ga), 1(Uma). ......1(ga), 1(Uma). Civil Rule No. 128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sreemati Parul Bala alias Parul Rani Saha Mondal and another, and it calls in question the judgment and decree dated 31-3-1979 passed by the District Judge, Noakhali in Title App..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
..... He jumped on a tank adjacent to southern side of the Hotel. Police personnels secured his arrest and searched his body, one country made pipe-gun and two live cartridges had been recovered from his possession. Convict-appellant always used to keep arms in possession and by using those arms he comm......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......t Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... law. Social stability and order are required to be regulated by punishing offenders, criminals, terrorists and armed cadres. The society will suffer if person like convict-appellant are let off on a question of technical non compliance and procedural defect and it will be a mockery of justice to pe..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......ses out of 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘......orted in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....sed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-1970 Parul Bala transferred the suit land to one Sufia Khatun by a register......n Title Suit No. 51 of 1997 and also for declaration that those are not operative against and binding upon the plaintiffs. 3. Plaint case, in short, is that after successive transactions, the suit land measuring about 96 decimals of CS and SA Plot No.1244 appertaining to CS Khatian No. 212 and SA...... another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri...... from consideration on the ground that why the Advocate Commissioner could not say the area of the land or the boundary thereof. The appellate Court failed to notice that such statements were made to questions asked beyond the terms of the reference for investigation, and he had to reply from his me..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......the petitioner. In other words, the learned Advocate contends that the impugned order of detention of the said vessel is manifestly illegal as it could not be justified by reference to any law of the land. 5. Mr. Obaidur Rahman Mostafa, learned Deputy Attorney-General, appearing for respondent No...... sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......er, the impugned order of detention of the said vessel is declared illegal and without jurisdiction as it was not made in accordance with law. 7. In terms of the contract of supply of the cargo in question dated 12-1-1999 the letter of credit was negotiable for 90% value of the rice on submission..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......nce of P.W.3 on this point must be disbelieved. From the evidence of P.W. 3, we also find that at about 8-30 PM on 27-10-93 while he was returning home after closing his shop when he reached near the land where his dwelling hut was situated a boy told him that his son Rajib was assaulted by Shamim a......und not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......light of our above discussion we find that the learned trial Court has rightly convicted the condemned prisoner Shamim for the offence punishable under section 302 of the Penal Code. 43. As to the question of sentence the learned Advocate for the condemned prisoner submits that the sentence is to..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......submitted that the petitioner is entitled to draw his salary from his US Company in USA and being a permanent resident of USA he is not liable to pay here in Bangladesh. He paid tax in USA with the Inland Revenue Service. His income having not secured in Bangladesh he is not liable to pay tax here a......observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ioner would be satisfied that the tax would be assessed finally and would be paid causing no loss of revenue and this would be the position in law under section 107 of the Income-Tax Ordinance. Thus, question of giving a guarantee or a personal guarantee as allowed under the law is pointed out in af..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......die, J’s view and stated that the view of Laddie, J is correct and that American Cyanamid cannot be understood as having laid down anything inconsistent with the old practice. Now, the Courts in England go into the question whether the plaintiff is likely or unlikely to win in the suit i.e. into t......nt, Design and Trade Mark Cases at page 103; American Cyanamid Co. Vs. Ethicon Ltd. 1975(1) All ER 504(HL); Series 5 Software Vs. Clark, 1996(1) All ER 853 (Ch D); Colgate Palmolive (India) Ltd. Vs. Hindustan Lever Ltd. 1999(7) SCC 1. Lawyers Involved: Habibul Islam Bhuiyan with Gazi Neamat Ho......Patent, Design and Trade Mark Cases at page 103. 8. Learned Counsels argued on all probable issues that may be raised in the trial of the suit. It is neither necessary nor desirable, to decide all questions raised. In an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure m..Category: Intellectual Property Law | Date: | Hits: 230
....a on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession of the property. The said property was enlisted as abandoned property by the government i...... Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improve......arged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......al No.9762 (Annexure-B). Ali Mohammad Abbas was a practice Barrister at Law and used to live in Great Britain (UK). As he was not executing and registering the sale deed in respect of the property in question in favour of the petitioner, the petitioner as plaintiff filed Title Suit No.54 of 1986 on ..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......sessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......aring other parties allowed the appeal in part, maintained the disallowance of Jamuna Levy by the AACT and order of the Tribunal, is under challenge in this reference application. 3. The following questions have been formulated by the assessee petitioner for our opinion: (i). Whether on the fa..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......tificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ...... Tribunal rather than filing the reference application before this Court under section 160 of the Ordinance. It is clear that against that order she had two remedies available to her, i.e. to call in question the legality and propriety of the order of the Tribunal under section 160 of the Ordinance...Category: Fiscal/Taxation Law | Date: | Hits: 108
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha of land which he purchased on 12-4-89. The petitioner obtained an approved plan in the year 1989 for co...... be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......led an affidavit-in-opposition. In the affidavit-in-opposition the respondents case is that the petitioner obtained an approved plan on 31-7-89 for construction of 2 storied building over the plot in question, the area of the plot is more or less one katha. No construction was made according to the ..Category: Property Law | Date: | Hits: 114
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