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....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......dingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......llowed the appeal of the department in part. The assessee applicant being aggrieved by the aforesaid order of the Taxes Appellate Tribunal filed this Reference application for answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting ..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......der as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......udgment Md. Muzammel Hossain J.- Rules in Writ Petition No.1787 of 1998 and Writ Petition No.2259 of 1998 have been heard analogously and are being disposed of by this single judgment since common questions of law and facts are involved in both the Rules. 2. In Writ Petition No.1787 of 1998 Ru..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holding No.113-116, Old Airport Road, Te......on Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-......ing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......it, the petitioners also annexed copies of photographs of about 11 high rise buildings situated in and around the Tejgaon Old Airport. It was also asserted that the ‘Rangs Bhaban’ the building in question, is out of the funnel and far away from the approach road of the Old Airport. They also ass..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......00/11‑00 AM. When he asked the police about the case of acid victim Hazera, they told him that they got information but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to the house of father of the vict..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......isonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3 months more. 3. The prosecution case, in brief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya......of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......e defence that PW 1 Meser Ali voluntarily executed the deed of gift in favour of the accused Akkas Ali. Thus it appears the accused has not denied the execution and registration of the forged deed in question. 5. The Magistrate on consideration of evidence on record found the accused guilty and a..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... as exercisable under section 491 of the Code of Criminal Procedure, as writ jurisdictions which are now exercised by such courts in the Indian subcontinent were not available to them. Although in England these matters came within the jurisdiction of prerogative writs, the constitutional jurisdictio......erpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......uld arrest a person whom 'reasonably suspected of having acted or acting or being about to act' in a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the satisfaction of the detaining authority as referred to in the rule-making pow..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....d Elemjan and Halimon Bibi from 'Kha' schedule land against which Elemjan Bibi and Halimon Bibi filed Title Suit No. 1225 of 1922 in the Court of 3rd Munsif, Dhaka, in which, they got decree for khas possession. Suit plot Nos. 27 and 29 were sold in auction for arrear of rent in Money Execution Case......Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died leaving behind a ......6, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... 17. Suppose a deed is forged and the beneficiary of the deed destroyed it in order to avoid future complication and filed a certified copy which was admitted in evidence without objection. Now the question is whether the Court shall believe it as genuine after it has been detected as forged at th..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......iew.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......ding in the writ petition in the instant case being a civil proceeding this court has power under section 114(b) read with Order XLVII, rule 1 of the Code of Civil Procedure to review the judgment in question. The learned Advocate also refers to the case of Fehmida Khatoon Vs. Additional Deputy Comm..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......n's financial debacle, he was willing to pay the principal amount of Taka 15,000 only, if interests were written off. 7. The learned Court below, in addition to the general issue pertaining to the question of maintainability of the suit, also framed two substantive issues orbiting round the quest..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......LC 451. 12. Learned Advocate then refers to column No. 6 of Exhibits 8, 9, 10 statements under section 164 Cr.P.C. of accused appellants Sahabuddin, Alam Kabiraj and Sharifuddin and shows that no question was put to each of above 3 accused‑appellants by the recording Magistrate (PW 16) that if..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......r by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ...... 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of delivery of jud..Category: Others | Date: | Hits: 118
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directed the predecessor of the appellants i.e. Md. Noor Hossain to make over the possession by 1‑12‑1958. Thereafter, the Additional Deputy Commissioner on an enquiry found that....... 636 was more suitable for the purpose and agreed to de‑requisition CS Plot No. 692 and requisitioned Plot No. 636 which also belonged to the predecessor of the appellants comprising 0.42 acres of land. 3. Immediately after the requisition of the suit land the predecessor‑in‑interest of th......s. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......equisitioned 0.42 acres of land in CS Plot No. 636 by the petitioners is absolutely false and unfounded. The terms (d) of the compromise in Writ Petition No. 42 of 1960 clearly shows that the land in question was ditch land and the requiring body was directed to fill up the land and raise structures..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within 7 days after scrutiny and perusal of the deeds in order to purchase lands of the deeds if the complainant has any subsisting interest therein but subsequently in spite ......ferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
.... SA record was prepared accordingly. Naba Kumar was survived by two sons, Radha Shayam and Radha Krishna Pal who owned and possessed share of Naba Kumar. While Nanda Rani and other co-sharers were in possession of the land they cut and removed thicket and weed and turned the land into arable land an...... DLR (2000) 390.......with SS Sarker Advocates—For the Petitioners. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3240 of 1993. Judgment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...Category: Property Law | Date: | Hits: 64
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ...... a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......Officer at Lalpur PS in the District of Natore appeared and filed an affidavit-in-opposition. In the said affidavit it is not denied that the petitioners are teachers and employees of the Madrasha in question and that they have been serving the Madrasha in their respective capacities. Rather it was ..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....d and the plaintiffs proposed to purchase the same at consideration of Taka 35,000. The petitioner, receiving Taka 30,000 is earnest money, came to an oral agreement with the plaintiffs and delivered possession of the suit land. After taking delivery of possession the plaintiff constructed a dwellin...... 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that the suit land originally belonged to the defendant petitioner, who decided to sell the said land and the plai......q Siddique, Advocate -For the Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision No. 3089 of 1998. Judgment Hasan Foez Siddique J.- Rule is directed against the judgment and decree dated 16‑6‑1998 passed by the learned Subordinate Judge, First Cour......r has put the transferee in possession in a part performance of contract the latter can enforce the right. The plea that the transferor had already performed his part of the contract is essentially a question of fact. Both the courts below, on due consideration of the evidence on record, found the a..Category: Property Law | Date: | Hits: 84
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45....... dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......rovision of Section 3(3) of Act VI of 1996. II. Whether the High Court Division erred in law in failing to consider that writ petition is not maintainable since the writ petitioner raised disputed question of facts. III. Whether the High Court Division erred in law in failing to consider that ..Category: Employment/Service Law | Date: | Hits: 87
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....e Raha Brother's in pursuance of the said deed of exchange. The property in question was under requisition at the time of execution of deed of exchange and thereby the petitioner got constructive possession thereon. The petitioner thereafter filed an application before the writ respondent No.1 f......142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpara, Police Station Kotwali, Distric......tayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23....... the gazette notification dated 6th November, 1991 by which the aforesaid property was acquired under the (Emergency) Requisition Property Act, 1948. 3. His case in short is that the property in question was requisitioned by the Government vide Requisition Case No.43/1974f-48 and vested in the ..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....tioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated i......missing the suit. 2. The suit was for declaration of title. The petitioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of r......emises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....s are the aunt of the defendants. The plaintiffs transferred 0.29½ acre of land along with a disputed land to defendant Nos.1 and 2 against proper consideration money on 28.10.1986 and delivered possession in favour of defendant Nos.1 and 2. The plaintiff Nos.1 and 2 transferred the land to d......ersing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 under mouza No.36 of Rahihnipara, belongs to Abdul J......the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......গে পরে বহুবার রেজিস্ট্রি অফিসে গিয়াছি”। 5. Admittedly, the plaintiffs are illiterate lady. It has been detailed that the deed in question was obtained by practicing fraud upon them. It is now settled principles of law that when a..Category: Property Law | Date: | Hits: 84
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