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.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......d was in his khas possession. On 12th Jaishta, 1354 BS Md. Haja Mondal executed and registered a kabuliyat in favour of the Landlord. During Revisional Settlement Operation, the suit land was wrongly recorded in the name of the ex-landlord, opposite party No.2. The title of the petitioners’ predec...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
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.......that the Courts below under misconception of law and because of wrong interpretation of the meaning of President’s Order No.149 of 1972, and for misapplication and miscalculation of the evidence on record, have dismissed the suit of the plaintiff, illegally. So, the judgments and decrees of the tr......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...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, 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.......ter on, the successive heirs of Dhanobar and Nafar who are defendants 7-10 sold the suit land to the plaintiffs by two separate kabalas dated 21-9-1972. The kabalas are 3 and Exhibit 3(a); but the SA record was wrongly prepared in the names of the defendants 4 and 5 and on the strength of that recor......l. For the reasons and discussions made above, 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...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.
......ional Commissioner, Chittagong who heard the said appeal by the impugned order dated 21-6-99 set aside the order of the Deputy Commissioner dated 24-2-97 in Civil Suit No.17 of 1995 and sent the case record to the Deputy Commissioner.
5. Being aggrieved by said order, petitioners moved this Court......se and ultimately a charge-sheet was submitted against him for misappropriation and defalcation of money on 3-2-90. However, on the basis of another Enquiry Report he was reinstated on 14-3-91 in the service and thereafter another High Power Enquiry Committee consisting of 5 members was formed in 19..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....properties, the suit property was sold by said Raj Kumar Ghose for Taka 12,000.00 only to the plaintiffs on the aforesaid date being 26-2-1951 and put them into possession as bona fide purchasers for good and valuable consideration and the so-called purchase by the defendant No.1 of the suit land in...... and the sale to the plaintiff of the suit land is void, does not have any leg to stand. 21. Mr. Bhuiyan submits that no fraudulent intention from any corner in releasing the property found in the record. Mr. Bhuiyan further submits that although no formal application has been exhibited showing p......e 21 of 1955-56 and notice under section 7 of the PDR Act was served on 8-7-1955 but plaintiffs’ purchase is dated 26-2-1951. Therefore, the finding and decision of the Courts below that because of service of notice under section 7 of the PDR Act no legal sale could took place of the suit property..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... map, Index and his signature. He, also identified Alamats i.e. one country made pipe-gun and two live cartridges. Further testimony recorded by him was that accused was a well-marked terrorist and a good number of cases were pending against him. 8. Special Tribunal No.14, Chittagong on consider...... of the Court that the witnesses spoken truth. Tribunal believed the testimonies of the police witnesses who cannot be characterised as witness inimical to convict-appellant. There was no material on record on the basis of which police witnesses could be classified as partisan witness. Even if it is......nd two live cartridges had been recovered from the possession and control of the accused and he kept those arms in his possession and control for commission of crime. 9. Basic grounds pressed into service in the appeal and contentions canvassed are catalogued hereunder: (i). Special Tribunal p..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. ......2 of the Specific Relief Act as the plaintiff has got no cause of action for the suit. On inspection it was found from the meter card kept in the plant of the plaintiff that the gas flow pressure was recorded in between 4 and 8 PSIG though it was fixed earlier at 5 PSIG. On 17-10-96 the pressure was......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
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... did not assault him and he admitted that he did not notice as to who stabbed Azhar. He also stated that the shops were closed due to the occurrence and the people were running away and he was not in good mental and physical condition when he was being examined by the police. He denied suggestion th......the dead body of Azhar and forwarded the dead body to the morgue for post-mortem examination. Inspector Md. Jahurul Islam Chowdhury prepared sketch map of the place of occurrence with separate index, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure and also rec...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......arned Advocate for the petitioners, submits that all the documents of the plaintiffs were duly admitted without any objection and proved, but the Court of appeal below without seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismi......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....etention of the said vessel. 3. Respondent No. 1 has contested the Rule by filing affidavit-in-opposition stating, among others, that since the shipping agent, respondent No.6, and the supplier of goods, respondent No.5, were responsible for supply of damaged and bad quality of rice mixed with co......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.......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...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....lding inquest only one injury at the back of the deceased was found. He further stated that on the date of occurrence he heard that there was a maramari in their para. He also stated that they had no good relationship with the condemned prisoner. He further stated that P.W.3 is a neighbour of the co......lsely implicated in this case. 6. The prosecution in this case in all examined 16 witnesses and the defence examined none. The learned Additional Sessions Judge in consideration of the evidence on record, facts and circumstances of the case convicted the condemned prisoner Shamim @ Shamim Sikder ......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...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....mpany incorporated, having its corporate office at 146 W 29th Suit No.6 New York 10001, USA of which he is the president. It is the case that his company imported millions of dollars worth of garment goods into USA from Bangladesh and the export is done mostly by air freight. The local office theref...... 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. ......efore the income tax matter is settled. On 29-4-92 the petitioner filed two Income tax returns for the year 1990-91 and 1991-1992 and with other supporting documents while it was pointed out that his service contract with the company was not for two years rather he was President and the Chief Execut..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....iod of fifteen years. As the proprietor of the Trade Mark, the plaintiff has been manufacturing and marketing cycle and rickshaw tyres and tubes using said device of elephant, and achieved popularity goodwill and has thus become the leading tyre manufacturer and seller in the country. Tempted by the...... 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. ...... 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. ..Category: Intellectual Property Law | Date: | Hits: 230
.... unless the Government proves that the citizenship of the original owner was cancelled or the Government forms opinion that his activities were prejudicial to the interest of Bangladesh does not hold good in view of the provision of section 2(1) of Presidents Order No.16 of 1972 which is as follows:......s rightly taken over by the Government as abandoned property.
4. Respondent No.2 by filing a supplementary affidavit annexing a photocopy of the bainapatra (Annexure-I) available in the Government record stated, inter alia, that Ali Mohammad Abbas died on 16-6-1979 in London. The receipt of money......ons stated here in above the Rule is liable to be discharged.
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.
..
Category: Property Law | Date: | Hits: 103
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....l) and restored the order of the DCT. It is further stated that the Tribunal communicated the said order to the petitioner on 29-11-99 when she had a massive heart attack and she was also not keeping good health seeing the murder of her husband and the aforesaid order was misplaced by her which was ......9 inasmuch as she was misled by ill advice of her lawyer to file an application for rectification before the Tribunal under section 173 of the Ordinance as the mistake was apparent on the face of the record. The learned Advocate further submits that a litigant should not be punished for the negligen......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
....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.......lied with the provisions of section 13A(1) and (3) of the Act and a legal presumption is attached to the certificate issued by the Chartered Accountant and in the instant case there is no material on record to rebut the legal presumption as to the correctness of the audited account of the applicant ......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...
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. ...... respondent No.2 made a final notification without considering the territorial units, distribution of population and administrative convenience. He also did not make some inquiries and examination of records and consideration of the opinions of the people before publishing the notice in violation of...... 7-6-98 for hearing of objections/suggestions before the Joint Secretary, Md. Maksumul Hoque and endorsed copies of these notices to the Deputy Commissioner and the Delimitation Officer for effecting service of the notice upon the persons who filed the said objections. In the said notice the Delimit..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....o record was produced to prove that the petitioners were ever housed at 28, Purana Paltan. So, when the mail was not properly addressed, there is hardly any scope for holding any valid presumption of good service. Section 27 of the General Clauses Act may be referred to. Besides, there could not be ......ltan, Dhaka. The respondents wanted to rely on the acknowledgment dated 08-04-99 to say that the notice for show cause dated 08-04-99 was sent by the said mail and received by the petitioners. But no record was produced to prove that the petitioners were ever housed at 28, Purana Paltan. So, when th......eight of the proposed building. 60. The petitioners denied to have received any of the letters. They further said that their office was transferred to the ‘Rangs Bhaban’, before 1998. To prove service, the said respondents annexed photo copy of the acknowledgments to their supplementary affid..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. ...... without knowing the incident, he made various allegations in his FIR. 6. PW 2 Shahadat Hossain testified that he was an Assistant Commissioner and a Magistrate at Brahmanbaria. On 2‑2‑1998 he recorded the dying declaration of victim Hazera Begum of village Dattapara, Union Kalikaccha, PS Sar......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. ..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. ......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 accordingly, convicted and sentenced them as aforesaid. 6. Be...... 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. ..Category: Criminal Law | Date: | Hits: 129
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