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Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....and' as they are landless people and the authority after due consideration, settled the land measuring 6.85 acres of land in their names in the year of 1976 and the plaintiffs got no right, title and possession in the suit land but brought this suit with false allegations and as such this suit is li......4, 148 and 170 belonged to the plaintiffs who are owner on the basis of records of right, by way of inheritance and by purchase and by accretions from the river Bishkhali on the western side of their land of the above mentioned khatians, which the predecessors of the plaintiffs have been possessing ...... petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......dated 6th August, 2.009 of a Single Bench of the High Court Division in Civil Revision No.3069 of 2008. 2. Petitioners instituted the Miscellaneous Case. No. 23 of 1997 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act. According to them, .06½ acre of land of ......, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1...Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....roperty in fact was owned by Bonde Ali and that Rahim Box was never son of Monsur Ali and the suit property was not the property of Rahim Box and, as such, the plaintiff nor her co-sharer had been in possession of the suit property and, as such, the plaintiff had no locus standi to file the suit and......, hereinafter referred to as the Code. 10. The learned Advocate further submits that on the basis of the documents both the Courts below by the concurrent finding came to the opinion that the suit land appertains to Khatian No.123 and there was no scope for any doubt as to identity as to the land......ent: Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam,...... the plaintiff being successful to prove that Rahim Box and Bonde Ali were brothers and that both the Courts below earlier coming to the finding on this issue on the basis of evidence on record, this question could not be decided again in a review application filed by the defendants and the learned ..Category: Property Law | Date: | Hits: 59
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......charged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......lam Chowdhury— For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General— For the Respondents. Writ Petition No. 511 of 1998. Judgment AM Mahmudur Rahman J. - This Rule calls in question the levy of customs duty on the basis of Tariff value instead of registration value pursuan..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
...., 2003 in Mortgage Decree Execution Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No.......tion Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No. 354 corresponding to S.A. Khat......copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......etitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 3. The petitioner’s further case is that the land in question is situated vertically from north to south. They have been possessing the same from the sou..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......r Vs. Abu Sayeed Mondol……………….. Respondent-Contemner Judgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross c......he Chairman of the Managing Committee, or in absence of Managing Committee by the District Education Officer and to send it for encashment to the bank concerned. Before forwarding it to the bank, the question of signing the same by the petitioner did not arise. Even then, the petitioner was very muc..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......ents inter alia, that she was an illiterate and a simple woman living in village and suffering from mental illness. Her full brother, the defendant (herein the petitioner) cultivated their father’s land and she would have proportionate share of the crops produced. In late Aswin, 1384 B.S the defen......e record to the Court below immediately. Ed. This Case is also Reported in: ......hat she would transfer her land to him; that she had willingly executed the deed of Heba-bil-Awaj in presence of the witnesses, and had full knowledge and understanding of the contents of the deed in question. 5. On the aforesaid pleadings the trial Court framed issues mainly on maintainability, ..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ee holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling of schedule-A property out of 4 (four) schedules. The petitioner company is the owner-in-possession of the said property, which it mortgaged in favor of the decree-holder bank as a third pa......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......he judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......ltana, Advocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No. 131..Category: Procedural Law | Date: | Hits: 95
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....der to prevent him from causing prejudicial act for the large interest of public. 9. In the instant case we find that there are detailed narration of series of overt acts of the detenu relating to possession of unlicensed arms, abduction/attempt of abduction of minor girl and repeated murders. Th......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......has been allowed bail or discharged after submitting final report against him and that there being specific cases pending against the detenu he may be dealt with suitably in those cases and, as such, question of detaining him under the provisions of the act does not arise. The statements mentioned i..Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....rt, is that on 5‑11‑97 at about 9‑10 AM the police found 250 bottles of Phensidyl, each contained 100 ml, totaling 25 liters and 72 pieces of Indian woollen mufflers worth of Taka 32,200 in the possession of the appellant in front of Mallik Bari at village Taherpur under Police Station Chougac......l. IV, second print and edition, 1954. It is found in the wild or is cultivated, of course, in secret in and around the south and east of Afghanistan popularly known as the Golden Crescent and in the land blocked area surrounded by Myanmar, Thailand and Laos called Golden Triangle. Poppy is a wild o......e, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Criminal Appeal No. 31 of 2001. ......and accordingly, allowed the appeal and acquitted the appellant. It also found Phensidyl was always being used as a cough linctus (syrup). 37. In the case of The State Vs. Miss Eliada Maccord, the question arose before the Appellate Division was whether the heroin seized was pure heroin or mixed ..Category: Criminal Law | Date: | Hits: 90
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......er of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563....... that though respective petitioner filed appeal to the appellate authority did not challenge the punishment on the ground of want of materials, against him in his petition of appeal and, as such this question cannot be raised for the first time before this Court. He further submitted that no malafid..
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......oever" [Wilmot,J. in Sparks V. Martyn (1669), 1 Vent.1]. These observations are followed by Cockburn, CJ. "In the case of superior Courts at Westminister, which represent the one Supreme Court of the land, this power was co-eval with their original constitution, and has always been exercised by them......Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......h “presentation of the report-in-issue” was that the highest Court of the country passed the “orders in reference” at the dictation of the learned Attorney General or his officers and thereby questioned the impartiality and independence of the highest Court of the Country, which is dangerous..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....allowing with the plaint the documents on which he relies in support of his claim on the day of presentation of the plaint and that if the plaintiff relies on any other documents which are not in his possession he shall enter such documents in a list to be added or annexed to the plaint and state in......d thereby correctly held that this Rule is directory and not mandatory.” In the other case as seen from the law report the plaintiff filed a suit for specific performance of contract for sale of land. Defendant No.1 filed written statement denying the execution of the agreement for sale on the ......he discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......nally or through the learned Advocate and, as such, allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after considerati..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......e and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......f the gift of Taka 1,40,000.00 made by Md. Abul Kashem. Being aggrieved by the aforesaid order of the Taxes Appellate Tribunal the assessee applicant preferred this reference and raises the following questions-
“Whether on the facts and in the circumstances of the case the Taxes Appellate Tribu..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......hairman and Md. Shiraj Mollah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-well machine in question in terms of the agreement entered into by the parties and eventually accused Eman Ali, in c..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......rve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......isposal on merit on the basis of the evidence on record. 13. I have carefully gone through the impugned judgments as well the evidence of the 6 witnesses examined by the prosecution. To decide the question as to whether the impugned judgment and order of conviction and sentence are sustainable in..Category: Criminal Law | Date: | Hits: 37
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......leared. But it appears from the concerned file that the Deputy Collector of Customs initially correctly detected that the importers have failed to clear the goods within seven months from the date of landing of the same and there has been violation of Article 16(6) (j) of the Import Policy Order and...... Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......3. The respondent Nos.1-3 are contesting the Rule by filing an Affidavit-in-Opposition wherein they have denied the material allegations made in the writ petition and contended that the containers in question entered in Chittagong port in the month of October, 1997 while the Master LC of the petitio..Category: Fiscal/Taxation Law | Date: | Hits: 83
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......presumed, and in the absence of any evidence to the contrary this fact is proved, unless it is proved otherwise by the addressee who may however, prove with the onus lying upon him that the letter in question never reached him. Reliance in this regard may be placed in the case of Hari Pada Dutta Vs...Category: Trust/Waqf Law | Date: | Hits: 189
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
...... respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......
Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.
2. In all the above mentioned 3 writ petitions Rules were..
Category: Employment/Service Law | Date: | Hits: 87
....lot No. 802 and the area of property is 2.75 acres and during the all previous Record of Rights plaintiff School’s name was recorded. The plaintiff School has been exercising acts of ownership and possession on the suit property on regularly paying rents to the Government and also taxes to the Mu......fall of Nawab Serajuddowla, the then employees of East India Company, for the education of their children, decided to establish schools and for that purpose forcibly possessed the graveyard and other land of the Mosque. During Cadestral Survey Record of Right 0.0784 acre of land was recorded in Khat......
St Francis Xavier’s Girls High School……………Opposite Party
Judgment
August 12, 1999.
Cases Referred To-
Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151.
Lawyers Involved:
Not Represented ......t reveals that the identity of the suit property had not been at all challenged by the defendants. It is well recognised that if identity of the suit property is not challenged by the other side, the question of holding local investigation relaying the property does not arise at all.
Moreover, si..
Category: Property Law | Date: | Hits: 68
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