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Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......o.335608 on the basis of said license and held the pistol by renewal of the license time to time. It is further stated that the petitioner needed the pistol for the safety and security of life and property of his family. 8. It appears the impugned order dated 27.03.02 issued by respondent N..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......e name of all other purchasers including the pre-emptor there was no relation between the old Khatian and the new B.P. Khatian and at that time the opposite party No.2 Biren pro­posed to sale the property to the contiguous land owners but the petitioner was not inter­ested to purchase the said..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....ed to state in the plaint as to what proof he had with regard to the requirement of rebuild­ing. A plaint contains facts, not proof. On both counts, namely, (a) bona fide re­quirement for his personal use and the use and occupation of his family members and (b) bona fide requirement for rebu......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ...... a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon the plaintiffs-opposite parties. 3. The plaintiffs suit in short is that the suit property under the Mouza Bhaigor, C.S. Khatian No.392, C.S. Dag No.752, measuring .27 acres of land ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......unt No.5721 in Agrani Bank, Daulatpur Branch and sent Tk.5,80,000.00 and also Tk.3,50,000.00 i.e. the money received from house rent, to the accused petitioner. The accused petitioner sold the landed property of the complainant purchased in the name of the accused petitioner at a cost of Tk.13,25,00..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

....s legally justified in allowing the same construction expenditure twice—once in the form of salaries of employees for supervision of construction works and in the form of 15 per cent rebate for personal supervision in the case of an assessee whose main business is construction of houses? ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ......endant Nos.1-7 contested the Suit by filing a written statement contending that Kabul Bibi was the owner in possession of 105 acres of land and while in such possession she made a gift of the said property in 1946 in favour of her full brother Nazir Hussain and subsequently Nazir Hussain execute..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....ral occasions to bring her back but the petitioner refused all the times. While the position was such the opposite party on 19.10.2001 received a divorce notice from the petitioner and accordingly he personally appeared before the Arbitration Council. The talaq was ultimately executed due to non-app......capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. (iii) If the minor is old enough to form an intelligent preference, the Court may consi..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title a..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....yan Katripakkha) most illegally did not take any step to execute the Government decisions which tantamount to relinquish the state power with regard to public interest by the public servant for their personal gain. The learned Advocate next submits with force that the respondents are jointly and sev...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....p to November.1990 as a result of which interest has been added to the instilments. The Bank requested the petitioner by its letter dated 24-10-1992 to pay the amount due. An officer of the Bank also personally met him on 20-10-1992 and asked him to pay the installments by 27-11-1993. Thereafter, on......te justice, did not interfere with the judgment of the High Court Division. 21. Furthermore, from the judgment of the Appellate Division it appears that in that case the respondents acquired the property by way of inheritance after the death of one Nurul Haque Patwari and the writ petitioners d..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... the suit properties Mukunda and Gopal Chakraborty are the sons of Govinda Chandra who are the citizens of India and they have been living in India permanently having citizenship for which the suit property have been enlisted as Vested Property. One Abdul Barek prayed for lease of the suit prope..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ty by birth with his father unlike Dayabhaga or Muslim law but ultimately held, of course, most erroneously that the Ordinance shall override the Hindu law particularly Mitakshara Hindu law, which is personal law of a vast majority of Hindus in the subcontinent without any reference to any provision......ee was the head of an undivided Hindu family and that he submitted separate income tax returns in the names of his wife and two sons in the same circle and thereby, he concealed income from the house property. Upon such views, the Deputy Commissioner of Taxes issued notice under section 93 of the In..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....aring Agent of the Opposite Party No.1 vessel when it arrived at Chittagong Port, the absence of any allegation of any cause of action against the Opposite Party No.5 and indeed of any contractual or personal liability of the Opposite Party No.5, to substantiate his submissions generally that the De......t in the filing on 25.9.2005 of a second application, i.e., the application for direction upon the Opposite Party No.5 to pay the balance decretal amount of Tk. 11,33,562.50 and for attachment of the property of the Opposite Party No.5, when in law the proper course to have been adopted by the Petit..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ...... the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned prop..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

....onvict appel­lant submitted that the trial judge committed an error of law and facts and awarded the harsh sentence to the innocent person who was falsely implicated in this case out of local and personal enmity which the trial court could not realize though there were contradic­tions in the d......d that the state­ment what he deposed. He denied that he did not know whether there was any quarrel be­tween Moslem and Hanif with the father of the accused Fazlu about possession of the railway property. He further denied that this case was instituted by the mother of the vic­tim Lipa on the..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate, appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-coming of any bidder t..

Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......sed that the victim Aftabuddin might have been killed elsewhere. He also testified that Kashem Master and Mozibur Rahman wrote the ejahar with whom the accused appellants had dis­pute over landed property for which they might have entangled the accused appellants in this case. Such assertion o..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... in the light of electricity and in the flash of electric torch was false. He denied the defence suggestion that the accused were implicated because of any dispute with them in connection with landed property. 18. P.W.3 Md. Jahirul Islam stated in his deposition that the informant (P.W.1 Mokbul G..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26