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.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......le as the writ petitioner could avail alternative remedy by way of filing an appeal against the direction given by the learned Subordinate Judge in his judgment and decree. He also submitted that the question of violation of natural justice did not arise as the writ petitioner was examined as PW 2 a..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
.... the prosecution has not been able to bring any evidence to show that before issuance of the alleged notice the government had any initial satisfaction on any report to hold that the appellant had in possession of properties disproportionate to his own income. Referring the notice, exhibited in cour......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......t be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......he office of Prime Minister. These are all about the evidence against the appellant adduced by the prosecution in order to prove the charge brought under section 4(1) of Act 26 of 1957. 9. Now the question as raised by the learned Advocate for the appellant is whether, for failure to furnish part..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
.... application of the above petitioners. 2. In the application, it is stated that decree holder Md. Mahbubur Rahman Mia instituted Title Suit No. 101 of 1989 for declaration of title and recovery of possession. The suit was then renumbered as Other Suit No. 22 of 1992. On 29-10-95 the suit was decr......n 12-9-99 instituted Partition Suit No. 153 of 1999 in the Third Court of Subordinate Judge at Chittagong against said Mahbubur Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as descr......iah & others……….Opposite Parties Judgment February 19, 2002. Cases Referred To- Abdul Aziz vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker vs. Prem Lata. 49 DLR 583; Brink’s Mat Ltd. Vs. Elcombe and others, (1988) 1 WLR 5O; Abdul Aziz vs. Abani Mohan; SP Chengalvara......r the passing of the decree, the court can entertain an application under section 151, of the Code of Civil Procedure in appropriate case where fraud was practiced upon the Court and in such case the question of becoming functus officio after pronouncement of judgment and signing a decree does not a..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......respondent No. 2, and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that Meser Mohalder already transferred the case land to Tariqullah Biswas in 1924 and therefore his heirs had no right or title to transfer the same......tion which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....to 4.546 acres of land but not in respect of 1.68 acres of land. It appears from the Annexures to affidavit-in-opposition filed by the Corporation that the Municipal Corporation was given delivery of possession as far back on 05.07.1986 (refer Annexure-5 to the affidavit-in-opposition of respondent ...... Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Petition No.4338 of 2003 was issued calling upon ...... concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e facts and circumstances of the case, is entitled to resile from its earlier decision of allotment in favour of the Samabaya Samity to serve larger public interest; and (iii) in not adverting to the question of prime khas land of the Government situated in the heart of the city sought to be allotte..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
.... used to reside with their husbands and they did not get any saham in plot no. 325 out of .61 acres, i.e. eastern portion of land was possessed by the plaintiff and the western portion thereof are in possession of the defendant No.1. Defendant No. 12 out of his legal necessity, sold .10 acres of lan......spondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C.S. khatian No. 261 being plot No. 325 measuring .61...... which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
.... Humayun, Nurul Huq and Selim and consideration money was fixed TK.75,000.00 and it was also settled that the plaintiff gave TK.50,000.00 to the defendant No.1 as baina and the defendant will deliver possession of the suit land in favour of the plaintiff and the persons present in the sitting expres......ffirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an ami......l for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the suit land by both the Courts below caused total miscarriage of justice and also caused failure of justice. 5. It appears that the instant suit is for Specific Performance of Contract, the main question is whether there was a contract for sale of the suit land between the plaintiff and the d..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....Ali and subsequently executed a registered kabala dated 3rd Falgoon, 1323 B.S. for entire jote in favour of said Safar Ali who in turn sold 12 gondas of land to Asmat Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas Ali and remaining 8 gondas of land which is t......ted to sell 12 gondas 96 decimals to Safar Ali and subsequently executed a registered kabala dated 3rd Falgoon, 1323 B.S. for entire jote in favour of said Safar Ali who in turn sold 12 gondas of land to Asmat Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas ......xtended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......the deletion passed by the Commissioner of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appella..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......2002) 481.......age on the very same grounds on which he on 22-10-2000 filed Title Suit No. 196 of 2000 before a Subordinate Judge. Family Court has got every jurisdiction to decide to whether the ‘kabinnama’ in question is a genuine and valid document or not and whether any marriage between the petitioner and ..Category: Family Law | Date: | Hits: 185
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......e discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......- The Civil Revision Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferr..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....he petitioner and the petitioner had knowledge of the case from the very beginning. They further contended that after the ex-parte order was passed they started Execution case No. 114 of 1982 and got possession of the land under pre-emption through court. 3. Mr. Abdul Momen Chowdhury in suppor......e petitioner for setting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting certain land. 2. The petitioner who was pre-emptee in the aforesaid pre-emption case filed an application...... Chowdhury, Advocate—For the Opposite Parties. Civil Revision No. 276 of 1984. Judgment AM Mahmudur Rahman J.- This Rule arises out of an order of the learned Munsif, Cox's Bazar dismissing the Miscellaneous Case No. 81 of 1983 filed under Order 9, Rule 13 of the Code of Civil Procedur...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....s of ammunitions from the guards of the Nikli Branch of the Agrani Bank who were traveling by the same launch. The dacoits also took away an amount of Tk. 600/- in cash and some other papers from the possession of the serang of the launch. It is also the case of the prosecution that at the time of t......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......d to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66....... against the appellant. From the evidence on record it is found that a dacoity has been committed on 29.9.77 in the launch M.L. Mamun and the prosecution succeeded in proving that. 30. The vital question that shall have to be decided in this case is on the complicity of appellant Angur. It is..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......s directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......or reflection. In order to ascertain whether the accused was prepared to make a statement of his own free will the Magistrate is required under Paragraph 5 to examine the accused by putting various questions. But paragraph 5 of Ext. 5 (c) does not show that any question was put to the confessing a..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57........L.R. (A.D.) 303 which reads as follows: "Mr. Paul the learned counsel argues that the learned Judges of the High Court were wrong in deciding the disputed question of facts relating to title to land which could only have been done by taking proper evidence, oral or documentary.... The quest......scharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......required to do what they have omitted to do and failure on the part of the officials and the Authority to perform what they are required under law to perform is wholly unconnected with the disputed questions of fact involving in this case. Mr. Ahmed argues that Annexure 'A' issued by the Presiding..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......ischarged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51...... i.e. from the time of filing the nomination papers, and the same persists till the assumption of office by the elected candidate. The word 'purported' is an act must be in excess of the exact act in question; yet it must also be reasonably connected with the main act. When the candidate or any of..Category: Election Law | Date: | Hits: 104
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....of Assistant Judge, Keranigonj, Dhaka seeking above relives in respect of .21 acres of land of Plot No.37 in Mouza Joynagar, Keranigonj. They claim that the petitioner has been threatening them to dispossession. They prayed for an order of injunction restraining the defendant petitioner from enter......tition for leave to appeal in this Division. 2. Respondents instituted Title Suit No. 26 of 2001 in the Court of Assistant Judge, Keranigonj, Dhaka seeking above relives in respect of .21 acres of land of Plot No.37 in Mouza Joynagar, Keranigonj. They claim that the petitioner has been threatenin......l continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......tion which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......cal children after much efforts with the help of the people and active co-operation of defendant No. 5 and the children of the locality used to learn Holy Quran free of costs and the waqf estate in question has been managed and maintained in proper way as per terms of the waqf deed. It was stated ..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ...... Cases Referred To- Essential Industries Model Town, Lahore vs. Central Board of Revenue; Government of Pakistan Taxation Vol. 17 page 247; Assessee vs. Department 1993 BTD 31; Colonial Sugar Refining Co. vs. Irring (1905 AC 369). Lawyers Involved: Sarder Jinnat Ali, Assistant Attorney-G......ts computed the total income of the assessee at Taka 1,3,494. The assessee respondent being aggrieved by the assessment order preferred an appeal before the Appellate Additional Commissioner of Taxes questioning the disallowances on various heads from profit and loss account. The appellate Additiona..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......nt. He stated that subsequently the miscreants forcibly took away Taka 5,000 from the informant when he was coming back home from Magura. 16. In cross-examination he clearly admitted that he has a land dispute with accused Altaf. He also stated that there are two groups in their village and he be...... bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
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