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Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....on published in L.A. Case No.66 of 1957-58 on 21.03.1963 did not categorically mention about which portion of land in C.S. Dag No.164 was acquired; that the authority has not followed the mandatory provisions of Section 5(1)(a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 and as s......lease order was cancelled on 13.05.1985 by Martial Law Order No.128. 5. Mr. M. Amir-ul Islam, learned Counsel, appearing for the petitioners submitted that the High Court Division gravely erred in law as well as in fact in ignoring that the said purportedly acquired lands had not been used by the..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......issued therein having been discharged the plaintiff has come up with the instant leave petition. 6. The learned Advocate appearing for the leave petitioner submitted that the courts below erred in law in not noticing that in a case for Specific Performance of Contract only issue to be adjudicated..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
.... did not pay any heed to his request. 3. The writ respondent No.5 contested the writ petition refuting the allegations made therein and claimed that the lands in question were acquired under the provisions of the (Emergency) Requisition of Property Act, 1948 after performing all formalities on ......y, 1996 after about 43 years of the date of acquisition by the Government. There is no scope to make any prayer to the Minister-in-charge of the Ministry of lands for release of the property as per law. As soon as the lands were acquired and the gazette notification is published. under section 5(7..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....gift is a forged one, by comparing himself the signature of late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has commi...... his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision which has occasioned failure of justice. In support of his..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....িল রেজিষ্ট্রারী করার তারিখ ছিল কিনা জানিনা।” 14. So, in view of the said statement of the P.W.1, the suit is hit by the provision of section 29 of the Contract Act which reads as follows: “Agreements, the meaning of......the suit land and that the plaintiff could not even prove the date of the agreement or payment of consideration money. 9. But the appellate Court believed the oral agreement under misconception of law and for non consideration of the evidence on record to its true perspective. 10. When oral ag..Category: Property Law | Date: | Hits: 108
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....for principal and interest. This new schedulement is illegal and malafide and has been done at the instance of the present Chairman of the Board of Directors of IFIC Bank. It has clearly violated the provisions of sections 29 and 45 of the Bank Companies Act, 1991 as well as the aforementioned circu......pon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... On 10.04.2008, the petitioner asked for adjudication under clause 24 of the condition of contract, but no action was taken. The petitioner could not resort to Arbitration as without completion the provisions of adjudication, there was no scope for Arbitration. 4. Respondent No. 5 filing an aff......ng the contract inasmuch as evidently the delay in execution occurred due to the fault of the respondents, not the petitioner. The learned Counsel also submitted that the High Court Division erred in law in discharging the Rule on grounds of maintainability inasmuch as it is trite law that breac..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....ition. 5. The respondent-bank contested all the writ petitions by filing separate affidavits-in-opposition, contending inter alia that the mortgaged properties were put to auction sale under the provision of section 12 of the Artho Rin Adalat Ain (Ain). 6. The High Court Division heard all t......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal ju......intainable as contemplated in sections 4 and 5 of the Emergency Powers Ordinance, 2007 debarring challenging of the Acts of the delegated authority in any Court; that the High Court Division erred in law interpreting section 26(2) and 27(1) of the ACC Act, 2004 and Rule 15(5) of the Emergency Powe..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......ischarging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......ther contended that both the Courts below concurrently found the plaintiffs' title and possession in the suit lands and that since the defendants denied their claim, the High Court Division erred in law in holding that the suit for partition is not maintainable. It is further contended that sin..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....the lower appellate court came to the conclusion that the plaintiffs were able to prove settlement of the suit land from Abani Mohan Roy Chowdhury, and the Rent Suit was maintainable in view of the provision of Section 68C of the State Acquisition and Tenancy Act, 1950 and the decision reported in......dant government having failed to prove that the suit land was enlisted as vested property, the High Court Division did not reverse those concurrent findings and therefore, in view of the principle of law, the judgment of the High Court Division is not sustainable in law. 7. We have heard the lear..Category: Property Law | Date: | Hits: 80
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......etitioners objected. Thereafter in the Miscellaneous Case, the Respondent filed an application under order 7 Rule 11 of the Code of Civil Procedure for rejecting it stating that the case is barred by law. The petitioners filed objection stating that order 7 Rule 11(d) of the Code of Civil Procedure ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....t plot with other land in his saham and other co-sharers got other land, that while possessing in such way Nabin Chandra died, leaving his only son, Jagabandhu Saha, who inherited the same and as per provisions of State Acquisition and Tenancy Act, the khas Khamar title was converted into Raiyati jo......and others reported in 3 MLR (AD) 284 in support of his contention. 18. Now the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passing the judgment dated 20-1-2002 which has occasioned failure of justice. 19. It is ad..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......nur and on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......the 4(four) others pleaded guilty to the charge, Convict Arif having remained in abscondence did not face the trial. All the 6 condemned prisoners were present during trial, but refused to engage any lawyer to defend them and demanded their trial in accordance with, what they call the law of Allah. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....un concurrently. Learned Tribunal further deducted from the sentence of imprisonment the period the jail appellant had been in custody in connection with the offence before conviction in terms of the provision of section 35A of the Code of Criminal Procedure. 2. This Court however, issued a suo m......, Learned Tribunal framed charge against the jail appellant for offence punishable under sections 19(a), 19(0 of the Arms Act to which he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution produced 5 witnesses before the Tribunal..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....eal should be dismissed. 20. At the very outset let us begin with the second line of the argument of the learned Counsel for the condemned prisoners to the effect that, whether in the instant case provisions of section 342 of the Code of Criminal Procedure have been duly complied with or not in i......Islam called him and told him that there was an outcry coming from the house of his brother and then he (PW 2) rushed there and saw his brother Abdul Khaleque lying injured on the floor and sister-in-law (informant) crying out and he also raised alarm and thereafter his brother Malek Bhuiyan, father..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......19 DLR (SC) 36 and Mofizuddin Patwari Vs. Abdul Hakim and others, 33 DLR (AD) 305. 25. Secondly, if the record of rights is changed by way of mutation in accordance with the procedure laid down in law by a valid order before the commencement of the proceeding for preemption the pre-emptor must be..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....he application must be made at the earliest possible opportunity and in all cases where issues are settled, at or before the settlement of issues; and (ii) notice must be given to the other side. The provision as to notice is mandatory. Such notice may be given by the party making an application or ......ment hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decisi..Category: Civil Law | Date: | Hits: 92
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