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....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
....... Controller of Estate Duty reported in 1969 PTD 494. The reported case, we cannot but conclude, was cited out of confusion. This related to-payment of estate duty on vast cultivable and uncultivable land upon the death of the owner thereof. We thus leave it out of consideration. The respondents how......
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......aul, Advocate—For the Petitioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the l......য্য রহিল”। By order dated 9-9-99 the learned Subordinate Judge directed that the power of attorney executed by Ramesh Chandra was to be filed on 16-9-95. The power of attorney in question was filed and prayer was made for keeping the same in safe custody. The learned Subordinate..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223....... to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assistant Judge, Saturia being Miscellaneous (Pre-emption) Case No.5 of 1995 for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. The case of the pre-emptor, in short......ediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......gment and order dated 30-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor institu..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....by suppressing summons. They were required to serve notice of the preemption case in the foreign address of her husband. They were not aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land for weeding, her fat...... order of preemption by suppressing summons. They were required to serve notice of the preemption case in the foreign address of her husband. They were not aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land...... SK Afzalur Rahman, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Pro....... 16. The submission as to objection against authorisation at initial stage has got no substance. It is Umme Kulsum who made her application on due authorisation. It is not correct to say that the question of authorisation was not raised before the Court. Question was raised by her and decision o..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273....... the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......to see in the trade marks and to which his attention would mostly be drawn. Where the resemblance is limited to non-essential or minor details the Court may not consider the facts. The most important question involved is the protection of public interest. 15. Similarly, the Registrar may, under s..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....ah and others reported in 42 DLR (AD) 53 wherein it has been held that the claims of the parties in a suit under section 4 of the Partition Act are to be determined with reference to their respective possessions existing at the time of filing of the suit. It is to be noted in this connection that in...... Suit No. 88 of 1981, alleging, inter alia, that the suit property is a dwelling house bounded by pucca boundary walls within the city of Chittagong and it contains an area of 5 gondas and 2 karas of land. Defendant Opposite Party No.1 purchased the suit property by sale deed between 15-5-81 and 21-....... Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stranger purchaser for buying up his share through the Court. The object of this......ance with the principle of equity, justice and good conscience. Since in the instant case the plaintiff petitioners opted to purchase the share of the stranger purchaser in the undivided homestead in question immediately after the purchase of the same by the stranger defendant, we are of the view th..Category: Property Law | Date: | Hits: 42
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......e issue under Article 102 of the Constitution and ought not to have expressed any opinion on the issue. It ought to have rejected the writ petition in limine on the ground of maintainability, as no question of coram non judice or malice in law was raised in the writ petition." 14. It further ap..Category: Election Law | Date: | Hits: 127
....e subject whatever the cause of its deprivation.
9. The substance of grounds upon which order of detention has been founded are:
(a) The detenu is a marked terrorist and he is alleged to be in possession of illegal arms. A two barrel gun, one barrel gun, fifty-two rounds of cartridges and oth......d detenu be brought before it to be dealt with according to law and he is not being held in detention illegally and unlawfully and be set at liberty. This concept of the freedom of the citizen of the land in case of unlawful detainment, either in prison or private custody, originated from England, b......her case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......fects order while “public order” has a narrower ambit and public order can be affected by only such contravention which affects the community or the public at large. When an order of detention is questioned, it is for the Court to apply well known tests to find out whether the impugned activitie..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....lso argued that the materials recovered and seized at the time of his arrest may come within the omitted clause (g) of section 2 of the Special Powers Act, 1974 but after omission of that clause (g), possession of those materials cannot be considered as prejudicial act within meaning of section 2(1)...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... be detained under section 3(2) of the Special Powers Act, 1974. It appears to us that Mr. Islam only considered the first portion of that paragraph but not the paragraph as a whole. To consider this question the same paragraph is quoted below: “উপরোক্ত অনুচ্ছেদে..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......e inimical to the informant and his sons. On 19-3-1990 at about 6-20 PM one Sukur Mahmud, Lebu Miah and Abul Hossain were returning home from Ballahat and when they reached near the ridge of the IRRI land of Abdur Razzak Ansari of village Singair accused Nur-e-Alam, Razzaque, Joynal, Nur Islam, Lebu...... secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......the Bench and the Bar to find out the material substance of the cross-examination and on our meticulous reading the whole evidence we find that the cross examination is full of fishing and irrelevant questions which is highly discouraged. 11. PW1 Md. Kismot Ali, the informant of the case, stated ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....e Suit No.116 of 1977, including the present plaintiff Nos. 1 and 2, but they did not contest the suit, as they had no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by re....... It was obviously no business of the learned District Judge to discover legal infirmity in the said judgment on the alleged ground of absence of possession of the plaintiffs of that suit in the suit land and that too on speculative considerations based on totally inadmissible evidence. It is unfort......ts Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved:......ome important evidence has been discovered, which could not, in spite of due diligence, have been known to the party or being produced at the time of hearing or the Court has overlooked some material questions of fact or law which would have a good bearing on the decision of the case or there is oth..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by the Collector and that possession of the fishery was delivered to him on 27-7-1998; that as against the acceptance of the b......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201....... the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......ishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at the District level dealing with the matter of leasing fishery, the fishery in question required to be leased out by inviting bid through open tender; that the fishery in question..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....tending, inter alia, that their father Late Wazed Ali auction purchased the suit land in Money Suit No.5 of 1932 vide Money Execution Case No. 14 of 1933 of the 1st Court of Munsif, Pirojpur and took possession on 20-2-1934 and since then was in possession of the same. The further case of the plaint......in short, inter alia, that the suit property belonged to Bani Amin and Arab Ali, the predecessors who were the recorded tenants of CS khatian, that during the revisional settlement operation the said land was wrongly recorded in the name of Late Wazed Ali Zamaddar, predecessor of the defendant, henc...... Md. Abdul Aziz J Mahbubul Huq (Md)……………..Petitioner Vs. Md. A Kader Munshi & others ……….Opposite Parties Judgment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & ...... suit. The petitioner further alleged in the application that, in the said written statements they stated the case of auction sale in Money Suit No.5 of 1932 and Money Execution Case No.14 of 1933 in question and produced the Bainama and Dakhalnama of the case in the said suit which were duly marked..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......eeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......ed order the petitioner Court and obtained this Rule and stayed” 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner in support of the Rule has submitted that the amendment in question having the effect of changing/ introducing new fact thereby changing nature and character o..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ....... Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......9 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The resp..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ...... Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......heque was again deposited on 31-8-2000 but this time was also dishonored on 3-9-2000 for the same reason. 3. That the complainant-opposite party informed the accused-petitioner about the cheque in question which was returned as unpaid and for this the accused petitioner regretted and further requ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......d in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... punished so that this can set up an example for other public servants. 4. Mr. Abdul Baset Majumder, the learned Advocate appearing for the contemner, on the other hand, first raised a preliminary question as to the maintainability of this proceeding on the ground that from the cause title it app..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....rent times and on 1-6-1991 the petitioner respondent was informed in writing that no rent would be accepted from him as he was a defaulter and the petitioner was further asked to hand over the vacant possession of the premises to them. Thereafter, in response to that notice, the petitioner-responden......the legal position of realisation of rent in lump for 5 months from March to July 1991 or earlier before the month for which the rent had become due and transmission of the same by money order to the landlord in the context of law laid down in section 19(1) of the Bari Bhara Niontron Ain, 1991 (Act ...... 54 DLR (2002) 224. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....f filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declaration of her title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabal...... No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declaration of her title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 da...... Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: Rokanuddin Mahmud, Advocate—For the Petitioner. Golam Arshed, Advocate—For the Opposite Parties. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......n which compromise decree was passed on 24-2-84 and since the opposite parties failed to pay the decretal dues the petitioner at first filed Money Execution Case No.1 of 1985 in which. 0.7 ½ acre of land situated in khatian No.563, as shown in column 2(a) of the Form of Money Execution Case No.5 of...... Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one judgme......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217...Category: Civil Law | Date: | Hits: 82
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