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Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....r and served as Ward Master of Rajarbag Police Hospital, Dhaka since 1956 continuously till his retirement on 14- 01.92. That there is no reason to include the building of the petitioner as abandoned property. The inclusion of the building of the petitioner in the list of abandoned building is witho......d in: 53 DLR (2001) 94. ......rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is tha..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....Tribunal were justified in estimating professional income without giving any basis whatsoever. (ii) Whether the Assistant Commissioner of Taxes has been justified in imposing income from house property though the petitioner has neither been legal or beneficial owner of the property and the Ta......mmissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred an appeal before the Appellate Jo......al income without giving any basis whatsoever. (ii) Whether the Assistant Commissioner of Taxes has been justified in imposing income from house property though the petitioner has neither been legal or beneficial owner of the property and the Taxes Appellate Tribunal was justified in maintain..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....reement with BSRS dated 28-3-83, and also violated loan agreement with ICB and other Banks. The company is paying respondent No. 2 and his wife salary and other facilities without any sanction by the proper Authority as per Article 149 of the Articles of Association of the company and the company ha......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ......acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respondent No. 3. Thereafter he addr..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from......dvocate of the Supreme Court wrote on 26-11 -94 to the decree holder expressing his readiness to re-pay the outstanding dues of his father on certain conditions. The said letter was then forwarded to legal Adviser for necessary opinion. Upon such letter, Mr Anwarul Azim Khair submits that if the Cas..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Arif Rahman…………………..Petitioner Vs. Commissioner of Customs and others…………Respondents Judgment July 8, 1998. Case Referred To- ......uty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing Order dated 11-6-98 should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to impose the supplementary duty at the rate of 50%..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....tioners are entitled to get restoration of their possession of the land wherein they had been residing as slum dwellers before alleged eviction inasmuch as the eviction as already carried out without proper service of notice will lead to the deprivation of the livelihood of the petitioners and conse......ported in: 53 DLR (2001) 63. ......n of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth situated in different part..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
.... produced Memo No. 10560/Bha: Sha: dated 4-12-2000 issued by the Senior Jail Superintendent,’ Dhaka Central Jail and submits, ‘with reference’ thereto that the accused-petitioner is being given proper treatment and for adequate treatment he has been shifted to NICVD on 22-11-2000 after examina...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ......e for trial on 12-1-1999 and 360 days have already expired on 7-1-2000, but still the trial being not concluded, even not a single witness being produced by the prosecution, the accused-petitioner is legally entitled to bail under section 339C (4) of the Code, and that the accused- petitioner being ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....ginal plaintiff. The plaintiff possessed the suit land since then till his death. After the death of the plaintiff, the petitioners are in possession of the suit land. 5. In order to grab the suit property, one Kadam Ali got the VP Case No. 43/80 initiated and on 2-6-1980 obtained lease. When the......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12......issing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petition..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....ct VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentation before the proper Court by his order dated 05-07-86. 4. Thereafter, on or about 09-04-90 plaintiff made ...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......e Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon him and that he continued in service of the Bank. But upon hearing ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....rst Class Magisterial power of the petitioner be restored. 6. The learned Deputy Attorney-General opposes the Rule. He submits that the order passed by the learned Sessions Judge was legal and proper and, as such, prays for discharge of the Rule. 7. We have heard the learned Advocates ......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......d beyond the scope of his jurisdiction as an Appellate Court in recommending withdrawal of the Magisterial power of the petitioner and in consequence of which, his First Class Magisterial power was illegally withdrawn, as such, he prays that the First Class Magisterial power of the petitioner be res..Category: Criminal Law | Date: | Hits: 29
....ised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts as stated in the writ petition, in short, are that, the petitioners took......
......der dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....rther submits that the decree which was passed by the trial Court on 23-3- 1995 in Title Suit No.177 of 1994 cannot be cancelled now at the instance of the selfsame plaintiffs with regard to selfsame property inasmuch as the decree of the trial Court had been merged with the decree of the High Court...... (2001) 29. ......opposite parties No. 1 to 40 as plaintiffs instituted the instant suit for a declaration that the decree dated 23-3-1995 passed in Title Suit No. 177 of 1994 (formerly Title Suit No. 92 of 1991) is illegal and invalid and the said decree is not applicable to ‘Ga’ schedule land. It is further pra..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma......mmissioner (Land) while initiating a proceeding of mutation of the is not a Revenue Court within meaning of sub-section (1) of section 195 of the Code of Criminal Procedure and therefore, there is no legal bar in making a complaint by a private person against petitioners in respect of a forged Judgm..Category: Criminal Law | Date: | Hits: 59
....ienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, ‘body, reputation or property of any person shall be taken except in accordance with law. Article 32 of the Constitution .......
......should not be declared to be taken/done in violation of their fundamental rights as to residence, profession, trade, calling, etc. and why their confinement in Vagrant Centre should not be declared illegal directing that the sex-workers in custody be brought before the Court so that it may satisfy i..
Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......iminal) Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J The State..............................Petitioner Vs. A Haque alias Abdul Hoque and others ..................Respondents Order February 24, 2010. Lawyers Invol......ill be slow in granting consequential relief under Section 498 on an application for anticipatory bail. The reasons of these respondents-petitioners for anticipatory bail are misconceived and have no legal footing. 7. In that view of the case, this leave petition is disposed of and Criminal M..Category: Criminal Law | Date: | Hits: 30
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....ed another application for mutation. Thereafter, the said respondent No.6 by his letter dated 26.02.2006 informed the respondent No.1, inter alia, that as there was existence of two gifts of the same property and an affidavit was filed canceling the gift in faovur of the respondent No.1 that in vi......010) 130. ......writ-respondent No.8 in favour of the writ-petitioner was invalid and did not create any right, title or interest of the writ-petitioner in the said flat and hence, the writ petitioner not having any legal right the writ petition is not maintainable; that the writ petition having involved a disputed..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....n of the Government. It is further stated that the respondent No.4, CPA has the sole authority to create any lease of their land and none of the respondents have any right to create lease of the said property owned by the respondent No.4 in favour of the writ petitioner neither 1.00 acre of land nor......J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla....... 5. Under such circumstances, the writ petitioner obtained the Rule seeking direction upon the respondents to lease out and handover the said 0.75 acre of land and also challenged the legality and propriety of the aforesaid decision dated 10.07.2001 (Annexure-G) and also the legali..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ...... Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Ismail alias Haji Md. Ismail………………..Petitioner Vs. The State and another……... Respondents Judgment February 3, 2010. Lawyers Involved: ......3, 81,700/-. The cheques were deposited with the United Commercial Bank for encashment but the said cheques were dishonoured due to insufficient fund on 18th May, 2006. Thereafter on 23rd May, 2006 a legal notice was issued on behalf of the complainant upon the petiÂtioner but the said notice was r..Category: Criminal Law | Date: | Hits: 34
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....onj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proÂposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haqu...... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ......erformÂance in failing to consider that the transacÂtion between the parties is not an agreeÂment for sale of the suit land, rather it is an out and out mortgage and thus the suit as framed is not legally maintainable. 6. The court of appeal below on a proper consideration of the agreement..Category: Property Law | Date: | Hits: 17
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......n (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and other……â......it petiÂtion before the High Court Division. 3. Mr. Md. Zahirul Islam, learned Advocate-on-Record, appearing for the petitioner submitted that regarding appointment of the respondents by an illegal Managing Committee was questioned and to find out the fact an inquiry was held by the District..Category: Civil Law | Date: | Hits: 84
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