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Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ble him to move the Government for transfer of the case under section 28 of the Local Government Ordinance, 1976. Both the petitions were dismissed by the Tribunal and the appellant did not further participate in the proceeding and the judgment was delivered by the Tribunal as mentioned above. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....r taxation under this Act, namely:— (5) Lands occupied or used exclusively for or in connection with public pounds, public hospitals, whether supported wholly or partly by grants from the consolidation Revenue Fund or not, and which are not a source of pr......ade from the appellant for the shops and offices let out and the appellant challenged the legality of the demand by filing a Writ petition in the then Dacca High Court claiming exemption from payment of Tax under section 6(a) of the said Act. The learned Judges of the High Court dismis......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....mmissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and thereupon seized the said goods. Thereafter, Police started Mongla PS......that the said accused-persons in collusion with each other having created a forged Bond Licence imported 48 Metric Tons of poly propylene value amounting to Tk. 21,00,000/- and deceived payment of Tax to the authority by forging signature of the commissioner; that by submitting t...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....lso sold the suit property on various dates in favour of the plaintiffs and as such they are in possession thereof. It was further stated in the plaint that the property does not belong to forest department but still the defendant Nos. 1-3 have been threatening the plaintiffs to disposs......uit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11.1989 portion of the suit property was sold by him in favour of pl...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....aintiff since he and his brother Abdur Rahman have homestead in plot No.60 adjacent to plot No.61. The deed in question though has been camouflage as exchange deed between the defendant No.1 on one part and the defendant Nos.2 and 3 on the 2nd part, but is in fact an out and out sale deed. It has......ed Rule. The High Court Division on consideration of the evidence on record held that the transaction made by Ext.1 (the Exchange deed) was a colourable transaction as there is specific evidence of payment of consideration money of Tk. 50,0007- and as such the deed in question (Ext.10 is not an ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... of no effect. It is sometimes expressly stated in a statute that a by-law must not be repugnant to the statute or the general law; but, whether so stated or not, a by-law which in whole or in part is not confined to the particular circumstances contemplated by the statute or is repugna......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ouzas in question in Case No. 2/2000-2001, 3/2000-2001 and 7/2001-2002 and accordingly the Deputy Commissioner issued notice under Section 3 of the Ordinance 1982. It was further stated that major part of the project with 4,500 acres of land under Rupgonj Police Station have been completed and t......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the plaintiff has been able to prove his case and as such entitled to the relief prayed......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... Calcutta. India on 11.9.87 and validated at Dhaka on 16.12.87 was cancelled by the Deputy Commissioner, Dhaka by an order dated 3.5.88 upon an application of the defendant and after hearing both parties. The SCC Judge directed the plaintiff-appellant to file the original power of attorney in ......he attorney and at that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in the appointment of attorney and also error on payment of stamp duty and penalty and validation under section 35, detected later on is a curable de......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....cted by Md. Aftab Hossain, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 2......1 and 4 used to deal in jute at Bhatiapara and Moisharghope within Faridpur District, that the accused-appellants purchased jute from Moisharghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cann......disappearance of MA Naser the plaintiffs were put to financial hardship and as such a number of instalments due to the House Building Finance Corporation fell due. Defendant No.1 pressed hard for repayment of the loan money whereupon plaintiff No.1 requested the said defendant to allow, sufficient......rdinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then East Pakistan, took a loan of Tk. 40,000/- from the House Building Finance Corporation, defendant No. 1, in 1964 and con..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....es from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a rec......W 2 and the appellant defendant No. 1 offered to sell the suit land to the appellant who accepted the said offer. At the same sitting the price was fixed at Tk. 2,50,000/-. The appellant made a payment of Tk. 10,000/- in cash by way of earnest money. Defendant No. 1, by way of accepting the sa...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... 26.10.1998 (Annexure-F to the writ petition) passed by the Tax Settlement Commission, writ-respondent No. 2 in Tax Settlement Application Nos.830-834 of 1998 wrongly written in the rule as 832-834 partly modifying the order of writ-respondent No.3 (Annexure-C series to the writ petition) and fi......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....nd any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambarah, dargah, maqbara or other religious institution and establishment connected with the waqf or to participate in any religious or charitable institutions under the waqf." And 'stranger to the waq...... by the Mutawalli, that the writ-petitioners are not the tenants of the Waqf Estate but they are trespassers in the Waqf property, that although they were tenants but they having had defaulted in the payment of rent regularly, are no longer the tenants of the Waqf Estate, that the cases have been fi......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
.... and since then Tayebuddin Biswas was possessing the suit land. The contesting defendants are the heirs of Tayebuddin Biswas and they have been possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial court and on consideration of th......er loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 B.S. and ......s extinguished 40/43 years ago during their life time and the defendants acquired title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Tk. 71/- on 12th Ashar, 1336 B.S. and another sum of Tk. 92/- in 1337 B.S. from Tayebuddin B..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....t was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayangonj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
.... learned Advocate for the petitioner, has submitted that the view expressed above regarding jurisdiction of the Vacation Judge is not sound and valid in law and further the two paragraphs together (particularly the second one) cast aspersion upon the conduct and professional integrity of the pet......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....ustrial Estate, Tongi, Dhaka vide memo No.06/4226/4576 dated 3.6.80. Out of the said amount the BSB disbursed a total of Tk. 17,00,000/- to the petitioner on different dates in three phases including part of 1st instalment on 17.10.80. It was stipulated in the sanction letter that the entire amount ......ntire amount of the loan would be repaid in 21 half-yearly instalments of which 20 instalments are to be of Tk. 1,10,000/-each and the last instalment to cover the entire balance due and that the repayment of loan money would commence from 30.9.82. The petitioner paid the first and second instalme......or sale of the same (Annexure Q) published in the daily newspaper "Dainik Bangla" on 12.4.90. 3. Facts of the case, briefly, as in the writ petition are, that the BSB sanctioned a local currency loan of Tk. 23,00,000/- to the petitioner for setting up a light engineering workshop at the BSCIC I..Category: Banking Law | Date: | Hits: 117
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