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Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... a compromise decree through the Court on 14.7.64. Thereafter his name was mutated in the Record of right and he paid rent to the Government. He had a shop in the suit premises and some portion is in possession of the monthly rentals and defendant No.4 to 10 and 13 are his tenants at will. It is the......ditional District Judge, 2nd Court, Khulna in Title Appeal No. 131 of 1980 affirming those passed by the Subordinate Judge Khulna in Title Suit No. 111 of 1975. 2. Facts are that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and N......s Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gaf......the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in Halima Khatun's case has bee..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......th any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......on of the G.D. Entry to the court has seriously prejudiced the accused. 6. Mr. Fazlul Hoque, the learned Assistant Attorney General appearing on behalf of the state argues that the G.D. entry in question was made by the officer-in-charge of the Thana on getting information from some secret sour..Category: Criminal Law | Date: | Hits: 38
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......7 of 1999 renumbered as Other Class Suit No.189 of 1999 against the predecessor of the petitioners late Kamaluddin Ahmed Sarwar (defendant) for specific performance of contract in respect of the suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at ......tion is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....29.09.2004 and the sale of the property in auction in favour of the highest auction bidder Jabiullah Siddique and about the subsequent sale by said Jabiullah Siddique inasmuch as the petitioner is in possession of the said property. The petitioner filed the writ petition alleging violation of princi...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......e of time and resources and will cause erosion not only in the adjudicatory system but also in the mind of the law abiding people. 18. Before recording our decision we are inclined to consider the question of satisfaction of the detaining authority on the basis of materials available on record. I..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
.... to Nishi Kanta Shome, Rebati Mohan Shome and Amrita Lal Shome. Then, one Golam Mowla purchased the said land from them by deed No. 5935 dated 27-08-51 and deed No.6755 dated 27-09-51 became owner in possession. Similarly, Ibrahim and his brother transferred their land to one Charu Bala. Thereafter,...... 2. The preemptor made an application under section 24 of the Non-Agricultural Tenancy Act, 1949, in brief, the Act against the opposite parties for preemption of the transfer of 0.0907 acre of land SA plot No.54 appertaining to SA Khatian No.48/1 out of CS plot No. 139 appertaining to CS Khat......e Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referred To- Muhammad Muzaffar Khan vs. Muhammad Yusuf Khan, 11 DLR (SC) 78; SM Basiruddin vs. Zahurul Islam Chowdhury, 35 DLR (AD) 230: Shafiuddin Chowdhury vs. Md. Abdul Karim and others......er in said land. In support, he cites the decisions in the case of Haladar Dutta Vs. Abdul Rob Chowdhury, 36 DLR 193 and Md. Khairullah vs. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338. 14. Only question facing us is whether the learned Additional District Judge is well founded in affirming the..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ...... fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha by the south‑east of Molla's house, in Laxmikot mouza, all the condemned prisoners s......itional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......prisoner Eskander Molla alias Baniz Member preferred Jail Appeal No. 2531 of 2000. This judgment will dispose of the Reference and the Appeals preferred by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑0..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....hased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun and Government......Commissioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the s...... Court . High Court Division . (Civil Revisional Jurisdiction) Present: Md. Abdus Salam J Sufia Islam Shila and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......Mujibar Rahman, Advocate—For the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th...... Rahman, Advocate—For the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court,..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......ro Industries Development Assistance Society (MIDAS)………. Applicant
Vs.
Commissioner of Taxes.................Respondent
Judgment
April 4, 2001.
Cases Referred To-
All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner of Inco......on No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this jud..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ...... terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......e of customs duty on the basis of indicative value and declaring the same arbitrarily for the purpose of assessment of the Customs duty, VAT and other charges on the consignment of the petitioner, in question. 2. The petitioner according to SRO No. 214-ATN/93/1527/Shulka dated 28-10-1993, wherein..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....The property in question is the house No. 19/7 Block E’ Azam Road PS Mohammadpur, Dhaka. This property was enlisted in the ‘Ka’ list of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1s......bordinate Judge, Dhaka which was then being contested by the respondents. That Title Suit No.277 of 1991 also was ultimately decreed on contest on 12-8-1999 declaring petitioner’s title in the suit land and also declaring that the suit land was not vested and non-resident property. The respondents......copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ petition as follows: 2. The property in question is the house No. 19/7 Block E’ Azam Road PS Mohammadpur, Dhaka. This property was enliste..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......of disposal of this Rule are, that an agreement dated 12-11-1997 was executed between Rajdhani Unnayan Kartripakkha (RAJUK) and MN Alam and Associates Limited for conducting survey and preparation of land use plan of Uttara east area of Gulshan Thana. That in the event of a disagreement under this a......
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazail and Co, PLD 1958 (WP) Karachi 27; 8 BLD 369 and 49 DLR 335.
Lawyers Involved:
Mahbubey Alam with M Aminuddin and Mahmuda Parveen, Advocates—For the Defendant-Petitioner.
MA Samad, Barrister-at-Law......the petitioner since rejection of written objection ipso facto cannot non-suit a defendant and forfeit a defendant’s right to cross- examine the plaintiff and his witnesses and contest the cause on questions of law. According to him, since the arbitration agreement exists between opposite party No..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......r can not invoke the writ jurisdiction of this Court. According to them the petitioner is an outsider, a member of the public and no legal right had been created in his favour by these circulars. The question that falls consideration is that whether the petitioner who an elected member of Parliament..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......cts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... be affixed with requisite stamps even now as there is no time limit in this regard. Mr Yusuf referred to and relied on the decision reported in 43 DLR 329 of this Court in this connection. 7. The question that has arisen for consideration is, whether the petitioner in fact transferred his shares..Category: Company Law | Date: | Hits: 203
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......anted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......ere was evidence of tampering with the electric meter placed with the petitioner, upon detection of the wrongful interference with the meter, the petitioner was served with the supplementary bills in question by way of penalty. Further, it has been contended that on 9-4-1996, a Task Force examined t..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......m Azad, and, as such, the said Bainapatra dated 12-3-1992 became past and closed transaction. It has further been stated in the FIR that the accused No. 1, Abul Kalam Azad, in order to grab the other landed property owned by the informant and his brother transformed the earlier Bainapatra dated 12-3......s hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......or of some other court to which such Court is subordinate. " 10. In the case of Md. Tokumuddin Par vs. State reported in 4 BLT(AD) 84 their Lordships in the Appellate Division on the self-same question held as under- "section 195( 1 )(c) of the Code of Criminal Procedure provides that ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... of 29-8-2000 in Dhaka Medical College Hospital, where he was under treatment. In cross-examination, she stated that their dwelling house was within the area of the park, which covered 30/35 acres of land. The entry fee in the park was Taka 10 per head. There was a guard on the gate. On the date of ...... Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ficer-in-Charge of the police station did not examine him. He could not say whether Nabi Hossain, the Officer-in-Charge of the police station interrogated Azahar Bhuiyan and others or on 28-8-2000 he questioned him. On that date he had no mental position to state the incident of Bhuiyan Mansion and ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......t them, the learned Advocates not only misled the Court in issuing the Rule but also committed a professional misconduct by practicing fraud upon the Court, which is punishable under the law of the land. We are ashamed to find that a Senior Lawyer defended the petitioners who, under the facts and ......day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... pay Taka one crore. This, according to the informant, is violation of the trust and thus lodged the first information report. 3. Before entering into the merit of the case, we are to settle a question as has been raised from the side of the informant that the Rule in Criminal Miscellaneous C..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
.... of contract. The said suit was ultimately decreed ex parte on 15-8-1983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded th......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......aid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Property published in the official gazett..Category: Property Law | Date: | Hits: 39
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