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Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....h contract with the department. Accordingly, the plaintiff and the defendant No. 2 entered into a new agreement with the same terms and conditions on 31-8-96 and the plaintiff was given delivery of possession of the suit property and he improved the land by filling earth at cost of about Taka 15,0......laintiff and the defendant No. 2 entered into a new agreement with the same terms and conditions on 31-8-96 and the plaintiff was given delivery of possession of the suit property and he improved the land by filling earth at cost of about Taka 15,00,000 and also built approach road and brought const...... This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......the prayer for temporary injunction on the ground that the lease granted in favour of the plaintiff was not in compliance with the legal requirements. 7. The Court of review noticed: "Now the only question arises to consider is, as to whether any prior approval was necessary from the Department."..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....f the pre-emptor; that the vendors are the sisters of pre-emptor who claimed separate saham of their land, being refused they exchanged their share with the pre-emptees and delivered their respective possession; that the vendors transferred 0.05 acre of land to their cousin Jobeda Bibi and rest 0.21......arer tenant instituted Miscellaneous Case No. 11 of 1995 under section 96 of the State Acquisition & Tenancy Act, 1950, in the Court of Assistant Judge, Naogaon, for pre-emption of 0.56 acre of land out of 5.49 acres described in Police Station Atrai, Mouza Paharpur Bujruk, RS Khatian No. 171,...... This Case is also Reported in: 59 DLR (2007) 634. ......, evidences, all deeds and exhibits, judgments and orders of the Courts below, and given my anxious consideration to the submissions advanced by the learned Counsels of both sides. 9. Now, the question that calls for consideration is, whether the deed under pre-emption was an exchange deed ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal and set aside the order of Inspecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and de..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....laint were null and void, Collusive, inoperative and without jurisdiction. 3. The case of the plaintiffs, in short, is that Mohan Bashi Roy and Jashoda Sundari Roy being in ownership and possession of the suit land by virtue of gift entered into an agreement on 25-12-1975 with the pla......ioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Sched......Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the Petitioners. Abdul Quayum with Tapash Kumar B......sed any failure of justice. 27. Let us now see the provision of law and the decision of our apex Court. 28. Section 73 of the Evidence Act, no doubt, empowers a Court to compare any questioned signature or writing with admitted or proved signature or writing in order to come to a..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rmination of any further dispute except to execute its own decree. 29. The word "execution" has been termed in Wharton's Law Lexicon, 14th Edition, at page 387 as "the last state of a suit whereby possession is obtained of anything recovered by a judgment; which is also styled as final process ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......on No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......l the contending parties, perused the writ petitions along with the impugned orders and the affidavit-in-oppositions filed by the respective respondents in all these four Writ petitions. The common question being posed by the respective petitioners is, that whether the "execution proceeding" lying..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......ow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the accused and considering his explanation.................................(8) Cases..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......itra's Dictionary it has been quoted as "any earning either form of interest or capital profit". Whereas in Venkata Ramayas Law Lexicon it has been said, "Income from capital investment, ownership of land, savings, interest and dividends". In support of the dictionary meaning, Mr. Haque has referred...... 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......oan facilities on the prayer of the loanee. However, failure to repay the loan amount within the re-scheduled period led to the institution of Title Suit No. 125 of 2001 for recovery of the amount in question. Later, under section 60(3) of the Ain the said title suit was shown transferred on 1-10-20..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......t of Bangladesh. No question of evading customs duty or other tax did arise. In this age of globalisation, execution of any document for transfer of shares to be stamped with such stamps in a foreign land is not any unusual phenomenon. Declaration or failure to declare by a passenger becomes relevan......e, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......as not maintainable for not having exhausted statutory remedy available to the petitioner. 16. He submitted that the Customs Authority did not commit any illegality in detaining the stamps in question when the petitioner failed to produce any paper showing any authority to carry said stamps ..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....t for life depending on the gravity of the offence. As the offence is grave so is the care to be taken in dealing with such offence lest an innocent citizen is punished………………(27) Mere possession or use of a forged or counterfeit note does not ipso facto prove the charge under se...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......ing necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......ncy note in possession of the accused was of such nature or description of look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged nor any such question was put to the accused during trial, the conviction and sentence of the accused under the s..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ently the relevant provision of Article 6 of the Paris Convention is not at all attracted and the Paris Convention cannot override the provision of the Trade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangla......d Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon Kabushiki Kaisa,57 DLR 93, 10 BLC (AD) 92; Super Max International Private Ltd. Vs. Samah Razor Blades industries Ltd. and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,5......ade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangladesh prior to the date of registration of the mark in question in the name of the appellant and the onus to prove such user is on the applicant for rectif..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......claration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; th......Case is also Reported in: 59 DLR (2007) 584. ......s. Not represented—For Opposite Party Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Ju..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....ht was made in the year 1985 without having any legal basis", the learned District Judge observed. The learned District Judge however observed that the khatian could be used for collateral purpose of possession. These findings are not only inconsistent but also based upon misconception of law. The l......h Biswas concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent No. 1 claimed that the testator Harinath Majumder orally gifted 0.20 acres of land in plot No. 223 in favour of his father Kalicharan Majhi. After such gift the petitioner's fath......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......r. He claims that Harinath orally gifted 0.20 acres of land to his father and subsequently, he granted licence of 1.64 acres of lands to his uncle and father. In view of this admitted position, the question is, whether he can maintain an application for revocation of the grant. 8. The learn..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......tay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ...... has argued also that the punishments which were imposed on the respondent No. 2 were all in conformity with section 17 of the Employment of Labour (Standing Orders) Act, 1965 and as such there is no question of infringement of any right of the respondent No. 2. The learned Counsel of the petitioner..Category: Labour and Industrial Law | Date: | Hits: 114
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... Ed. This Case is also Reported in: 54 DLR (2002)156.......cession certificate would be necessary. But, he held that opposite party No. 1 was nominated by the deceased as the next of kin and beneficiary and he was only entitled to get the assets and money in question in which the mother had no legal right. Upon such views, the learned Additional District Ju..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......1992 Carabean Travels Ltd. Vs. Eastern Bank Ltd; Sonali Bank vs. MS Ali Tannery 48 DLR 57; Kazi Gowaherul Islam (KG Islam) vs. Standard Co-operative Credit Society Ltd. and others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; Reasul Hoque Mollah vs. Afizullah Mollah, 42 DLR (AD) 74;......little whether the High Court Division arrived at its decision on the counter-claim was not patently maintainable and there is nothing wrong in the finding of the High Court Division on this material question.” 7. It thus appears that in paragraph 22 relied on by Mr. Mahmud the Appellate Divisi..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....hed nearer to that house and tactfully reached the roof-top, and apprehended appellants Khokan and Swapan. From the possession of Khokan a one-barrel gun, a bullet loaded with the gun, and from the possession of Swopan two bombs were recovered. The other dacoits firing and detonating bombs aiming ...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549........ The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......to a police officer shall be proved as against a person accused of any offence under section 25 of the Evidence Act. The criterion for excluding the confession under this section is the answer to the question, to whom was the confession made? If the answer is that it was made to a police officer, th..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546....... (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved: Khair Ahmed, with Sarwar-e-Din, Advocates—For the Petitioner. Md. Golam Mostafa, w......servant that law is not applicable for him. There is no legal bar in drawing departmental proceeding simultaneously with the criminal case on the charge of misappropriation of bank money. There is no question of double jeopardy. In this regard the case reported in 1996 BLD (AD) 99 may be referred. H..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......s of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......nclusion of their names in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common question of law and facts and are being disposed of by this single judgment. 4. It has been ..Category: Banking Law | Date: | Hits: 124
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......issions advanced by the learned Counsels, we have gone through the writ petition, as well as the other materials on record and given our anxious consideration to their submissions. 10. Now, the question calls for consideration whether, the writ petition relating to transfer of a Government ser..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....opposite party No. 2 Md. Asgar Ali as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Thakurgaon being Title Suit No. 20 of 1986, for declaration of title and recovery of khas possession in ‘ka’ schedule land after demolishing the structures standing thereon and for perma......li as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Thakurgaon being Title Suit No. 20 of 1986, for declaration of title and recovery of khas possession in ‘ka’ schedule land after demolishing the structures standing thereon and for permanent injunction in respect of th...... Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit ......r to cross-examine plaintiff Md. Asgar Ali on the ground that he did not state any material fact in respect of the suit and, as such, there is no necessity to cross-examine him. 9. To resolve this question we may reproduce section 138 of the Evidence Act which reads as follows: “Order of exa..Category: Procedural Law | Date: | Hits: 76
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