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Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....stated. 2. Respondent No.2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Bankruptcy Cases against the petitioner and others praying for declaring them Bankrupt, to appoint receiver to take possession of the mortgaged properties and other properties of the petitioner and other defendants a......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138........00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......n the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Ba..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ng, inter-alia, that the plaintiff’s suit is barred by limitation; bad for defect of parties and that they obtained the decree by fraud. It is the defendant's claim that the suit land was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 wit......ss Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and......allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......ect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ...... pipes made of cast iron for the purposes which comes within the description of materials and products mentioned in Class‑6 and not under Class‑ 11. As such, the learned Advocate submits that the question of passing of his products as the products of the petitioner, does not arise, as such, the ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in short, is that while father of the plaintiff, Mohammad Ali, was owner in possession of the suit land, recreated a waqf absolutely dedicating the suit land for construction o......l Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of......essary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......g the transfer effected with sanction of the Administrator under section 56 of the Ordinance is not maintainable. Moreover, he submitted that after completion of the transfer of title by the deeds in question and delivery of possession, subsequent cancellation of the sanction would be of no legal ef..Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......efore us the FIR, the charge sheet submitted by the police against the convict appellants, the evidence of the witnesses by the prosecution as well as the impugned judgment. 14. The pertinent question in this case is, whether the learned Speedy Trial Tribunal has jurisdiction to try the ac..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ain modifications. Over the years the common law rules excluding hearsay evidence have been found to be too stringent and, in certain cases, unjust and as a result a Law Commission was set up in England to investigate this matter. The Law Commission, upon scrutiny of the existing law, concluded th......, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......icide 4 days after the alleged occurrence of rape by taking poison. The learned Advocate also refuted the contention that the subsequent acts of the accused persons led to the suicide and hence the question of any offence under sections 9(2) or 9(3) of the Ain does not arise. He elaborated by subm..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......udgment April 22, 2007. Cases Referred To- Nizam Hazari vs. State, 53 DLR 475; Abdul Hai Sikder vs. State, 43 DLR (AD) 95; State vs. MM Rafiqul Hyder, 45 DLR (AD) 13; Yuill vs. Yuill All England Law Reports 1945 183; State vs. Lalu Mia, 1987 BLD (AD) 212 = 39 DLR (AD) 117; Abdus Salam vs. ......h, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......945 183, Court of Appeal held— "An impression as to the demeanour of a witness ought not to be adopted by a trial judge without testing it against the whole of the evidence of the witness in question, and it was open to the appellate Court to find that the view of the trial judge as to the ..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....th 4 others before the Special Tribunal No. V of Mymensingh on charges under section 19A and 19(f) of the Arms Act relating to alleged recovery of firearms and ammunitions, dagger etc, from their possession. 3. At the trial the prosecution examined 9 (nine) witnesses including the investigati......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......nviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......h has provided privilege of deduction from the sentence of imprisonment the total period of custody the accused suffered in connection with the offence. The High Court Division in order to decide the question as to how far the provision of the Code applies to the proceeding under the Special Powers ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
.... the accused appellant. The arms and ammunition were recovered by the police. Bulbuli was arrested who disclosed before the police that her husband Tuta Pramanik kept those arms and ammunition in his possession. She could not produce any valid paper in respect of said arms and ammunition. On the bas......ce he disclosed that he has a betel nut shop at Narchi Bazar and police took his thumb impression on a blank paper and he further disclosed that appellant had enmity with his rich neighbour regarding land dispute. 13. PW 4 Yasin Ali Mondal was declared hostile when he stated in his chief th......d in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......e of justice. The learned Counsel further contends that if she would have been examined as a witness then only it could have been possible to unearth the truth of keeping the arms and ammunition in question from where it was recovered. By putting full emphasis on the above argument the learned Adv..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....Tala PS Case No. 7 dated 14-2-1997 under sections 386/387 of the Penal Code and in course of interrogation of that case the accused-appellant admitted that there are firearms under his control and possession and according to his version and pointing out a revolver loaded with two cartridges and ......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......d in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......t himself kept those arms and ammunition from where it has been recovered as the place of recovery admittedly, as it has been revealed from the record, is an open place where anyone can enter. The question of plantation can be ascribed in the instant case for which the convict-appellant should g..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......y, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......Board of Revenue, in particular the customs authority, had no authority to say that IDSC was not a tax. 25. In the case of Zaminur Rahman and others vs Bangladesh and others 31 DLR (AD) 171 a question arose as to whether "Octroi" was a tax. The Appellate Division disposed of the question on ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....the said original owner, Mr. S Naseem Anwar left Bangladesh and, as such, the said building, was declared as abandoned property under Presidential Order No. 16 of 1972 and the Government obtained the possession, control and management of the said building and directed the said petitioner to pay rent...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......r, Dhaka through Treasury Challans, before the Bangladesh Bank on 10-1-2002, 29-1-2003 and 16-3-2003. 6. The petitioner along with other family members have been residing in the said flat in question upon payment of rent regularly. 6n 30-3-2003 the official of the Government, respondent No...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
.... suit. 2. The appellant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Subordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the de......ant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Subordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The cas......Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....that the case is barred by limitation and bad for defect of parties. It has further been alleged that two brothers Abdul Gafur Munshi and Abdul Aziz on purchase of land from the case plot had been in possession and during rent roll operation the names of Abdul Aziz and others were recorded correctly......n 96 of the State Acquisition and Tenancy Act as an unnotified co-sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registered kabalas dated 11‑5‑1992 in favour of the opposite party No.1 who is a str......t to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......ithin 30 days by the preemptor in favour of the pre-emptee. On the other hand, the learned Subordinate Judge while disposing the appeal concurred with the findings of the learned trial Court on the question of defect of party, limitation and pre-emptees claim of some other price other than the pri..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ying salami of Taka 6,95,000 (six lac ninety-five thousand) to the defendant-petitioner and the lease commenced from 1987. They also paid monthly rent regularly. They were given the right to transfer possession on payment of transfer fee of Taka 10,000 (ten thousand) to the defendant- petitioner. Af......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ...... Ed. This Case is also Reported in: 54 DLR (2002) 138. ......f the case passed judgment and order in CPLA No.6 of 1996 with the observation that the defendant-petitioner is willing to return the amount of salami received by her and also agreeable to decide the question of further claims of the plaintiffs-opposite parties along with compensation by way of Arbi..Category: Civil Law | Date: | Hits: 77
....received an amount of Taka 5,00,000 as earnest money; that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), received an amount of Taka 15,00,000 on 23-2-1995 and thereafter handed over possession of the suit property in favour of the plaintiff-petitioner No. 1 Hamida Real Estate Const......ant-opposite party No. 1, Malika Hasina Jahan (Lili), and the two brothers of Shahjahan namely Altaf Hossain and Fazle Hossain and sister Latifun Nessa but they relinquished their claim over the suit land in favour of the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), in exchange of oth......onal Jurisdiction)
Present:
Siddiqur Rahman Miah J
Md. Rezaul Haque J
Hamida Real Estate Construction Ltd. and another ………….Petitioners
Vs.
Malika Hasina Jahan (Lili) and others……………………………..Opposite Parties
Judgment
......e is unlimited or upto 5 lac and whether the learned Additional District Judge, Court No. 7, Dhaka committed any error in passed the impugned order dated 29-3-2006.
24. For determining the question as to whether the learned District Judge or Additional District Judge has jurisdiction to h..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......e body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ...... the State-Opposite Party. Mir Mahfuzur Rahman, Advocate—For the Applicant. Criminal Miscellaneous Case No. 5519 of 2003. Judgment Sharifuddin Chaklader J.- This Rule calls for a simple question to answer, whether the learned Sessions Judge under law is empowered to take cognisance of ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......ent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......R 330. Mr. Kazi Waliul Islam, the learned Deputy Attorney-General however tried to defend the impugned order. We have perused the record as placed. As stated hereinabove in the reference mainly three questions regarding dis-allowances, rejection of expenses and addition that arise out of the order o..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......ng the material allegations made in the writ petition and stating, inter alia, that the writ petition was filed with mala fide intention to get undue advantage. The writ petition does not involve any question of law, rather it involves complicated question of facts and, as such, the Rule is liable t..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......er by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ...... Khondker Mahbub Hossain with Afroza Nazneen, Advocates—For the Opposite Parties. Miscellaneous Case No. 5183 of 2004. Judgment Sharifuddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examin..Category: Criminal Law | Date: | Hits: 27
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