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Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ...... and 4 praying for Specific Performance of Contract on the ground that the opposite party No.2 executed a bainapatra on 17-2-1982 in favour of the accused petitioners for transferring .01 decimals of land and he having failed to execute the sale deed, the accused petitioner filed Title Suit No. 285 ......eceipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... case was, whether group of 13 persons including the women and children was moved to Hilli border to export or to sell them for illegal and immoral purpose in India and they were recovered from the possession and custody of the convicted-appellants and whether prosecution has been able to establis......dpur and from Parbatipur to Hillt by train, at 11-00 AM accused Nairn and Rina brought her along with Momena, Parvin and Fatema to Hilli. She identified accused Naim and Jahangir on dock. After their landing at Hilli they met Doli, Bilkis, Hasina Banu and Jasmine. On query of BDR as to why they were......order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......tagong and other areas and over snatching of money from them by the BDR when they gave out to report the matter to the higher authorities the case was started falsely to implicate them. 5. The question in the case was, whether group of 13 persons including the women and children was moved t..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. 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) 312. ......ny merit in this Rule. 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) 312. ......s discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......te the submissions advanced by the learned Counsels, we have gone through the writ petition, and other materials on record and given our anxious consideration to their submissions. 7. Now, the question calls for consideration is, whether the impugned order was passed by the respondent No. 3 i..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......d question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ...... the assessee has been duly audited by a Chartered Accountant in compliance with the provisions of section 35 of the Ordinance 1984 and duly certified the accounts are true and correct. The following questions have been formulated in this reference for our answer: "(i) Whether the accounts du..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......manner as alleged; that the accused person has been falsely implicated in this case at the instigation of Sador Ali, the uncle (Fufa) of the victim, with whom the accused person had dispute over some landed property. 10.Thereafter in consideration of the evidence on record as well as the facts an......ny other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......tted rape. Thus we find a contradictory statement from the victim. It is not the prosecution case that during second time the relation between the accused and the victim was deteriorated and thus the question of abduction does not arise. Hence it appears to us that it is a concocted case. 40. Mor..Category: Criminal Law | Date: | Hits: 38
.... Taka 3,80,2000 per acre. In arbitration revision cases the Subordinate Judge and Arbitrator assessed the compensation at the rate of 10% per annum on the compensation money from the date of taking possession thereof and also awarded cost; that in arbitration revision appeals filed by BSCIC learne......Nos. 2111, 2149, 2165, 2183, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2258, 2259, 2260 and 2261 of 1993 discharging the Rules.
2. The facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police Station Fatulla, District-Narayanganj were acquired by the Go......ssed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......mit any error in assessing the compensation.
8. Leave was granted to consider the submissions of the learned Counsel that "The Deputy Commissioner having calculated the market value of the land in question in accordance with the provision of Section 8 of Acquisition and Requisition of Immovab..
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......r in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case may be, shall be final and shall not be questioned in any Court of law. 4. In view of the clear provisions in the Press Council Act 1974 ..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....uthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under provisions of the Acquisition and Requisition of Immovable Property Act, 1982 until it has restored the vacant possession of the suit land to the plaintiff; and d. the defendant No. 1 is not legally ethically......sputed. Respondent No. 1 as plaintiff on 21-5-1986 instituted the suit in the Court of the Subordinate Judge at Brahmanbaria a decree, a. declaring the right and title of the plaintiff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unautho....... Abdul Quayum, Advocate—For Respondent No. 2. First Miscellaneous Appeal No. 407 of 1990. Judgment Md. Abdur Rashid J.- This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No......and that the defendant No. 1 never ever raised any objection at any point of time to any order as passed by the trial Court and/or the award as given by the arbitrator. After 11 years, such technical question cannot be allowed to come in the way of justice. 9. In reply, Mrs. Sufia submitted that ..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......o order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......fuza Begum, Advocate—For the Applicant. Not represneted—the Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the cas..Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......ion with them in connection with a plate and at one stage his daughter Rubi inflicted a lathi blow on his brother’s wife. A long standing dispute amongst the relatives concerning the demarcation of land was also mentioned. The informant wanted to bring this incident to the notice of his brother Is......deration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 31
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....946 and since then he has been possessing the suit land peacefully and in that view of the matter, the learned Judge of the High Court Division erred in law in disbelieving the petitioner's title and possession in the suit land despite that the Government has failed to prove its possession as claime......2001. 2. The petitioner along with others as plaintiffs instituted Title Suit No. 67 of 1999 in the Court of the learned Assistant Judge, Dhobaura, Mymensingh, for declaration of title to the suit land contending, inter alia, that the suit land belonged to ex-landlord M/s. Anath Bondhu Guha and s......ecord. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....’ of the plaint are possessing by the plaintiffs in ejmali with the defendant No.2 and that the defendant No.1 did not possess the suit land that the defendant No.2, Shurdhani did not hand over the possession of the suit land to the defendant No.1. Niranjon, brother’s sons of defendant No.2 did ......fore R.S. operation without leaving any legal heir excepting defendant No.2 as his wife. After the death of Monmohon Sheel his wife Shurdhani Sheel, defendant No.2 became the life estate owner in the land left by her husband. The name of defendant No.2 was recorded in R.S. Khatian and thereafter, in...... dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......rformance of funeral and shraddya ceremonies of deceased Monmohon Sheel were performed after his death 50/60 years before and that no arrears of rents remained due in respect of lands transferred, in question and that the defendant No.2 had no necessity to transfer such a huge chunk of land at a cos..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......ed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......where it is" basis. The licence of the trawler expired in 1989 and accordingly the authority informed the concerned Ministry intimating that the appellant had in the meantime purchased the trawler in question and requested it to renew the licence of the trawler. The Ministry provisionally issued a l..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....rule 58 read with section 151 of the Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three register......n 27-1-96 in the preliminary form, and then, on 23-7-96 said decree was made final. The decree holder having applied for execution. Title Execution No.7 of 1996 commenced. In execution, the mortgaged land measuring 4-12 acre was advertised for sale on auction. 3. Then the petitioners made an appl......ed: Mujibur Rahman, Advocate—For the Petitioners. Not represented— the Opposite Parties. Civil Revision No. 4195 of 1999. Judgment Mohammad Abdur Rashid J.- The above Rule was obtained by third party upon making a revision application under section 115(1) of the Code of Civil Pro......d some documents including their purchase deeds while the decree holder examined one of its officers. The trial Court rejected the application by impugned order being of the view that the transfer in question was without any consideration and as such, transfer did not pass any interest to the petiti..Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......tate of West Bengal as reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention but to show his past activities. This question has also been finally settled in the case of Habiba Mahmud. It has been observed that where..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
.... attract. 49. In this connection we may refer to 48 DLR 269 Dulal Howlader Vs. State: wherein the term “extortion" is explained as follows: The presence of imminent fear and also the delivery of possession of goods to the offender. The actual delivery of possession of the property by the person....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......, whether the trial was vitiated by such joinder‑ If a non scheduled offence is included in the trial of a scheduled offence the trial does not necessarily become void or without jurisdiction but a question may be raised as to whether the accused was prejudiced by such joinder. In a particular cas..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ecord in respect of the suit property has been prepared in the name of the appellant and as such, the provisions of the Ordinance No.54 of 1985 have no manner of application as the appellant was in possession and no notice was served upon the appellant. So, the inclusion of the case property under...... No.54 of 1985) stating, inter alia, that the case property belonged to Rafi Ahmed Fidai who got the same by way of allotment from the then Government of East Pakistan. Rafi Ahmed Fidai sold the suit land to Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again ......thout any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......against the said judgment and order but the Rule was discharged by the impugned order. 3. Leave was granted to consider that submissions of the learned Counsel for the appellants that— "the question of 'jurisdictional fact' with regard to non-issuance of statutory notice prior to enlistmen..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....and to them. Out of that land the donees sold some land; that the defendant No.2 gifted to the plaintiffs and his three brothers, 3 kanis of land, by another deed of gift dated 22-2-1945 and she gave possession of that land to them. Since then they are in possession of their land separately by amica...... involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partition of ejmali land stating, inter-alia, that the properties described in schedule-1 to the plaint belonged to Shah......without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......d in support of his contention annexed a kabinnama, registered by Nayarhat Kaji office, Savar, Dhaka on 29-6-96. The learned Counsel further submitted that while the victim demanded some agricultural land for her own security, the petitioner out of sheer love executed a suf-Kabala deed in her favour...... of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......r evidence that the convict petitioner having adopted deceitful means has procured the so-called Kabinnama, and on consideration of the above aspect of the matter it can be said that the kabinnama in question is nothing but the output of an act of depravity of the petitioner. 6. The learned Couns..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the name of the defendants. 3. In that suit defen...... Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......decree in that suit operated only as a money decree, and, therefore, the sale held thereunder passed only the right, title and interest of the judgment-debtors instead of passing the entire tenure in question.” 16. In the case of AS Mohammad Ibrahim Ummal alias Shahul Hameed Ummal of unsound mi..Category: Property Law | Date: | Hits: 44
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