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Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... produced before the Court containing the words 'Phensidyl' through PW 8 and the prosecution has proved that the phensidyl were of Indian origin and smuggled into Bangladesh and the same was found in possession of accused-appellant. Therefore, according to learned Assistant Attorney-General the conv...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......t liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... lawyer of the appellant further urges that no such evidence was ever led by the prosecution leading towards carrying or possessing the alleged Phensidyl for the purpose of sale and to that effect no question was ever put while the charge was framed under section 342 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... Suit No.15 of 1985 and ultimately obtained the relief ex parte were untrue and, as such, the decree so obtained has not affected right, title and interest of the plaintiff of the instant suit in the land in suit and that as the decree obtained in Other Suit No.15 of 1985 involved right, title and i...... Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......was decided merely on the finding that non-service of summons was not proved. The finding that summons was served, does not, in our opinion in the context in which it appears, mean anything more. The questions of fraudulent suppression of summons or the falsity of the claim which might well have pro..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......itioners. Nikhilesh Dutta, Advocate —For the Opposite Parties. Civil Revision No. 988 of 1993. (From the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989) Judgment Gour Gopal Saha J.- This Rule is directed against the ......o justify any interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. 11. To meet the argument of the learned Advocate for the petitioner on the question of maintainability of the suit, the learned Advocate for the plaintiff-opposite party refer..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC statement of the accused is found lying in the LC record, wherefrom it will be evident that it was recorded in the following question and answer manner. “প্রশ্নঃ আসামী বাদী ও বাদ..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet which according to respondent no. 3 resulted in under assessment for those years in question and the petitioner was thus served with notice to submit returns afresh for those years in ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......hat it was not stated as to who made the allegation, when the allegation was made or what was against the petitioner. It is submitted that the accused persons on bail influenced, the Law Ministry in clandestine manner who issued the impugned Memo so that the prosecution could not conduct the case in......ul authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ently from the other side there were rejoinders denying the truth of the allegations of threat. On enquiry it was found that some cases were also filed by some of the witnesses of the Session case in question on the allegation of threat and upon proper investigation by the authority concerned the al..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......edly, the mill was in operation for almost about two years and then it stopped due to lack of finance. It is also an admitted fact that the plaintiff had to spend more money out of his own pocket for land development, construction of the mill house, installation of electricity and all these amountin......n the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......prove that the plaintiff’s reputation suffered due to stoppage of the mill or failure to run the mill. In such a case the onus lies heavily on the plaintiff to prove that his reputation suffered or questioned due to the failure of the project or closure of the mill No. one came to depose that when..Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....oses of ventilation and recreation and the park or open space accordingly provided in the site plan Annexure A, and A‑1) reflect the scheme of the Master Plan. The petitioners are owners/lessees in possession and users of different plots namely plot Nos. 120, 124,127,130 at Road No. 3, plot Nos. 1......ter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 and 12 under the master plan approved under the Town Improvement...... declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......r construction of the buildings for police station and residential houses on the plots earmarked. The respondents have constructed a double-storied community centre in the extreme east of the park in question. 4. The petitioners have no other efficacious, effective remedy except by way of the app..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......……Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999.
Cases Referred To-
Cape Brandy Syndicate Vs. Inland Revenue Commissioner (1921)11 KB 64; Russell Vs. Scott (1948) AC 422 (6 & 7).
Lawyers In......n this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......and by such substitution, amongst others, milk powder was included in the Third Schedule of the VAT Act and the import of the same was made liable to payment of 2.5% supplementary duty.
5. Now the question raised to this Rule is whether such duty can be imposed by merely including the said goods ..
Category: Fiscal/Taxation Law | Date: | Hits: 93
....e relief as prayed for wrongful inclusion of the case house as abandoned house. The provisions of President’s Order No. 16 of 1972 is not attracted in respect of the case house in which they are in possession from the time of their predecessor for which the Rule issued by this Court is liable to b......nt of Municipal taxes. The case property was duly mutated in the name of their predecessor late Md. Ali Akbar and they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an...... once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......d and because of huge number of candidates involved it is the practice of the PSC to make the final scrutiny as per Clauses 11 and 12 of the Instructions to the PSC candidates. He contends that the question of mala fide or arbitrariness does not arise. He also contends that the application Forms s..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....d persons and, as such, no allotment was made in their favour. After payment of compensation to the bona fide affected persons the ADC (LA), on behalf of the Deputy Commissioner, handed over physical possession of the acquisitioned lands of Bailjuree Mouza to RAJUK on 18-9-90, 23-9-90, 27-9-90, 18-1......or rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Model Town. 2. The material facts for disposal of this Rule are, that the petitioner's predecessor's lands were requisitioned and acquisitioned in LA Case No. 2 of 1987-88 under the provision of the Ac......e. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178....... applications from the affected persons of Sector No. 11 were also invited, and the petitioners are the residents of Sector 11. The respondent No. 3 intended to allot plots to the affected persons in question, and the respondent No. 3 reserved the authority to accept or reject the application of t..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. .......Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or authority is entitled to close ......…………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or authorit......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....decessor of the instant writ petitioners. He further submits that the Court of Settlement erred in law and acted most illegally and mala fide in not considering the materials on record as well as the possession of the case properly and documents in respect of the bona fide transfer of the property a...... property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid allotment letter a deed of agreement for lease of a piece of land measuring 144 sq. yards or thereabout under the registration jurisdiction of Mohammadpur Sub-Re......s. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ist of the abandoned buildings and the listing, as such, undoubtedly has been done illegally. We find from the judgment and order of the Court of Settlement it refrained from answering most important question whether the property was duly made abandoned or not, rather it seemed to have acted as a ci..Category: Property Law | Date: | Hits: 29
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....y registered kabuliyat without taking salami and the settlement holders have been possessing the same. Neither the defendants nor their predecessor-in-interest had ever any right, title, interest and possession in the suit land. Abdur Rahim, the predecessor-in-interest of the present defendant, init......on the plaintiff. 3. The plaintiff's case, in brief, is that Government gave compensations on the basis of State Acquisition and Tenancy Act, 1950 and accordingly, during SA operation the suit land was recorded in the name of the Government in khas Khatian No.1 and Government gave settlement ...... is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ..Category: Property Law | Date: | Hits: 32
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ...... any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......ed a "Reconciliation Committee" consisting of five members to resolve the disputes out of court where the suit is pending and the bank concerned has been given the discretion to decide the issue in question upon considering the recommendations of the said "Committee". However; if disagreement occu..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Re......strict Judge. 21. For the reasons aforesaid, I find no substance in the submissions of Mr. Idris, I also find the first revision Court did not commit any error, which resulted in an important question of law occasioning failure of justice. 22. In the result, the Rule is discharged wi..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....predecessor-in-interest of the petitioner filed written statement asserting that the defendant is the partial owner of Serial Nos.1 and 2 of the properties as described in schedule 'Ka' and he was in possession thereof accordingly. The property at Serial No.1 in Schedule-Ka was purchased jointly on ......e the defendant mutated his name with Tejgaon circle, Dhaka, in Khatian No.437/3, of plot Nos. 484 and 447 which he has inherited from his father Abdul Bepari. Out of .2150 acre of Plot No. 447, some lands were transferred in the name of the Mosque and only 10 decimal remained which is now possessed......The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......holds that the respondent must also be seen to discharge that duty and make that endeavour. At this juncture and in the facts and circumstances of this case there, therefore, arises here the residual question of a final disposal or determination of the application for licence dated 17-10-2006 (Annex..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... 113 of Mouza Shontesh, Police Station and District Tangail belonged to one Kangal Chandra Denajir. However, after the death of Kangal Chandra Denajir his only son Roma Charan Dey became the owner-in-possession of the case plot by way of inheritance. Subsequently, on 28-51956 Roma Charan Dey trans......ntioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Abdul Malek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Re......uch transfer, apply to the court for such portion or share to be transferred to himself or to themselves as the case may be, So, it is ex facie clear that one or more co-sharer tenants of the land in question may make an application for pre-emption. Of course, sub-section (4) of section 24 of the No..Category: Property Law | Date: | Hits: 39
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