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....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ...... of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......of the writ petitioner, the High Court Division was wrong in holding that the present petitioner entered into the subsequent contract at his own peril. The learned Counsel lastly submitted that the question whether the writ-petitioner was entitled to extension of time is a disputed question of f..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......terfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......ed in the case although the Investigating Officer in the charge-sheet mentioned about the order of the Superintendent of Police, Tangail of his Memo No. 1023 dated 16.2.91. 5. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....the petitioners with malafide intention fabricated a deed with the title ‘Angikarpatra’; the petitioners are not lessees but licencees; he requested the petitioners to surrender vacant possession of the suit premises but they did not comply and they defaulted in paying the monthly re......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ....... The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....ond Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also for delivery of khas possession of the property described in schedule ‘B’ of the plaint upon eviction of the......tion of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an......smissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......e. The petition is dismissed. Ed. This Case is also Reported in: ......dated 1.2.2009 of the High Court Division passed in Writ Petition No. 7492 of 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sa..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to the petitioner......interference. The petition is dismissed. Ed. This Case is also Reported in: ......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ...... upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer......rmissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... third learned Judge can or will deal with the whole case.” 37. In the case of Ananti Padmanabiah (supra) as it appears the Division Bench of the High Court of Assam and Nagaland unanimously rejected the first two contentions but were divided in their opinions on the poin......991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......2007 which was heard analogously with Criminal Petition for Leave to Appeal Nos. 95, 96, 97 and 98 of 2001. 19. All the above mentioned petitions for leave to appeal having raised the same question of law and fact were disposed of by one leave granting order granting leave as follows: ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......l or those key points by deploying troops with artillery and then their object was materialised. All these acts of the accused are done in one series in the course of carrying through the design in question–there is community and continuity of purpose. These conducts of the appellants are ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......abilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. Ershad and thereafter under State patriotism. They questioned how the State instead of becoming the Prosecutor of such a gruesome mass killing played ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... the case of Jamil Huq–Vs-Bangladesh reported in 34 DLR (AD) 125 at page 138, paragraph 37 the Appellate Division of the Supreme Court has quoted with approval of the observations of Prof. Holland published in Law of Court Martial (Current Legal Problem 1950 at Page 193) which reads as fol......as pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the third learned Judge should deal with the ......first, that what is laid before another Judge is the “case” and, secondly, what the judgment or order follows is the opinion delivered by such Judge. I am not now concerned with the question of the trial of two prisoners with regard to one of whom the Judges composing the Court o..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the e......e defence in any manner. ......t he could not take any action against the persons involved in the incident. He stated that Khandaker Mostaque declared the killers as descendants of king Surya of the Surya Dynasty. In reply to a question on behalf of Lt. Col. Syed Farooque Rahman, Col. (Rtd) Shafayet Jamil (P.W.44) stated that..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......iety in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......udge reproduced the disclosure of the accused to the witness as follows: “Oh God Pardon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint)......Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and......ference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......11.1961 was initiated and from the order-sheet (Ext. c) of the said Miscellaneous case, it is seen that there was a local inquiry and at that time defendants were found in possession of the land in question, that the defendants are in possession of the land in suit for more then 40 years and the..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ughter Piarjan. Piarjan sold. 94 acres of land to defendant Nos.1-3 by a registered kabala dated 11.12.1967. In this way the defendant Nos.1-3 become owner and are in possession. 4. We have heard Shahidul Islam, learned Advocate for the petitioner and perused...... with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acres of C.S. Khatian No.395 belonged to one Shumai Mallik who died leaving wi......dingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......them not liable. Mr Rafique-ul-Huq argued that High Court Division was wrong in appreciating the purport of the said judgment and allowed itself to be misled by not examining independently the question of liability of the directors in the light of the facts alleged and proved in the case. ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....ch was decreed on 7.4.1981 and the sale deed was executed and registered through Court on 5.4.1983 in Executed Case No. 65 of 1981. A house survey on 26.4.1984 found the writ petitioner in actual possession. The writ petitioner having come to learn that the property has been included in 'Ka' lis......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......udgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e petitioner seeks review of the judgment and order dated 8th July, 2008 passed in Civil Appeal No.284 of 2001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon ..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ised effort, but in a responsible way. In this verse, the word sadaqat refers to obligatory charity (Zakat)." 46. Zakat is an annual charge on property which remained in the possession of a person for a whole year, when its value reached a certain limit, called the nisab. ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......missed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......ions were filed against the common judgment of the High Court Division dated April 27, 2004 passed in Income Tax Reference Application Nos. 31 of 2000, 32 of 2000 and 24 of 1997 answering the question in the first two reference cases in the affirmative and in the last mentioned reference ca..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....he direction given by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. ...... Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Purana Paltan, comprising 2.369 kathas of land with a 5-storied building standing thereon and the boundaries of the same were on the north roa......he respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....hat his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with full knowledge of the other heirs of Afsaruddin including pre-emptor (full br......arned Assistant Judge, Narail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. I......once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......bally to him and after the death of Afsaruddin the pre-emptor came to learnt that his father has already been transferred the case land to the pre-emptee-petitioner. No notice of the said transfer in question was served upon the pre-emptor-opposite party No.1 and hence the case on making the statuto..Category: Property Law | Date: | Hits: 37
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