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Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ndra till his death on 20.03.1984 and after his death paid rent to his sons till July,1984 and thereÂafter, filed Other Class Suit No. 366 of 1984 and such story is totally unbelievÂable. 7. The provisions of Section 12 of the Specific Relief Act provides that- (a) when the act agreed to be ......udgment in the light of discusÂsion made in the body of the judgment and to allow the appellant to file an application for partition, if any, and thereafter to dispose of the case in accordance with law. 4. Leave was granted to consider the submissions of the learned Advocate-on-Record for the a..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
.... the Artha Rin Adalat Ain, 1990 (Act No. IV of 1990). A financial institution can avail of the opportunity made available to it either under its parent Ordinance of Act or it can have recourse to the provisions of the Artha Rin Adalat Ain 1990 for prompt realisation of its dues from the defaulting l......ounsel appearing for opposite party Bangladesh Shilpa Rin Sangstha, support, the impugned order and contends, inter alia, that the learned Subordinate Judge and Artha Rin Adalat committed no error of law in passing the impugned order. 6. We have carefully gone thorough the impugned order and othe..Category: Civil Law | Date: | Hits: 79
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....house, and hence, the transaction was already 'passed and closed' long back. He also submitted that the waqif created the waqf no doubt for construction of a mosque but he could not leave any fund or provision for making the mosque. So, transfer of some land out of the waqf and with permission of th......qif and then, as the present mutawalli instituted the suit to rescue the waqf property from illegal alienation, which he was grab the waqf properties in fraud of the waqf and entitled to do under the law. The Court of appeal below was therefore wrong to affirm the conclusion of the trial Court that ..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......asked her not to say the same to others. In cross-examination, she has stated that she informed her parents after one year of the marriage. After 9 months while she stated to the father and mother in law they asked her to show the Kabinnama and so that they could ascertain, otherwise they would not ..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....ing SRO No. 260 dated 30-8-04 was not applicable in the cases of the petitioners who were as registered commercial importers and traders paying and intending to pay trading VAT at supply stage as per-provisions of the first proviso to section 5(2) and section 9 of the Value Added Tax Act, 1991, brie......o get proportionate return of said VAT on proof of payment of VAT as determined by the VAT authorities at the trading or supply stage against the bill of entry of the goods cleared in accordance with law. 15. We have perused the records. As the questions raised in the writ petitions are the ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....n the Juvenile Court. The Speedy Trial Tribunal cannot take away the rights given to the child accused known as youthful offender under the Children Act, 1974, since those rights were given under the provision of Article 28(4) of the Constitution. These rights having been given as positive rights de......t appellants before the comÂmencement of trial filed an application on 27-10Â2004 claiming to be minors and, as such, the learned Speedy Trial Tribunal has no jurisdiction to try them under general law; that the learned Tribunal comÂmitted an error of law in not directing an enquiry to ascertain ..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....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 submitting that in order to come under the provisions of section 9(2) of the Ain the death must be the natural consequence of the acts of the r...... PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. Anowarul Islam, Advocate—State Defence lawyer. Abdul Malek, Senior Advocate with AM Mahbub Uddin Khokan, SM Shahjahan and Md. Ariful..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. ...... no evidence as the prosecutrix Matiza Begum (PW 9) did not implicate any of the accused appellants in the instant case. Next, he submits that the trial Court most illegally and in total ignorance of law goverÂning the facts and circumstances of the present case convicted the accused-appellants onl..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
.... before the High Court Division, A division bench after hearing allowed the Jail appeal and remanded the case for fresh hearing with finding that the learned Tribunal did not specify as to under what provision of law adjustment of the sentence of imprisonment with the period in custody undergone by ......igh Court Division, A division bench after hearing allowed the Jail appeal and remanded the case for fresh hearing with finding that the learned Tribunal did not specify as to under what provision of law adjustment of the sentence of imprisonment with the period in custody undergone by the Jail appe..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expediÂtiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......he facts and circumstances of a particular case that the arms and ammunition alleged to have been recovered was kept by the accused himself. The long line of decisions are available on the point. The law is very much rigid and settled on this point. Regard may be taken of the decisions reported in B..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....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. ......m. 18. PW 7 Akhtar Par is also a neighbour and a public witness. He was also declared hostile by the prosecution and cross-examined where he stated that the appellant is his brother's son-in-law. He also proved his signature in the seizure list as Exhibit 2/4. On cross-examination by the ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
.... Revenue saying that the IDSC was neither duty nor tax. Hence, the Rules. 6. Mr. Mahmudul Islam, the learned Senior Advocate appearing on behalf of the petitioner, took us through the relevant provisions of the VAT Act and the Rules made thereunder and Articles 83 and 84 of the Constitution a......of the petitioner, took us through the relevant provisions of the VAT Act and the Rules made thereunder and Articles 83 and 84 of the Constitution and also read definition of Surcharge in the Concise law Dictionary, Edition 1997, reprinted 2001, by P Ramananda Iiyar at page 822 and submitted that sa..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)
.... 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.......rate of Government Accommodation, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....l have acquired no title over the suit land. 25. Standard Form of short term lease for khas lands for nonagricultural purposes speaks that rule 167 of Government Estates Manual, 1956 lays that the provision of this term is binding upon the lessor and the lessee. There is clear provision of law th......l District Judge, without consiÂdering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tenable in law, therefore, the same is liable to be set aside. 12. Mr. Zafor Ali, cited the decisions in the..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......rst preference over the claim of pre-emption. But the facts in the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ted in section 30 of the said Act and only by deposit of the amount in court which she is required to pay under the award or by furnishing security to the satisfaction of the court and in view of the provision laid down in the Arbitration Act the Title Suit No.142 of 1998 is not maintainable. Even t......e, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except through due process of law. The plaintiffs-opposite parties also filed an application under Order XXXIX rules 1 and 2 of th..Category: Civil Law | Date: | Hits: 77
....15(1) of the Code of Civil Procedure as amended by the Code of Civil Procedure (third amendment) Act, 2003 and in determining the revisional jurisdiction of the District Judge with reference to other provision of law namely, Civil Courts Act, 1887 as amended, the Suit Valuation Act and the provision......Code of Civil Procedure as amended by the Code of Civil Procedure (third amendment) Act, 2003 and in determining the revisional jurisdiction of the District Judge with reference to other provision of law namely, Civil Courts Act, 1887 as amended, the Suit Valuation Act and the provisions of the Civi..
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. ......”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 the offence while disposing of a revision arisen from Naraji ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... Income-Tax Act as under: "While so looking into the accounts of the company, an Assessing Officer under the Income tax Act has to accept the authenticity of the accounts with reference to the provisions of the Companies Act which obligates the comÂpany to maintain its account in a manner pr......llate Tribunal, which by impugned order dismissed the appeal giving however some solace in the form of reduction of certain disallowances. 2. In the circumstances, the following quesÂtions of law were referred to this Division for deterÂmination: (i) Whether, in the facts and on the ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....tive of the petitioner's right to trade and business as enshrined in the Constitution and the impugned omission prevents the petitioner from importing table potatoes from India in compliance with the provisions of law. Mr. Mahmood submits that there being no quantitative restriction in the Import Po...... J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not be declared to be in violation of Articles 27, 31 and 40 of the Constitution and without lawful authority and as to why the respondents shall not be directed to issue import permit to the p..Category: Business or Commercial Law | Date: | Hits: 219
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