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Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......arties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years and thereby, the petitioner acquired no valid title. In suc......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......at demand. 4. As against that the plain case of the opposite parties in this Rule is that one Momena Begum, daughter of Abul Hossain of 115. Monipur, Dhaka was the original allottee of the shop in question, an agreement was executed between the Corporation and said Momena Begum and all payments i......te parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court in Civil Rule No. 229 (FM) of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title S..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ....... 1 of 1985) are bar against the institution of the suit as the matters involved in the suit are compulsorily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits tha......nt for sale of a piece of land involving a Co-operative Society and a third party is, therefore, a matter triable by the civil Court and section 86 of Ordinance is no bar against a suit. 7. In the facts of the case, we are of the view that the matters in dispute are exclusively triable by the Civ..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......eased. Abdul Jabbar, Shamsuddin Bhola and Abdul Sobhan of village Kakar Randi Benupara were suspected by the wife of the deceased. Thereafter she lodged the first information report stating the above facts and upon which Sherpur PS Case No. 4 dated 15‑1‑1985 was started under sections 302/34 of ..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......For the Petitioner. MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being dispose...... MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being disposed of by this Judgmen..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......d Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......€”For the Petitioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-2Â19......id Assistant Director, without considering the above statement, seized the cash memos and stock register of the petitioner. The petitioner contracted with the Assistant Director and explained all the facts to him and requested him to give back the papers seized but without responding to his request ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... appeal from jail. In such situation his appeal from jail should be admitted for hearing giving a chance to the accused appellant petitioner to defend his case. 4. In criminal case there is no question of condonation of delay as the period for avoiding apprehension is never curtailed from the......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......nce of the Special Powers Act, 1974, triable by Special Tribunal. But the learned Judge of the Bishes Adalat tried the case without jurisdiction. He adds that the victim did not disclose the material facts at the earliest point of time. So her belated disclosure of facts was nothing but subsequent e..Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......r dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the petitioner was a private limited compan..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
...... the suit property is not vested property and that his claim is barred under section 115 of the Evidence Act.
20. Considering the evidence on record the Court of appeal below as the final Court of facts held that the plaintiffs failed to prove their right, title, interest and possession in the su..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......abilities, etc were produced in support of the return. The Deputy Commissioner of Taxes however, under section 83(2) of the Ordinance estimated total income of the assessee for the assessment year in question at Taka 12,45,322 and accordingly, determined income tax to be paid. 3. Being aggrie......ate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above references were presented, in short, are that the applicant (same in both..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......aintiff has preferred MisÂcellaneous Appeal No. 137 of 1991 and 138 of 1991 and those appeals are pending. Whether the notices were served or not by the Rin Salishi Board upon the plaintiffs are the questions of fact and that were not challenged in the suit. The plaintiff has neither challenged the......peal No. 45 of 2003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned AssisÂtant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi C..Category: Property Law | Date: | Hits: 34
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......nded provisions of the Ordinance 1976 that the Respondent No. 4 Additional Commissioner of Police KMP, Khulna is the authorised officer by law to issue the impugned order (Annexure-'F'), as such, the question of lack of jurisdiction is not sustainable in law and accordingly, we hold that the facts a......o have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation d..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......o one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction o...... Ka list. In the instant case, the Government neither took over possession of the said property from the petitioner by evicting them nor served notice on them under Article 7(3) of PO 16 of 1972. The facts of this case appear to be similar to that of the case of Amir Hossain vs. Government of Bangla..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......Md. Yunus being in need of urgent cash money sold out the aforesaid building to Md. Abdul Quayum by a registered deed being No. 881 dated 3-2-1969 and delivered physical possession of the building in question to said Abdul Quayum and that thereafter, Abdul Quayum while was in ownership and possessio......tuated at House No. 1/15, Block-D, MohammadÂpur, Dhaka, from the list of the abandoned property and pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petiÂtion are that the House No. 1/15, Block-D, Razia Sultana Ro..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......o papers to show that accused-petitioner used to live in his house as tenant since 1991 and PW 1 has got no papers to show that the accused-petitioner had business of powder milk. In reply to another question, PW 1 said that he has no witness to prove that he gave cheques of Taka 38,00,000 to the ac......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......eived in part or full. The respondent has levied VAT or taxes on supplier of SIM Card irrespective of the identity of the operators of mobile phone and the identity of the subscribers, therefore, the question of discrimination did not arise at all. The respondent has also re-fixed the tariff value o......ty and is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limit..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......e entire transaction was made at Dhaka, as such, the initiation of the proceeding at Chittagong is not permissible under law. 5. The submissions made is not sustainable either in law or on the facts of the given case. The offence under section 138 of the Act can be completed with the concentr..Category: Criminal Law | Date: | Hits: 50
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