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Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....sessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred ...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ...... during the assessment year which was not included in the family expenses and, as such, the enhancement of the family expenses by the Assistant Commissioner of Taxes is absolutely illegal and without jurisdiction. It is further asserted that in computing the family expenses the Assistant Commissione..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....which belong to the company or in which the other shareholders are entitled to participate. In the instant Case as it appears from the facts, the materials placed before the Court that there has been total mismanagement and the affairs of the company are being conducted in a manner prejudicial to th......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
.... been taken thereupon. Such an application does not deserve any consideration by this Division. 10. For the reasons stated above, the order of the executing Court dated 13-09-86 is, therefore, totally misconceived. Without reading the provisions of section 48 of the Code of Civil Procedure an......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....xed at the rate of 80% in respect of the vehicles and the National Board of Revenue also issued Standing Order No. 46/98 Cus dated 11-6-98, in supercession of the previous Standing Order, under which total depreciation was fixed at the rate of not exceeding 40% dividing the same into five parts for ......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......f the Finance Act, 1998 also. Therefore, reading Fourth Schedule of the Finance Bill, 1998 along with Standing Order 46/98 Cus dated 11-6-98. We do not find that the customs authority acted without jurisdiction in making the impugned order. It was also argued that the respondent had no authority t..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....Annexure-E). He submits that from above facts it is demonstrated clearly that the lives of petitioners and other slum dwellers of Balur Math Basti, Mirpur area are interwoven with the efficacy of the total scheme undertaken by the government. He points out that in the event of their eviction the pet......cification with definite description by boundaries in respect of land in the respective occupation of the petitioners and other slum dwellers in Balur Math Basti Block-E, Section-12 Mirpur and in the absence of specific and definite description of lands in occupation of the petitioners the restorati...... “The Court will have to decide in each Case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of person for invoking the discretionary jurisdiction under Article 102 of the Constitution. Ordinarily it is the affected party which is to ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......Though the petitioner has made certain statements as to the working days based on calendars of the Government, but actual working days of the trial Court cannot be gathered therefrom, firstly, in the absence of the order-sheet of the Court for the period in question. Secondly, the Calendar of the Go......hile appreciating the anxiety of Mr Ahmed on the health condition of the accused-petitioner we, in the facts and circumstances of the Case, are of the view that this is not a fit Case to exercise our jurisdiction under the aforesaid proviso to allow bail to the accused-petitioner charged under such ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....on of the evidence, of necessity, has to be thorough and more elaborate. This Case has no manner of application to the facts of the Case. Rather, here, the judgment of the appellate Court is based on total non-consideration of the evidence on record and absence of any finding of its own. In view of ......nd more elaborate. This Case has no manner of application to the facts of the Case. Rather, here, the judgment of the appellate Court is based on total non-consideration of the evidence on record and absence of any finding of its own. In view of provisions of Order XLI rule 31 of the Code of Civil P......ce on record. 21. The trial Court also found that the decree passed in Title Suit No. 264 of 1984, declared the initiation of a VP Case in respect of the suit lands illegal, and without any lawful jurisdiction, (Exhibit No. ‘Uma’ and ‘Uma-1’). Appeal preferred by a brother of defendants 5..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....ila Senior Munsif for review of the said order for return of the plaintiff. On hearing both the sides, the learned Munsif by his order dated 22-08-92 found the order for return of the plaint based on total misconception of law regarding the right of the plaintiff to sue in a Civil Court and accordin......unal. He then, submits, the review petition was hopelessly barred by limitation being out of time by more than 4 years. Both the Courts below erred in law in condoning such an inordinate delay in the absence of an application under section 5 of the Limitation Act. He finally submits that both the Co......lity at the instance of the defendants, the learned Munsif held that in view of the Administrative Tribunal Act (Act VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentati..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......ned Sessions Judge about the competency of the petitioner as a Magistrate was uncalled for and, as such, liable to be expunged. Besides, he submits, the Learned Judge traveled beyond the scope of his jurisdiction as an Appellate Court in recommending withdrawal of the Magisterial power of the petiti..Category: Criminal Law | Date: | Hits: 29
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
...... no relationship of landlord and tenant exists now and, as such, the petitioners are at present in illegal occupation and are trespassers in the house. Hence, they have no locus standi to invoke writ jurisdiction under Article 102 of the Constitution. Having considered the submission made by the lea..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....ed his decision mainly on his findings that the Supreme Court concluded that the defendants purchased 0.0090 acre only. So, claiming to have purchased 0.0090 acre only but selling 0.8372 acre showing total area of 0.90 acre to the defendant No.1 whether the defendant Nos. 2 to 6 practised fraud or n...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... the Appellate Division. 14. Nurul Huq further submits that apart torn the question of Order 7 rule 11 of the Code of civil Procedure in an appropriate Case the Court can exercise its inherent jurisdiction for ends of justice. In this regard he has referred to the Case of Burmah Eastern Ltd V..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......d, as such, section 195(c) of the Code of Criminal Procedure is clearly attracted which puts an embargo on taking cognizance of the alleged offence under sections 467 and 468 of the Penal Code in the absence of a complaint from the Court concerned”. 17. In the Appellate Division’s Case the is......e alleged to have been committed before Revenue Court in a Mutation Proceeding before whom alleged forged Judgment of the learned Munsif was filed by them and therefore, the learned Magistrate has no jurisdiction to take cognizance of offence under sections 467/471/109 of the Penal Code against peti..Category: Criminal Law | Date: | Hits: 59
.... the policemen the roaming sex-workers of Tanbazar and Nimtali who were found to be vagrant were taken to the Magistrate concerned who declared 155 of them as Vagrants and released 112 of them out of total 267 and with the help of women police were handed over to the Vagrant Authority under responde......ession by the local civil and police administration, in spite of the provisions of Suppression of Immoral Traffic Act 1933 whereby they are maintaining their earning/livelihood which the State in the absence of any prohibitory legislation has a duty to protect and a citizen has the right to enforce ......k and dagger like happened as there involved no mystery adventure or secret plots. The press reporting as annexed in the writ petition cannot be taken into consideration by this Court sitting in this jurisdiction, Moreover, the said reports were denied and no decision was taken in any inter-minister..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......nion at the initial stage. The chemical examiner did not get any trace of poison in the stomach. Therefore the opinion of the Medical Board casts serious doubt about the cause of death." 17. In absence of any evidence that the accused strangulated the deceased to death the High Court Division ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......at as there was existence of two gifts of the same property and an affidavit was filed canceling the gift in faovur of the respondent No.1 that in view of the objection of the donor and that in the absence of proof of absolute title thereon, it was not possible to order mutation. The office has ......in faovur of the respondent No.1 that in view of the objection of the donor and that in the absence of proof of absolute title thereon, it was not possible to order mutation. The office has got no jurisdiction to prove or declare title of the demised property which is a matter of decision by a C..Category: Property Law | Date: | Hits: 26
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