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Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....l. 10. Ms. Tania Amir submits that the instant fatwa is a punishable offence under section 508 of the Penal Code and there are also other sections in the Code to punish the persons involved in the execution of the fatwa and that the nature of the execution will determine the penal section under w......efore him as animals.” Wrote Eliar Caneth, winner of the Nobel Prize in 1981, in his book, Crowds and Power. In pre-Islamic times the basic concept of marriage under the customary law was that of a sale of the woman by her father or other near male relative, who received the purchase price paid by......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ection (4) of Section 45 of the Ordi­nance has no manner of application in the in­stant case inasmuch as the applicant company is only engaged in the business of producing yarn and cloths and the sale thereof and it has no other industrial undertaking or business and the applicant is given the......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......at the defendants were the successors of Salamatullah who was the vendee of the suit land sold by Cherag Ali, the ancestor of the plaintiffs. Cherag Ali handed over possession to the vendee after the sale. Cherag Ali was an educated person and was related to the then Sub-Registrar Mr. Mozaffar Islam......ent of this Division some facts were not reflected as those were not argued by the learned Advocate for the petitioner at the hearing of the leave petition, particularly the fact that in the impugned deeds there are no endorsements that the Sub-Registrar Mr. Mozaffor Islam exempted the said Cherag A..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....n FA No.106 of 1987 reported in 42 DLR 43 where the Division Bench of the High Court Division allowed the appeal against the Government and others. The petitioner was subsequently not engaged for the execution case. The petitioner received another Memo bearing No.3/Dar/92 (Bank) 977 dated 12-9-94 si......(Annexure-A) on 31-10-93. The respondent No.3 showed the petitioner an anonymous letter alleging, inter alia, that the petitioner had smuggled moneys out of the country. The said letter mentioned the sale of holding No.77. Motijheel Commercial Area Dhaka (where the petitioner’s chamber is situ......out lawful authority and to be 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: 51 DLR (HCD) (1999) 421. ..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. S......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ...... successors of Salamatullah who is the Vendee of the suit land sold by Charag Ali, the ancestor of the plaintiffs as he was in need of money. Charag Ali handed over possession to the Vendee after the sale, Charag Ali was an edu­cated person and was related to the then Sub-Registrar Mr. Mozaffar ......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ...... Civil Petition for Leave to Appeal No. 431 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- This petition arises out a suit for specific performance of a contract for sale. The petitioner brought the suit to enforce the contract against respondents No. 1 and 2 who w......eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..

Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....ndants by its letter dated 25-8-90 asked the plaintiff to take back the earnest money as the agreement has already been canceled long back. Respondent No. 2 served a legal notice on 2-10-90 demanding execution and registration of the sale deed within seven days as after lapse of more than four years......High Court Division, Dhaka in FA No.63 of 1992). Judgment ATM Afzal CJ.- This appeal, by leave, at the instance of the defendant arises out of a suit for specific performance of contract for sale of the suit property, Title Suit No.34 of 1991 of the (new) Court of Subordinate Judge, Narayan......by letter dated 3-6-86. 3. The appellant received the offer and encashed the Bank draft on 5-6-1986. Subsequently, verbal assurance was given to respondent No.2 to execute and register the sale deed as early as possible. Respondent No.1 being in possession of the suit property had to wait beca..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ...... hajat. A civil suit has been filed by the Government against the accused petitioner being Title Suit No. 127 of 1977 in the Court of the Subordinate Judge. Rajshahi, for cancellation of the exchange deed. The suit has been filed by the Assistant Custodian of Vested Properties (Land and Building). T..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......t appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to the petitioner Nos.1 and 2 and obtained permission from the DIT,......y Provision) Ordinance, 1985 (Ordinance No.LIV of 1985). 3. It appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......nd that the English Law of arbitration is in pari materia with the Bangladesh counterpart. Therefore the Bangladesh Court will administer the corresponding English procedural law, a strange logic indeed. It is true that Bangladesh Courts often follow the English law when there is no municipal law..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......respondent No.6, the allottee of the Government, is in occupation of the property in question and that Government realised rent for some time from him and at one stage having offered the building for sale he paid 20% of the consideration money. But in view of the judgment of the Court of Settlement ...... Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner ..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......rtistic works either singly or in collaboration with other employees of the respondent No.1 for the exclusive benefit and welfare of the destitute and underprivileged women of the respondent No.1 for sale at home and abroad and in course of her employment up to 30‑1‑86 with the respondent No.1 s......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)

..... Mr. AKM Shahidul Huq, appearing for the opposite party, submits first, that the Rule is liable to be discharged as it has become infructuous as the opposite party obtained delivery of possession in execution of the decree passed in the suit. He also submits that in view of the fact that there is n......ner, felt difficulty to support the Rule.   In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......ner, felt difficulty to support the Rule.   In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..

Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... said fishery belonging to other landlords was settled with one Inamullah, one of the persons who took Pattan of the 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharer..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....wing words: "The sweep of right to life conferred by Article 21 is wide and far reaching. It does not mean merely that life cannot be extinguished or away as, for example, by the imposition and execution of death sentence, except according to procedure established by law. That is but one aspec......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaffar Hossain the father of the petitioners vide a letter of allotment dated 24-8‑60 and a lease deed was executed for a period of 99 years on 19th July, 1966 (Annexure‑B). The allottee who haile..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......ly aware of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and h......are of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

....ling himself so that such warrant cannot be executed. The prerequisites for publication of a proclamation are the issuance of a warrant and absconsion or concealment of the accused so as to evade the execution of the warrant. Attachment under section 88 of the Code of Criminal Procedure of the prope......na Abdul Mannan and the money of the draft upon collection was credited to personal account No.933 of petitioner No.1 in Agrani Bank, Monakshali Branch. This amount of Taka two lac collected from the sale proceeds was given by accused Abdur Rahman to Petitioner No.3 Abul Khair, cousin brother of pet......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....ntainable and the learned court below rightly passed the impugned judgment and decree upon proper consideration of materials on record. It has been further submitted by Mr. Majqmder that the alleged execution of Ext.2 (Bharanama) by Sirajuddin and the thumb impressions appearing therein and in the ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admit..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182