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Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....o.1145 of R.S. plot Nos.651 and 653 of Mouza Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey ......ions Act, 1952, the rules framed thereunder, the Town Improvement Act, 1953 and the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Divisi....... Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......three plots is vague without specifying the boundary, learned counsel submits, it cannot be said that the Writ Petitioners have constructed buildings encroaching on the appellants land. 10. The moot question is whether the appellants can remove the unauthorized constructions without demarcation of ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
.... to boundary dispute between the accused and himself. He further denied the suggestion that he sold his entire house to the brother of Hashem and he being deprived of an opportunity to get permissive possession of the house this false case has been initiated. 17. P.W.2 Noorjahan, wife of the i...... stated that Mariam became adult and then she was aged 12 years. She could not tell how many times the boundary of her house were measured. She admitted that before 2/3 years they sold ½ katha land to Hatem Ali who is brother of accused Abul Hashem. She denied the defence suggestion that ther......Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......ocumentary warrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal m..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......hes of the authorities. As such, the persons who are unable to file a formal application, cannot be without remedy in vindication of their rights guaranteed under the Constitution and the laws of the land. If so, it would be in total negation of the spirits enshrined in our sacred Constitution.
......
......qually efficacious remedy is available or provided for by law, may under Article 102, make an Order in the nature of the writs of prohibition, certiorari, habeas corpus and quo warranto.
12. The question is whether a person who is aggrieved but unable to file a formal application as envisaged u..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......efore according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to ascertain the veracity of his statement. For not doing so, the sanction dated 17-8-2008 in question is ex facie biased and mala fide, and is not a sanction in the eye of law. Consequently, th..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. Afte......a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in the plaint the ......nt enforcement. It may be express or, where there is knowledge of the right, it may be implied from the conduct which is inconsistent with the continuance of the right (Halsbury's Laws of England, 3rd edition, volume 37, page 152). In the case of Associated Hotels Vs. Ranjit Singh, rep...... also Reported in: 65 DLR (HCD) (2013) 11. ...... on 25-9-1989 was marked as Exhibit-2 (Ka). iv) An application dated 4-8-1990 submitted by the plaintiff before the Chairman, Pubali Bank Ltd. Head office requesting him to transfer the share in question in the name of her husband and sons was marked as Exhibit-3. v) An application dated 2..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....hey are not liable to pay the claim amount of the plaintiff. 13. In his examination-in-cross the P. W. 1 stated that at the relevant time the defendant No. 2 Kysco, shipping Co., Ltd. was in the possession of the defendant No. 1 vessel by virtue of an agreement dated 22-9-2008 as charterer and ......upply of necessary and rendering service to the maritime vessel causes maritime lien upon the vessel itself and since the maritime lien runs with the res alike the order of injunction attached to the land and not against the party, therefore the res itself i.e. the defendant No. 1 vessel have been l...... the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......he payment of the same. Since the instant maritime claim itself is a maritime lien making the vessel liable for payment and as the vessel would be sold for the purpose of satisfying its creditor, the question of contractual relationship with the owner of the vessel for the payment against the supply..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......vation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......embered. As ready reference we may refer to a decision, reported in AIR 1984 (SC) 372 Bhagirath-sinh Judeja Vs. State: Wherein it has been held that- "If there is no prima facie case there is no question of considering other circumstances. But even where a prima facie case is established, the..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......tor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, own......urisdiction) Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor......sibility of the shipper and since the goods were landed in presence of the customs officer and after completion of loading the vessel holds were sealed by the customs authority in Calcutta, India, no question of any non-delivery of the goods arise at all. By the said additional written statement the..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......re released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......currence. P.W.11, the Investigating Officer stated that the ejahar was written by one Abdus Satter, who was neither examined under section 161 of the Code nor made a witness in the case. Naturally, a question arises as to how and when the informant lodged the ejahar. 18. P.W.2 the victim Rin..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ...... letter on basis of a complaint made by one ‘Titas Filling Station alleging that the writ petitioner's filling station was set up towards 400 meters north of Titas Filling Station'. 8. Now question is whether a new filling station can be set up within a radius of 400 meters of an existin..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......o Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ...... 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a wr..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.196......s civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2....... Send down the lower Court records. Ed. This Case is also Reported in: ...... dispossessed the plaintiffs therefrom on 10.1.1993 disclosing that they had purchased the land from the said Meher Mondal, who had acquired right and title over the same on the basis of the deeds in question. The plaintiffs initially filed an application to the Deputy Commissioner, Gaibandha for ev..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....rwise abusing his position as public servant, obtains or attempts to obtain for himself or for other person any valuable thing or pecuniary advantage, or (e) if he or any of his dependants is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of pro......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......his order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......ী গ্রহণ করিতে হইবে।” 31. Upon reading of the aforesaid provision, it is evident that the authorized officer is the only person who can approve any plan. The question arises, therefore, on what authority or on what basis did the informant/ prosecution raise ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......rt is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......Appellate Tribunal again on the same ground. The Tribunal even upheld the decision of the Commissioner of Taxes (Appeal) against which this Reference Application has been preferred in which following questions have been framed:— "A. Whether, on the facts and in the circumstances..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....ash; 1) Is the suit maintainable in its present form? 2) Is the suit barred under section 42 of the Specific Relief Act? 3) Whether the defendant Nos.1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974? 4) Whether the defendant Nos.1 and 2 h......p; 3. The plaint's case in nut shell was that the defendant Nos. 1 and 2's transferor entered into a contract on 17-8-1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3, 30,000 out of which Taka 31,000 was paid as earnest money. The defendant Nos. 1 and ...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......llant Division. Now the executing court is bound to execute the decree as it stands. In the meantime the executing court has executed the kabala deed. In view of the above facts and circumstances the question of waiver of in executing the decree does not stand for the cause of withdrawal of Taka 3,6..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ge, Feni in Title Suit No.06 of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declaration of title and recovery of khas possession of ......of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declaration of title and recovery of khas possession of schedule "Ga" land as describ......ce this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......o appeal has been directed against the judgment and order dated 12.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4049 of 2006 discharging the rule issued calling in question the judgment and decree dated 07.08.2006 passed by the Joint District Judge, 1st Court, Fen..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ...... are that Opposite Party No.1, Md. Yousuf Ali filed Miscellaneous Case No. 37 of 1992 (subsequently renumbered as 16 of 1995) before the Assistant Judge, Debhata, Satkhira for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. His case, in a nutshell, was that he......d. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. J......cation for pre-emption within time. 3. The petitioner as vendor-opposite party No.3 entered appearance and contested the case by filing a written objection contending, inter alia, that the deed in question dated 25.6.1992 was actually a mortgage deed. The case land was given back to him by a reco..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......sult, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......e relevant time and they dealt different blows on the victim resulting serious injuries which were corroborated by post-mortem report and that the death was caused by those injuries. 26. Now the question is whether the involvement of Chunnu will come under section 302 of the Penal Code as ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......icate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......of filing and adjudicating the Artha Rin Suits, then only the provisions of Code of Civil Procedure may be followed. The learned Advocate for the petitioner has pointed out that the Artha Rin Suit in question, admittedly, was filed on 28.4.2004, but at the time of filling of the plaint the requisite..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
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