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Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......property and for that বিরোধ সৃষ্টি হইয়াছে that the appellant was a freedom-fighter and so he could not suffer any injustice, that in 1974 the informant had purchased lands from some people by tricks and it was the appellant who nullified the said purchase, that the ......rder of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ntenced to death for committing a double-murder by the Additional Sessions Judge, Rangpur and the High Court Division has confirmed the said sentence. Leave to appeal was granted to consider the only question as to whether there was any extenuating circumstance for passing the lesser sentence of i..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......d without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......tunity for importing sugar at the concessional rate of duty and sales tax. He opened irrevocable letter of credit for import of 500 metric tons of sugar from South Korea and eventually the sugar in question arrived at Chittagong Port on 24th November, 1984. 5. In the meantime on 6th November, 1..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......the income of the assessee whose salary income is exempted from tax………………(15 & 16) Cases Referred to- Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180; Inland Revenue Comrs. Vs. Wolfson (1949) 1 ALL E.R. 865 (868). Lawyers Involved: Moksudur Rahma......te Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Taxes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………..............Respondent J......ese two appeals by special leave are directed against the judgment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that once an income (such as th..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......cial Judge, Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It is alleged that the appellant while being an Officer of the Agrani Bank at the Local Office Branch, Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case......f by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......dgment and order dated 31.3.87 passed by the High Court Division, Dhaka Bench, in Criminal Appeal No. 81 of 1985). Judgment ATM Afzal J. - In this appeal leave was granted to consider the only question as to whether the order of remand for retrial passed by a learned Single Judge of the High ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......he High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). Judgment Shahabuddin Ahmed J. - In this appeal by special leave the short question is whether the High Court Division correctly exercised its discretion refusing stay of ex..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....enancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of......al is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. Tha......merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......t holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because the non-agricultural land which he was holding since 1939 was not 'comprised in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 h..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......issed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......ment and order dated 13 December, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 602 of 1988). Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the only question for consideration is whether the High Court Division in its Writ jurisdiction rightly ref..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......ted to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......ed 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rules, 1985 and that in the project proforma of the project in question it was clearly shown that out of 1552 recruited employees, 1487 officers and staffs would ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....ndary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction was also passed not to disturb the peaceful possession of the plaintiffs. Defendant No.1 appeared in the suit and filed written objection ......lication on 19.11.2002 under order 39, Rule1 read with section 151 of the Code of Civil Procedure Praying for temporary injunction against the defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The tria...... The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ala dated 25th Falgoon, 1345 B.S. corresponding to March 9, 1939, that Tofazzal and his wife were living in the house of Izzatullah Chowdhury, that since transfer Tofazzal Hossain had been in possession of the land of schedule 'Kha' and 'Ga' till his death in 1353 B.S. and after his death k......same upon setting aside the judgment and decree dated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking ......ntesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......iff No.2 is the real owner of the land in 'Ka' schedule. The trial Court while considering the case of the plaintiffs and the defendants as regard the land of 'Kha' and 'Ga' schedule observed that question of possession of the property will not be of very much help to ascertain the real title of..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ...... 2. The Petitioner preferred the above contempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direction to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating in......find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......azette the petitioner will be entitled to get payment of compensation money and the Deputy Commissioner, Dhaka, respondent No. 3, must make final assessment of compensation of the land in question of the petitioner within 2(two) months after such gazette notification" but inspite o..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....the Code of Criminal Procedure against opposite party Nos.1,2 and 4-33 for drawing up a proceeding in respect of 13.73 acres of land and restraining the second party from disturbing his possession, stating that the second party as plaintiff filed Title Suit No. 30 of 1994 in the Court......n Sikder filed a petition under section 145 of the Code of Criminal Procedure against opposite party Nos.1,2 and 4-33 for drawing up a proceeding in respect of 13.73 acres of land and restraining the second party from disturbing his possession, stating that the second party....... The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ng. 5. The High Court Division held that since the title Suit has been decreed and there is an appeal pending against the judgement, the Civil Court is in seisin of the subject matter on the question of title and possession, but the Magistrate assumed the jurisdiction under section 145 of..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram Hossain before getting delivery of possession of the property attempted to evict forcefully the darwan of Cyma Zarrar and as such Dhan......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......n of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully complied with, inasmuch as the auction sale in question was wholly without jurisdiction as the learned Artha Rin Adalat could invite bids for sale..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....s name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining land. The plaintiff had since been in possession of the said land. Defendant No.6 applied for settlement of the same land and obtained i......31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was ........Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate,...... application in respect of settlement case No.242/62-63 in favour of plaintiff-respondent No. 1, although the plaintiff’s settlement is still in the proposal stage. 8. The material question in this appeal is, whether paragraph 8 of Government Memo No. 21-77/70/223R/L dated 2nd Au..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....3-8 and a son by name Abdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the......ree dated June 29, 1992 of the Court of Senior Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....of the Court of Assistant Judge, Kaligonj, District Jhenidah. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of t......d the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving beh......with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... Nos.1-5, of whom defendant No.5 is the maternal aunt of the plaintiff and the defendant Nos.1-4 are the close relations of the defendant No.5, that plaintiff in pursuant to the said act made over possession to the defendants, that at the time of transfer many elites of Srimongal Town were prese...... 1993 having been served on September 28, 1992 with the summons of Miscellaneous Case No. 18 of 1992 filed on September 20, 1992. The Miscellaneous Case was filed seeking pre-emption as contiguous land holder of the land transferred by the kabala sought to be declared as forged, fabricated and v...... do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......bsp; the summons of Miscellaneous Case (pre-emption) No. 18 of 1992 and thereby came to know that the defendant Nos. 1-5 upon using the name of the plaintiff have created the kabala in question in respect of the land mentioned therein, that the plaintiff obtained the certified copy o..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......hellip;…………………………….Respondents. Judgment January 12, 1998 Lawyers Involved: A. K. M. Shafiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Khan Saifur......699 of 1989) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted ju..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......re of respondent No.1 other than the amount deposited by petitioner No.2, the petitioner's claimed amount are not in any way the contribution for the share of the respondent No.1. Hence there is no question of giving share or directorships of respondent No.1. Petitioner No.2 who obtained and produ..Category: Banking Law | Date: | Hits: 185
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