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Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......t of detention, specific provision of a positive law providing for such detention on its being satisfied as to the existence of certain circumstances authorising such detention. When the law of the land confers a power upon a certain authority to detain a person on being satisfied as to the existe......pellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......rit Petition. 3. Upon hearing the parties the learned Judges of the High Court, held the order of detention was valid and so dismissed the petition Leave was granted to consider the following questions: (1) Whether the grounds of detention were vague, indefinite and misleading inasmu..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......as the confession of Alo is concerned, it is to be remembered, that though it was retracted but it was found to be voluntary and true by the Courts below and the accused Alo is not before us. The question is whether it could be used without independent corroboration against the appellants it is ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..........Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by S.S. Hoda, Advocate-on Record - For the Appellant. M. Hasan, Advocate instructed b......he personal assessment of their mother. 3. At the instance of the Commissioner of Income-Tax reference under section 66(1) of the Income-Tax Act was made to the High Court for decision on the two questions formulated therein which are reproduced below: "1. Whether on the facts and in the cir..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......rator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 1961-62. 2. Short point for our consideration is as to whether in view of the fact that since the acquisition of land was made under section 93A of the Town Improvement Act, 1953 which does not provide for appea......sult, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......rd under the Act, the High Court ought to have held that the appeal had been filed within the period of limitation, which would be three years in this case. Facts in short are, that the properties in question belonging to the respondent Moslem Mia were requisitioned under section 93A of the Town I..Category: Procedural Law | Date: | Hits: 101
....ousand) only.”
3. In continuation of this letter, the Respondent wrote another letter, on 12th January, 1959, to the Income Tax Officer. He explained that the amount of Rs. 1,30,000/- in the possession of his wives and children, represented his earnings and savings in Shillong (India) si......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgment
K Hossain CJ.- The short question as to the true construction of Martial Law Regulation No.48(iii) of 1958 is involved. Fac..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the pre-em......his petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e to be dismissed but the High Court Division erred in law in holding that the deposit was made within time and accordingly discharged the Rule. 9. It appears that the kabala in question was registered under section 60 of the Registration Act on 23.08.1979 and the amount of Tk..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statement and the land ha......that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the p......ir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For ......nd the Court thinks that the name of any person ought to have been joined whose presence before the Court may be necessary in order to enable effectual and complete adjudication and settle all the question involved in the suit. The object of the aforesaid rule is that it is necessary to make a p..Category: Property Law | Date: | Hits: 24
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....ion discharged the Rule. 4. The learned counsel appearing for the defendant No.8 petitioner has submitted that the courts below failed to consider that the defendant No.8 petitioner is in possession of .87 acres out of suit property which was purchased by him by 3 (three) registered kab......eeing the suit for partition. 2. The respondent Nos. 1-8, as plaintiffs, instituted the above Partition Suit No.236 of 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belon......t be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....id defendant was collusive, void, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely related to each other being brother and sister and for convenient possession of their inherited properties there was a deed of partition amongst them and accordingly......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......without any substance. 7. The leave petition is accordingly dismissed. Ed. ......upport of the petition, Mvi. Md. Wahidullah, earned Advocate-on-Record, submits, inter alia, that no witness was produced by the plaintiff to prove that she was induced to execute the deed in question and the High Court Division committed error in the decision concurring with the finding of..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....nd others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the laches of the per...... Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plaintiff of the instant suit has righ......ingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......the ex parte decree on the ground of fraud practiced in obtaining the said ex parte decree upon misleading the Court or preventing the defendant from placing his case before the Court. 16. The question whether an ex parte decree can be set aside on the ground that the same was obtained on the..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....vil petition for leave to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the s...... to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described i......tly, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......ppeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......ually filed incompetent representation under the garb of review before the Secretary, Ministry of Finance, Banking Division and the same was rejected on 3-8-1997 and in such view of the matter the question of filing review petition before the President did not arise. He, therefore, argued t..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......on report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was ......lay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....es. It is also the case of the plaintiff that she never intended to execute any Heba-bil-ewaz deed in favour of the defendant and that the said Heba-bil-ewaz deed was not acted upon since she is in possession of the property and enjoying the same, that she became certain about the Heba-bil-ewaz d......gh, 1395 BS, defendant fraudulently obtained her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour in respect of the land measuring 1.67 acres. It is also the case of the plaintiff that she never intended to execute......the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... 6. The trial Court dismissed the suit on the finding that the suit is not barred by limitation, that the Heba-bil-ewaz deed is a genuine one, that Rativan Bibi executed and registered the deed in question on her free will, that allegation of fraud in the execution and registration of the docume..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... Division made the Rule absolute upon observing that the trial Court on consideration of the evidence was quite correct in arriving at the finding that the plaintiff has right, title, interest and possession in the land in suit and the defendants failed to show that the plaintiff is their tenant......ebruary 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and the structure therein. The subject matte......t. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... of the two kabuliyats, one of 1927 and other of 1939 as there was necessity of reconciliation of the contention of the parties, as such, order of remand made keeping in view the question of ends of justice was quite legal and, as such, the High Court Division was in error in s..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... accused Abdul Quayum to be produced before the learned Magistrate is not above board. Moreso, a judicial officer behaved in an unusual and objectionable manner while he penned through the order in question on the back side of an application of accused Abdul Quayum dated 13-4-2005. The action of..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......tic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......e of reserved women seat in the Parliament, inasmuch as clause (2) makes them the member of the Parliament as deemed to be so. The learned Attorney-General has further submitted that the amendment in question which is a substitution of the old clause providing 30 reserved seats by 45 reserved seats ..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......aneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-s...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......ve considered the submissions made by the learned Counsel. It appears that the preemptor instituted the case making clear averment that no notice was served upon the preemptor regarding the sale in question and that later after coming to know of the transfer he instituted the case within four mon..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....the collection of the stamp, Abdur Rashid became ill and after two months he recovered and on March 8,1995 upon accepting the price claimed by. Abdur Rashid executed the deed of sale and made over possession of the land so agreed to sell, that Abdur Rashid assured the plaintiff that he would reg......e Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal grandfather ......e we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... 5 years before his death became paralysed, that defendant No.1 used to look after him, that through the men of his party the plaintiff has brought into existence the document in question, that defendants as co-sharers are in possession of the land as regard which the plaintiff..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ...... especially because the petitioner himself requested respondent No. 2 to accept him as a beneficiary of the said Pension Rules through an application dated 16-3-92. In that view of the matter, the question of applicability of the Service Regulations of respondent No. 1 to the petitioner does not..Category: Employment/Service Law | Date: | Hits: 109
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