Search Options
Judgment Advanced Search
Displaying 41-60 of 3679 results.
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....Report (FIR) with the Chakaria Police Station against six accused persons namely Abdul Mannan, Abdul Hamid, Baharuddin, Buri Begum, Abdul Quader and Saber Ahmed alleging, inter-alia, that he had land dispute with the accused persons, who on 20-2-2001 at 1-00 PM being armed with dao, spade, iron...... (Criminal) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Abul Bashar Chowkidar.......................................Petitioner Vs. Abdul Mannan @ Khadem......harge-sheet after the initial investigation is completed, is the result of a "re-investigation" or a "further investigation" is a matter of semantics. The question that may be posed is whether or not there would be any prejudice if instead of calling it re-investig.................Petitioner Vs. Abdul Mannan @ Khademul Islam and others…………… Respondents Judgment September 11, 2014. Result: The petition for leave to appeal is disposed of. Code of Criminal Procedure (V of 1898); Section 173(1) &..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
....
Sharifun Nessa and others………………Respondents
Judgment
September 9, 2014.
Result:
The appeal is disposed of.
Leasing out the disputed land to the respondents or their legal representatives at present market price subject to proof of t......Appellants
Vs.
Sharifun Nessa and others………………Respondents
Judgment
September 9, 2014.
Result:
The appeal is disposed of.
Leasing out the disputed land to the respondents or their legal representatives at present market pric......ers Involved:
Bishno Dev Chakrabarty, Deputy Attorney-General, instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellants.
Md. Badroddozza, Advocate, instructed by Sufla Khatun, Advocate-on-Record—For the Respondents.
Civil Appeal No.48 of 2008.
(From the......ers………………Respondents
Judgment
September 9, 2014.
Result:
The appeal is disposed of.
Leasing out the disputed land to the respondents or their legal representatives at present market price subject to proof of their genuine title
..
Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
....this judgment would govern both these rules.
2. Petitioners as plaintiffs instituted the aforesaid Title Suit No.137 of 1995 for permanent injunction. It is the case of plaintiffs that suit land originally belonged in 2 annas share to Hafiza Khatoon, wife of, Alimuddin, predecessor of plai......
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
......aking recourse to force. When law is there, until and unless the law is invoked no one can evict from the suit property by administrative order, but since it is submitted on reference to the records that when dismantle was done violator was not in knowledge about pendency of the proceeding befo......in Chaklader J
Ashish Ranjan Das J
Chowdhury Mia and others ...............Plaintiff-Respondent-Petitioners
Vs.
Superintendent, Primary Teacher Institution and others.....Proforma-Defendant-Appellant-
Opposite Parties.
Judgment
September 4, 2014.
Result:
..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....ime of occurrence (2) Nurul Anowar, the Chairman of Harala Union Parishad, and (3) Alhaj Md. Yunus, Contractor stating inter-alia, that during the period from September, 1994 to June 1995, a piece of land measuring 2 acres was acquired at Gachbaria under the order of the then Minister to construct a......titioner Vs. State & another…………………..Opposite-Parties Judgment August 13, 2014 Result: The Rule is discharged. Case Referred to- State Vs. Iqbal Hossain, 48 DLR (AD) 100; Khurshid Alam Vs. Azizur Rahman, 9 B......LC (AD) 241; Md. Matiur Rahman Vs. State, 19 BLD 607 = 4 BLC 375; Golam (Md.) Abdul Awal Sarkar Vs. State, 49 DLR 95; Abul Basher Vs. State, 47 DIJR 521; Abdul All Vs. State, 30 DLR (SC) 58; Taslima Khatoon Chhanda Vs. State, 17 BLC 277; Lutfar Rahman Vs. State, 25 DLR (AD)101; Md. Moslem Uddin Vs. ...... DIJR 521; Abdul All Vs. State, 30 DLR (SC) 58; Taslima Khatoon Chhanda Vs. State, 17 BLC 277; Lutfar Rahman Vs. State, 25 DLR (AD)101; Md. Moslem Uddin Vs. State, 10 MLR 199; Rafique (Md.) Vs. Syed Morshed Hossain, 50 DLR (AD) 163; Lutfar Rahman Vs. State, 21 DLR 933; Moyna Miah Vs. State, 5 BLD (A..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....) shall be made by such person, in such form containing such particulars, as may be prescribed. 4. Nothing in this section shall apply to any transaction in relation to- a. Any agricultural land, or b. Any non-agricultural land valued at a sum not exceeding one lakh taka, situated out......ellip;……..Respondent Judgment July 23, 2014 & July 24, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Questions formulated for determination: In Income Tax Reference Application No. ......d Income Tax Reference Application No. 302 of 2013: 1. In the circumstances and on the facts, whether the Taxes Appellate Tribunal, was justified maintaining the decision of the authority below that the Bank transaction is the basis of income and material for the proceeding under section 83A(5)......also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....at their end, supplied by the Assessee-writ petitioner. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......e consumer does not pay the gas bill directly to the gas company rather the bill served by the gas company is collected through the banking channel, which has not been denied by the taxes department that the consumer pays the bill to the classified Bank and the Bank in turn pays the billed amount to......ourt High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J J.S.M. Glass Industries Limited, represented by its Director, Dilkusha Centre, 28, Dilkusha (18th floor) Suit No-1803, Dhaka-1000………&hell..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ed. Code of Civil Procedure (v of 1908); Order XXXIX, rules 1 & 2 read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the g...... Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......dure (v of 1908); Order XXXIX, rules 1 & 2 read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal o......ossession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is sufficient to prove that the defendant No. 1 ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....hipur village of Fatulla Police Station had approached the accused two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got 0.03 acres of land of RS plot No. 3116 corresponding to SA plot No. 1539 of khatian No. 3759 of mouza Kashipur but......sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ...... Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that is, after 11 days of the promulgation of the Bidhimala the occurrence of this case was taken pla......and another………………………..Respondents Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records...... Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June 5, 2014 ......ult: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is m......ddin Howlader and others………Respondents Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....eme Court of Pakistan, even a property which was not liable to be requisitioned under the un-amended provision and on the basis of such exemption an individual constructed a wall and structure on the land, the said property was subsequently requisitioned by the government after withdrawal of su......cated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......as well as the Bangladesh Bank by filing separate affidavits-in-opposition through learned Advocates. 8. Mr Munir Sharif, learned advocate appearing for all the petitioners, mainly submits that since the letters of guarantee concerned were executed by the petitioners before the amendment o...... Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules are discharged. Bank Company Act (XIV of 1991) Section 5 GaGa Declaratory and Clarificatory Amendment—"Defaulter-Borrower" Substantive right of ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....he application filed under Order VII, rule ll(d) of the Code of Civil Procedure for rejection of plaint.
2. It is stated that the petitioner No.1, ECOM Agro Industrial Corp. Ltd. based in Switzerland and is an international supplier of raw cotton and the Petitioner No. 2, ECOM Agro industrial A......haraf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 2014.
Result:
This rule is disposed of.
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to revi......arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the Arbitration Act when it is found that there is arbitration proceeding, Court should keep its hands off from the proceeding pendin...... (2010) 330
..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....is allowed. Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy......hat land save and except his own share only even if the original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while s......lding can be divided by separation of 'joma'. After partition of any land by metes and bounds a co-sharer remains no more co-sharer of the land and loses all his right, title and interest in that land save and except his own share only even if the original holding/tenancy remains intact and ...... the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy'. Land can be divided by partition, holding can be divided by separation of '..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and ...... This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......n) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respond......l Kader and others .................Plaintiff-Respondents Judgment May 19, 2014 Result: The disposed of. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Appellant. Nasir Uddin Khan, Advocate—For the Respondents. FMA No. 308 of 201..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....¦²à¦¾à¦¶à§Ÿ) was created due to the erosion. The Bazar was fully established in 1997. Deceased-Moulana Abdul Quader entered into a contract with Sohrab Mia and Awal for purchasing about 2.00 acres of land adjacent to the Bazar. Accused-Mobile Quader told him (P.W. 3) to form a new Bazar committee by...... Reported in: 67 DLR (AD) (2015) 6. ......r Sinha J. - I have had the advantage of reading the draft copy of the judgment proposed to be delivered by my learned brother Md. Abdul Wahhab Miah, J. Though I agree with his ultimate opinion that the High Court Division erred in acquitting accused respondent Abdul Quader @ Mobile Quader and ......Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake, 1844 (6 QB) 126; Zulfikar Ali Bhutto..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
.... Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy......hat land save and except his own share only even if the original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while s......lding can be divided by separation of 'joma'. After partition of any land by metes and bounds a co-sharer remains no more co-sharer of the land and loses all his right, title and interest in that land save and except his own share only even if the original holding/tenancy remains intact and ...... the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy'. Land can be divided by partition, holding can be divided by separation of '..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....lows: The present petitioner along with three others instituted Title Suit No.705 of 2005 in the 3rd Court of Joint District Judge. Comilla against the opposite parties for partition of the suit land described in schedule to the plaint. The case of the plaintiff, in short, was that the suit lan.......................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where this partiti......on deed and where this partition deed came before the Court from the custody of the contesting defendants the heirs of one of the executants of this partition deed itself it cannot be said that this partition deed did not come before the Court from the proper custody and, as such, taking o......others.........................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where thi..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....t there was no concealment on the part of the respondent. The High Court Division also held that the finding of the trial Court that the respondent concealed investment in respect of the plot of land in Cox's Bazar and he acquired Taka 96, 10,527.43 by illegal means and beyond known source ...... No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgment &nb......dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corruption Commission, 15 BLC 107. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No.I11 of 2011) Khursh...... (Criminal) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J State..........................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Fa..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....es is usually frequent. Even in advanced countries of the West instances of acting beyond authority and abuse of power is scarcely any less which is best captured by the percipient remark made by Maitland long ago: “If you take up a modern volume of the Queen’s Bench Division, you w...... Ed. This Case is also Reported in: ...... 6. Being aggrieved by the Memo issued by the Ministry the petitioner obtained the instant Rule on different grounds. He raised a number of contentions which practically boil down to three, namely, that the Government is not empowered by Section 4 of the Act to Divide a Union territory for the purp......angladessh & others, 51 DLR 261; Fazlur Rahman Vs.Bangladesh & others, 4 BLC 526; Saiful Islam (Md.) Vs. Bangladesh & others 66 DLR 310; Associated Provincial Picture House Vs.Wednesbury Corp (1948) 1 KB 223; Roncarelli Vs. Duplessis 16 DLR (2d) 689. Lawyers Involved: Khurshid ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....a memo dated 6th August 1991, the Ministry of Land intimated the petitioner that as there existed no provision for permanent settlement of vested properties, the leasehold tenure on the schedule land, a vested property, would be renewed every year until such time the government takes a final de......nbsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) H......he Writ Petition No.4608 of 2009 has been discharged on merit while the Rule issued in respect to the Writ Petition No.6766 of 2011 has been discharged as the same had become redundant. The petition that has been discharged on merit i.e. the Writ Petition No.4608 of 2008 was filed by the instant lea......b Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4,..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... as plaintiff instituted Title Suit No. 838 of 2012 in the la Court of Joint District Judge, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particularly described in the schedule to the plaint. 3. The case of th......rder. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......sh; When a plaint does not disclose any cause of action only then question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being que......e initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be buri..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
88628859921095789695970697159580956096029656883195739113886591158851918888499593