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Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......such goods' refer not to the confiscated goods, but the declared goods in any of the Customs papers, where a false declaration has been made. The cited decision are not all relevant to the present case except two, one, Bal Kissan Vs. Collector of Customs, AIR 1959 Calcutta 533, and the other Pal......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... ‘subletting’ within the meaning of the State Acquisition and Tenancy Act. According to the learned Counsel, the provisions of section 75A of the Act are attracted only in the case of an agricultural and horticultural holding and as the disputed property was a residential ho......el Section 75A of the Act provides that on and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates and that any subletting,..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving fal...... brother, Golam Bari, that is father of Abu Taher and Abul Kashem, had died about 20 years ago. Both uncle and nephews reside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the uncle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about si..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but it does not appear from the language used in section 339C that it was the intention of th......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the Service Regulations of Bangladesh Agricultural Development Corporation. 2. the petitioner’s case is that he was the Seed Development Officer at Pabna under Bangladesh Agricultural Developmen...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......g the kabalas of the defendant Nos.2 and 3 illegal and void filed the suit. 4. The suit was contested by defendant Nos.2 and 3 by filing separate sets of written statements, although their case was more or less identical. It is the case of the contesting defendants that the land in suit ......d and registered on May 24, 1984 by Sukhada Sundari and others in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in sch..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Court of Subordinate Judge, that all the suits were dismissed and thereupon the defendant Nos.7 and 8 in collusion with the vested property officials started VP Case. No.2 of 1978-79, that the said case was contested by the plaintiffs and the Additional Deputy Commissioner (Revenue) passed order r......ecree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolish..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......r Suit No. 26 of 1993, appellant filed Other Suit No. 136 of 1996 impleading the respondent Nos. 1 and 2 herein as the principal defendants seeking the relief as mentioned herein before. It was the case of the plaintiff-appellant that he proposed to sell the property described in the schedule at......s executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date of contract the def..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......d in suit to the plaintiff on February 27, 1970, that the plaintiff got his name mutated and possessed the land on payment of rent, that Bipin Chandra in collusion with others filed criminal cases against the plaintiff but he was acquitted, that defendant No.......uit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdi..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ...... title. 2. The appellants instituted the suit as plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......e the ballot boxes and that the appellant got elected by resorting to corrupt and illegal practices by resorting to corrupt and illegal practices la collusion with Presiding Officers. 3. The case was taken up by the Tribunal for hearing on 95-77 and respondent No. Chand Miah was examined a......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......uage of the Act since it is meant for levy of tax on lands and buildings m urban areas, which are not exclusively occupied for religious or charitable purposes. 7. Mr. Sobhan relying on the case of Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44, contended that protecti......d to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involved: Ahmad Sobhan, Senior Advocate instructed by..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......Mudassir Husain CJ.- This criminal petition for leave to appeal has arisen out of judgment and order dated 27-03-2006 passed by a Division Bench of the High Court Division in Criminal Miscellaneous case No. 3659 of 2003 filed under Section 561A read with Section 517 of the Code of Criminal Proced...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ponding to G.R. Case No. 119 of 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted charge-sheet against 15 acc......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......equently he had no knowledge about the filing of the appeal by the Respondent No.1 (herein), that he only of late came to know about the disposal of the appeal ex-parte. 4. The Miscellaneous case was contested by the Respondent No.1 (herein) who was appellant in Miscellaneous Appeal N...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......tion of limitation and no such reflection has been made in the order of re-admission, although the learned Court below sufficiently discussed the matter and rightly allowed the Miscellaneous case filed under Order XLI read with section 151 of the Code of Civil Procedure. For tha...... stated in the plaint that the property does not belong to forest department but still the defendant Nos. 1-3 have been threatening the plaintiffs to dispossess them on the plea that the land belonged to forest department and being afraid of forceful dispossession they fleet const..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... been instituted falsely and was therefore liable to set aside. 5. The plaintiff did not get herself examined as witness and on her behalf four witnesses were examined in support of her case. The defendant examined three witnesses. 6. After hearing the parties, the learned Assi...... heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant res..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... After investigation, the Investigating Officer submitted a charge-sheet on 28-7-1998 against 17 accused persons but final report in favour of 5 accused persons including the respondent in the said case and the investigating officer prayed for release of those persons from the said case on 20-07-...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......al Code read with section 101 of the Railways Act and after investigation charge sheet was submitted against the two respondents and others including Syed Jahangir Alam and Md. Alamgir Hossain. The case being sent for trial the learned Additional Sessions Judge, First Court, Jessore tried the case......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......tle Suit No. 46 of 1993 dismissing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafde......sing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to ..Category: Property Law | Date: | Hits: 38
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