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Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....reover, on perusal of the provision of section 339C (4) of the Code, we are of the view that in the said provision there is no absolute direction to allow bail to the accused, even in Case failure to complete the trial within the statutory period, as the mandate, if any, for allowing such b has been......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... under this section. (8)................................................................. 18. Relevant portions of Rules 29, 30, 31, 31, 35, 36 and 39 are reproduced below which would give us a complete answer on the issue. “29. Publication of draft record of rights.-........................... of offence under sections 467/471/109 of the Penal Code against petitioners unless a formal complaint is made by the said Revenue Court in that section 195(1 )(c) of the Code of Criminal Procedure debars a criminal Court from taking cognizance of such offences on the basis of private complaint. The..Category: Criminal Law | Date: | Hits: 59
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....of the respondent No.7 which the respondent No.7, though not liable to repay, paid the entire amount by two cheques dated 26.12.2006 in favour of the respondent No.4 requesting the respondent No.4 to complete the lease agreement in favour of the respondent No.7. Finally on 14.01.2007 the respondent ......Petition No.231 of 2008.) Mahmudul Islam, Senior Advocate instructed by Zahirul Islam, Advocate-on-Record-For Respondent No.1 (In Civil Miscellaneous Petition No.231 of 2008.) Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008)..Category: Property Law | Date: | Hits: 33
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....emedy rather, they would be able to contest the suit on merit, on the contrary, the petitioner is left without any remedy and as such, an opportunity should be given to the petitioner for the sake of complete justice to safeguard his constitutional right to property. 9. We have heard the le...... part of the Court to decide the point of limitation and as the suit was filed on 29th September, 1986 for setting aside the judgment and decree passed on 20th December, 1977, the suit was hopelessly barred by limitation. The learned Subordinate Judge also observed that though the process server thr..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....l the suit property in favour of the said defendants by registered deed. But in spite of recording the suit property in the name of Obaidul under Section 30 of the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 propose......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
.... 0.3188 acres was given to his wife Faki Bibi and defendants got their share by registered deeds No.75/46 and 75/47 and received their respective possession which shows that the partition was complete. Dr. M. Zahir then submits that a partition suit is not maintainable because the ejmali pro......atement denying the case of the plaintiffs stating, inter alia,that the suit of the plaintiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; that the defendants case is that the ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....been allowed by the Appellate Division. 11. Mr. Shaha next submits that the Appellate Division is empowered to review its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of t......ision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others...........Category: Property Law | Date: | Hits: 26
....hin 24 hours and Information received is well-founded
During a person’s arrest without warrant before the Magistrate, the police officer must state the reasons why the investigation could not be completed within 24 hours and what are the grounds for believing that the information received again......information obtained from the accused carries no evidentiary value against the accused person and can not be used against him, at the time of trial. Under section 163 of the Code, a police officer is barred from offering any inducement or from making any threat or promise to any accused while record..
Category: Constitutional Law | Date: | Hits: 137
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... father Munshi Imamuddin Dewan as his legal heirs and successors. Munshi Imamuddin Dewan was an old man of 85 years who had practically lost sense of worldly affairs, as his wife died earlier, he was completely dependent upon his son Nuruddin Dewan and daughter Shamsun Nahar Begum the defendant. Las......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
....submitted that services of PSI Agency is very much like that of the service renders by the 'জরিপ সংস্থা’ and that the Agency initiates its service in Bangladesh and that to give completeness to its service the Agency also renders service outside the Country i.e. the Count......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
..... Thereafter the liberation war was started and the defendant No.1 left for India. During the liberation movement the suit property along with the structures upon it such as godown, offices etc. were completely gutted into ashes by fire. The plaintiff expected that the saf-kabala deed would be execu......urt Division on an erroneous assumption of law of limitation concluded that in view of the above both the courts below utterly failed to decide the question of limitation that the suit was hopelessly barred by limitation. 6. He further submits that the High Court Division erred in ignoring the fa..Category: Limitation Law | Date: | Hits: 255
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....VAT Act by Section 7(18) of the Finance Act, 1999 in ultra vires of Section 7(1) of the VAT Act because the ordinary Grey Portland cement is an essential item for construction of building toward a complete life and is not a luxury item and as such, imposition of supplementary duty on ordinary Gr...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... the case of Secretary of State Vs. Mask and Co. reported in AIR 1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a complete ouster of Civil Courts jurisdiction, has enunciated the principles relating to exclusion of......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
.... 6. Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the petitioner submits that the High Court Division erroneously decided and perused the impugned judgment and order giving complete relief to the pre-emptor-respondent No.1 before giving an opportunity to the leave pe......ranger to the khatian under pre-emption. 3. The pre-emptee-petitioner contested case by filing written statement denying all material allegations made in the plaint stating that the case is barred by defect of parties. After purchase on 22.11.1995 he transferred 05 acres of land to Rolla ..Category: Property Law | Date: | Hits: 57
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....t, 1948 is totally without lawful authority and is of no legal effect. 15. He further submitted that the concerned acquisition proceeding in L.A. Case No.10/1963-1964 having been initiated and completed by acquisition and vesting the land with the Board under Section 93A of the Town Improveme......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....- from the plaintiff within 7 months from the date of execution of the agreement dated January 5, 1977 and during that time she would obtain the Income Tax clearance Certificate and would also complete the other formalities for execution and registration of the sale deed. The defendant ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....uld not be wrong to say that the Bureau of Anti-Corruption can come in to hold an enquiry into and investigate any offence under the Customs Act when similar enquiry and investigation has either been completed as contemplated by the Act or when no such enquiry and investigation has at all been under...... of Customs, AIR 1961 Cal. 616 the Calcutta High Court observed that when the importer has committed an offence under section 167(8) has nothing to do with the passing of the goods beyond the customs barrier. There will be no estoppel against the Customs authorities and the Customs officers is entit..Category: Fiscal/Taxation Law | Date: | Hits: 129
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... was ultra vires. That was the only constitutional question for decision before the High Court Division. 15. For good or bad, the Act has repealed the Ordinance. Repeal of a law means its complete abrogation by the enactment of a subsequent statute. CRAIES on Statute Law (Seventy Editio......claratory legislation to that effect instead of repealing it. The learned Attorney General leading the argument that the Ordinance was void had unwittingly put the legislature, as it appears, to embarrassment in that the Repeal Act was proved to be unnecessary. 18. Then again the High C..Category: Constitutional Law | Date: | Hits: 167
.... the Respondents."
5. Being aggrieved by the judgment and order as passed by the High Court Division the respondent No.1 by leave filed Civil Appeal No.244 of 2005 by leave and the contractor, who completed work, being affected by the said judgment preferred Civil Appeal No.245 of 2005 by leave.
......ior Advocate with Probir Neogi, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 245, 247 of 2005).
M. Amirul Islam, Senior Advocate, Mahbubar Rahman, Senior Advocate Ms. Tania Amir, Advocate instructed by Md. Zahirul Islam, Advocate-on-Re..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....case the High Court Division ought to have disposed of the Rule by awarding 25% solatium on the auctioned value to the auction purchaser as offered by the petitioners and that this Division, to do complete justice under Article 104 of the Constitution, may pass necessary order by awarding 25% so......ecretariat, Ramna, Dhaka and others.... Respondents. Judgment April 29, 2009. Lawyers Involved: Mohsine Rashid, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 ..Category: Civil Law | Date: | Hits: 88
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