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Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ernment, opened Municipal holding in his name in respect of the suit plot and took connec­tions of various utility services, such as: WASA, Electricity and Titas gas in his own name and paid tax, rents and bills accordingly. He had also let out the said building to different organizations and pe..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....on examination of his records and after consultation with his lawyers and other concerned persons, sec­tion 26 certainly does not envisage a notice upon a person who is in detention and he is not expected to give any details of his assets within the time speci­fied. The person concerned must......ned in section 26 of the Anti-Corruption Commission Act, 2004 and the same is very much visible from the very starting of the Rule itself which only discloses about the dealing of section 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportu­ni..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ssion of the suit land. The said Meherunnessa Chowdhury while was possessing the suit land mutated; it in her name with the relevant government offices by opening a separate holding Number and paying rent (খাজনা) to the government. 4. She later on transferred the suit land to her daugh..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......, 1994 (the Act) to carry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to dispose the land, plot, apartments or shops by way of allotment, sale, rent etc; that it was stipulated in Article 29 of the Article of Association of the Respon..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ......use as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian  and also to receive rent from them according to law in respect of 4.69 acres of land under CS Khatian  No.11, SA Kh..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......62 from one Rojcit, SA recorded tenant and said Rojot got the suit land by way of settlement from original owner Manikko Sundory. It was the plaintiff case that after their purchased they went to pay rent and came to learn that the property was illegally recorded as vested property. 6. The defe..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....ary, on examination of his records and after consultation with his lawyers and other concerned persons. Section 26 certainly does not envisage a notice upon a person who is in detention and he is not expected to give details of his assets within the time specified. The person concerned must be affor......on but he does not represent the Commission, he is only one of its emplo­yees, to carry out the decision of the Commission. But at the relevant time there were no Commissioners, as such, appa­rently, the Secretary issued the notice on 18-2-2007, on his own, without any satis­faction and ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

....tion as 'what have you to say'? or 'what is your defence'? The specific point or points which weigh against the accused must be mentioned. If this is not done, he cannot be reasonably expected to be able to explain those points. The accused is to be examined after the evidence for th......nt No.3 Md. Hossain Ahmed and appellant No.1 and 2 demanded Dowry of Tk.1,00,000/- from her father but her father refused to pay the same. Thereafter the accused persons inflicted lathi blows on different parts of her body causing injury. While the neighbours came to save her and enquired about the ..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....n 10-6-1999 with the dead body of her husband. She was examined by the first IO of this case on 10-6-1999. 0h that day the mental condition of this P.W.32, obviously, was very bad and it could not be expected that on that day the next day of her husband's murder she could tell everything to the ...... other charge. These two charges are distinct and the essential elements for constituting an offence of criminal conspira­cy and those of abetment of an offence of mur­der are completely different. This wrong approach of the High Court Division in dispos­ing of the charges has reflected ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......ed, executed on 18-11-1958 and registered on 24-11-1958 by his own money and started possessing through bargadar. The SA record was prepared in his name. It is his case that the defendant used to pay rent through his maternal uncle's son (plaintiff's son). His father died leaving him the onl..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......n the suit claim was made for the land of CS dag No.223/369 of area of land 7080 Ajutangsha. Out of this area of land, plaintiff's claim is for 473 Ajutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peaceful..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....relationship between the Parliament and the Supreme Court, two organs of the state, is absolutely indispensable. So, self restraint and refrainment from deliberation on sub-judice matter is also well expected. While on our part we must also not record any observation on anything uttered in the Parli...... observation on anything uttered in the Parliament, as we are doing so in the instant case, save, with a view to allay confusion that seems to have permeated into the mind of the Hon'ble Speaker, apparently because of the infusion of erroneous information, we are putting the misunderstood facts righ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......y. 3. There is no dispute that the property in dispute was recorded in the names of the writ petitioner's predecessors and after purchase, it mutated it’s name in the record of rights, paid rent to the Government, allotted plots to its members and some of the allotees had constructed resi..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......is executive committee held its first meeting wherein the plaintiff was present. That plain­tiff's son Kamrul Islam as the project co-ordinator of WDP project obtained salary as well as house rent from the fund of the samity which was illegal. That the newly formed committee obtained a numbe..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....r City Bank Limited as one of the respon­dent before him and to dispose of the application as expeditiously as possible. In this connection it may also be pointed out that the respondent No. 2 is expected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of t......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

.... the tender document shall contact the Procuring Entity in writing at the Procuring Entity’s address ......” In addition, clause No.8.3 of the ITT further states, inter-alia, “the Tenderer is expected to examine all instructions, forms, terms, and specifications in the Tender Document as we......and has to maintain documentation. 25. The Authority, however, realizes crane/derrick charges, landing charges, removal charges, equipment charges, hosting charges, weighbridge charges, wharf rent, space rent, stacking/restacking charges, terminal charges, hire of mechanical equipment char..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....ent has, therefore, of necessity, to be made of the materials so produced. This assessment is not an assessment of the offence as in trial, but as has been repeatedly pointed out the Court concern is expected even at this stage to look at the materials placed before it by the investi­gating agen...... (2) All documents produce for the inspection of the court". Hence, this confessional statement is a documentary evidence lying before the court, although its evidentiary value is yet a different question to be looked into at the time of trial.        ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....00 to 600 vot­ers from the voter list before the polling. In addition, the candidates must know before participation in the election about the exact number of voters in the roll. Though it is not expected that, a learned Advocate whose name is recorded as voter in more than one Bar Association w......ciations recognized by the Bar Council. Consequently, many Advocates have been shown as voters twice or thrice. The voter list prepared by the Bar Council on the basis of the lists of members of different Bar Associations is illegal. It has further been stated that election is a formal decision maki..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......ease deed there was an option of renewal of lease for a further period of 25 years. The lessees were deliv­ered possession of that land and since then they had been possessing the same by pay­ing rents to the Government. Md. Sirajul Islam Chowdhury subsequently died leav­ing the writ petition..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......rrears of cess and one Baksha Ali Mia @ Baksha Ali Patwary purchased the same in auction and got delivery of possession and sale certificate. The total area of this Niskor was 15 drones covering different mauzas. During the CS operation of 1915-1918 only 100.42 acres of land were recorded in CS Khat..

Category: Property Law | Date: 30 May, 2012 | Hits: 33