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Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....constitutional dispensation safeguard against abuse of power is more comprehensive and even wider than the due process clause of American constitution inasmuch it is not confined to life, liberty and property only and encompasses the ‘whole range of human activity and attracted when a person i......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....hala. 6. The Writ Petition No.4608 of 2009 was structured on the following assertions; By an order dated 23rd March 1987, the Additional Deputy Commissioner (Revenue), Pabna, demised the subject property in favour of the peti­tioner on an year to year lease, the commencing date being the 1s......bsp;              Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011)     Human Rights and peace for Bangl..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....ticu­larly described in the schedule to the plaint. 3. The case of the plaintiff, in short, is that: The suit land originally belonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease...... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

.... the other claimants who deposited those with him as per the seized Registers and report compliance thereof to it within 1(one) month. Section 517 of the Code deals with the dis­posal of the property seized during investiga­tion. In the Act, 1974, there is no provision as to how the pro...... (Criminal) Present: Md.Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J      Parul Nath and others...............................Petitioners Vs. State ….....................

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....4) Where- a) no method of accounting has been regularly employed, or if the method employed is such that, in the opinion of the Deputy Commissioner of Taxes, the income of the assessee cannot be property deduced therefrom, or b) in any case to which sub-section (2) applies, the assessee fa......ছেন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to r..

Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4

Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....not at all been resolved by the High Court Division as well as by the appellate Court. For mere mistake in the schedule to the plaint, a party should not suffer and should not be deprived of valuable property. 17. Such being the case, we find that the plaintiffs should be given a chance for mak......eme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J            Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Resp..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2

Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....ve pattan of the suit land to Gahar Ali Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, Hebaj Uddin and Afaj Uddin who inherited his property and is possessing the same. RS record primarily recorded the name of plaintiffs but while R......58. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....9-5-1976 and, as such, the mistake was corrected by executing a deed of correction by defendant No.2 in favour of defendant No.1. After that, Municipal holding and BS khatians regard­ing the suit property were correctly prepared in the name of defendant No.1, who has been run­ning his busine...... Supreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia ..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....মসাতের বা অপপ্রয়োগের জন্য দায়ী হন;” 21. In other words, if he is found guilty of misconduct or causes abuse of power or loss to any property of the union parishad or is found to have misappropriated fund or property of the respectiv......;                             Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

.... Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ peti­tion, it was stated......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers.....

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....e judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings publishe...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... Suit No.70 of 2008 filed by respondent No.3, herein, Social Investment Bank Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the out­standing loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, t......Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....e of benami transactions, multifari­ous litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami trans­actions by purchasing property in the names of their nearest relatives and such transactions increase corruption in the so......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....ct, 2003. What we find from a plain reading of this section is that it is a summary remedy for getting compensation where a temporary injunction or an order of arrest or an order of attachment of the property before judgment has been made under section 94 if such prayers were made on insufficient gr......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment       ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....n is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declar­ing the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purcha......e J    AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner   Vs. Shahabuddin Ahmed and others .............Respondents Judgment        &nb..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

.... no person or class of persons shall be denied the same pro­tection of laws which is enjoyed by other per­sons or other class of persons in like circum­stances in their lives, liberty and property and pursuit of happiness". 19. In Sheikh Abdus Sabur Vs. Returning Officer, 41 DL......ported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....s to be determined on seven tests -  (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mort­gage; (iv) existence or......66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....orous imprisonment for 7(seven) years with a fine of Taka 50 lakh in default to suffer rigorous impris­onment for 1(one) year more. The Special Judge also confiscated some moveable and immoveable property of the accused-respondent which were found disproportionate to his known source of income. ......ab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Anti-Corruption Commission........................Petitioner Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents Judgment January 27, 2014.    Result..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....uring his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto initi­ated income-tax proceeding on 12-2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in Title Su......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33