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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......nt No.14 in that partition suit contested the suit. But Nazimuddin by suppressing the fact of the decree, at the time of SA operation, in collusion with surveyors got 'Ka' scheduled land recorded along with other lands in his name though he had no right, title or possession over the sui......is Case is also Reported in: 65 DLR (AD) (2013) 176. ......e case of these defendants, in short, is that the suit is not maintainable without the prayer for recovery of khas possession. Their further case is that one Bendu Bepari was the owner of the land of khatian No.379 who died leaving behind four sons, namely, Kunduly, Barkat, Jaku and Asman and CS kha..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
.... for damages for wrongful attachment of property or injunction can fall under two heads- (1) trespass and (2) malicious legal process. Where property belonging to a person, not a party to the suit is wrongly attached, the action is really one grounded on trespass. But where the act of attachment com......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......y;out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......he mortgagees enjoyed the mortgaged properties for over 15 years for the principal amount and maximum interest available to the mortgagees thereon. Anukul Dutta and Natun Dutta were co-sharers in the khatian of the mortgaged land. Kuntala Dutta, daughter of Anukul Dutta, instituted Partition Suit No..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......he pre-emption application. Their case, in short, is that one Saleh Sheikh was the sole owner of the case land under CS Khatian No.207 and the pre-emptor failed to give details of the heirs of the CS recorded owner and failed to implead all the heirs of CS and RoR khatians. The pre-emptee-respondent...... is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......eh Sheikh was the sole owner of the case land under CS Khatian No.207 and the pre-emptor failed to give details of the heirs of the CS recorded owner and failed to implead all the heirs of CS and RoR khatians. The pre-emptee-respondents asked the pre-emptor to purchase the case land and the pre-empt..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......o the subject matter of the examination-in-chief of a witness. 41. Now the question is in view of sub-section (2) of section 19, the Tribunal can take judicial notice of any statements recorded by an investigation officer which are inconsistent with the statements made in examination-...... these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......income and he also owned a building. So, the income escaped assessment for the assessment years from 1996-97 to 2000-2001. Although statutory notices were sent through registered post which were also recorded in the order sheet and the margin of the order sheet of respective assessment years and the......rdinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized the relevant documents and also recorded 161 statements of the witnesses. On completion of the investigation, he submitted a ch...... copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ndirect tax to be realized from the receiver of the service and that there being nothing in the contract to the contrary, the High Court Division upon an erroneous interpretation of the contract wrongly held that the petitioner is liable to pay the value added tax from its own fund. That the ex......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......se. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....requisition of the birth place of Anukul Chandra measuring an area of 15 decimals of land of Hemayetpur Mouza appertaining to plot Nos. 1221 &. 1222 but the Ministry of Health and Family Planning wrongly recommended to handover the land in favour of Sree-Sree Thagore Anukul Chandra Satsang, Hema......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ed in: 67 DLR (HCD) (2015) 110 ......he temporary injunction application under Order XXXIX, rules 1 & 2 of the Code of Civil Procedure the land for which the temporary injunction is sought for is Unspecified having no plot No., khatian No. and boundaries and for such unspecified land the order of temporary injunction cannot be..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......with the help of local administration, Rajbari showing the date of occurrence from 1-6-1995 to 31-8-1995. 35. During the course of investigation victim was produced before learned Magistrate who recorded the statement of the victim under section 164 of the Code of Criminal procedure and she was...... Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... Station concerned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He found the statemen......records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....operty. Waqf property has been enlisted as E/C Nos.3675B, 3675A and 3675, these properties never acquired or inherited or personal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in the name of Syed Mahamud Ali and for correcting the record appointed defendant N......Waqf property has been enlisted as E/C Nos.3675B, 3675A and 3675, these properties never acquired or inherited or personal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in the name of Syed Mahamud Ali and for correcting the record appointed defendant No.2 by p......te this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ...... whose decree the appeal is preferred, with directions to re-admit the suit under its' original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during th......y action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......aw. 8. Learned advocate Mr. SM Atikur Rahman, appearing for the respondent No. 7, makes submission supporting the contention made in the affidavit-in-opposition, substance of which has been recorded herein above. His main contention is that the respondent No. 7 company has purchased t......petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......4-7-201 1 of the office of the said sub-Registrar, Mawna, is void ab-initio, illegal and are of no legal effect. The concerned office should cancel the aforesaid two deeds and should correct the khatian in the name of respondent No.1 company and the officers of the concerned AC (land) shall rec..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....ays and then after expiry of 15 days from the date of receipt of the said notice (the period fifteen days was substituted by thirty days on 9th February, 2006 but in the petition of complaint, it was wrongly written as fifteen days), the complainant filed the petition of complaint. 4. In CR Cas......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......pite of that the High Court Division erroneously made the Rule absolute." 7. Mr. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the appellant has reiterated the submission recorded in the leave granting order. 8. Mr. Taufique Hossain, learned Advocate-on-Record, appe...... case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......cross examine him. P.Ws. 10 and 11, who made statement under section 164 of the Code of Criminal Procedure before the Magistrate, were declared hostile. For P.W.12 Kazi Meraz Hossain, Magistrate recorded the statements of the P. Ws. 10 and 11 under section 164 of the Code of Criminal Procedure.......et them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......tion of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police Station Paba, District Rajshahi belonged to one Soleman. Accordingly his name was recorded in the SA Khatian. Thereafter said Soleman transferred his land to Mofezuddin Fakir, p......Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4