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Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......an Bibi and Toyab Mia from whom Julfikar Ali and Majar Ali took jote settlement by executing a registered Kabuliyat dated 15 Sravan, 1283 B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......t they are the owner and possessor of the suit land and the plaintiffs names were not exclusively recorded in the khatians. 3. On 11.05.2004 the plaintiff No.2 went to the Tahsil Office for paying rent but the tahsilder refused to take rent from the plaintiff No.2 in respect of land not recorded ..Category: Property Law | Date: | Hits: 65
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......mad Abu Obaidah, the applicant in the reference, being director of 2 companies, submitted a return for the assessment year 1994-1995. The assessee claimed exemption of Taka 72,000 on account of house rent allowances drawn from Sonear Laboratories Limited according to the provision of Rule 33(1) of t..Category: Fiscal/Taxation Law | Date: | Hits: 91
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364....... grocery business in the name and style as "Ekata Trading". The opposite-parties have no right, title, interest and possession over the land and structure therein. The opposite-party intended to take rent of the said shop but having failed; he is trying to dispossess the petitioner from the rightful..Category: Criminal Law | Date: | Hits: 55
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......to the victim, and also over a boat along with fishing net which was given to Nasir by the appellants about 10 days before the occurrence for the purpose of repayment of that money by way of fixing a rent of Taka 100 per month for the boat and the net. On 12-5-1993, at around 12-00 AM Nasir told the..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......ses, while the defendant examined 5 witnesses in support of their respective contention. 11. The plaintiff filed the certified copies of khatian No. 292 whereas the contesting defendant filed different power of attorney, registered deeds and the certified copy of the judgment and plaint of preemp..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....representation of facts. The plaintiffs in this suit have proved that they were not residing at Lalkuti Mohammadpur since December, 1984 and Since the plaintiffs and the defendant are relations it is expected that the plaintiffs had knowledge about the address of the defendants of Title Suit No. 105......nces, not useful purpose will be served by sending the case back on remand to the trial Court in absence of the records. Moreover, we are satisfied that the plaintiffs proved their address to be different from what was shown in the plaint of other suit No. 105 of 1983 at the relevant time. 8. In ..Category: Property Law | Date: | Hits: 83
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....t offences being committed by the offender. Punishment must make the evildoer feel that his act was an "ill bargain" for him. So, though awarding a sentence is discretion of the trial Court yet it is expected to award punishment in a desirable proportion between the gravity of the offence and punish......pon to interpret. The process of interpretation involves making the law a workable one or an instrument by treating it as a dynamic living document which needs to be suitably interpreted to meet different types of exigencies, like the present one. 16. Keeping the above view in mind we are to say ..Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53....... one Omesh Chandra Hajra, the predecessor of defendant-opposite party Nos. 17-21 being the owner of the suit land settled the same to the plaintiff in Kolekarsha on 13th Choitra, 1350 BS at an annual rental of Taka 18 and on receipt of selami granted rent receipts to the plaintiff as recognition of ..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......ises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 since the defendant-opposi..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
.....54 of the book on Law of Trade Marks (Trade Marks Act, 1999) and Passing Off by P. Narayanan, Fifth Edition 258. Wherein it has been stated as follows: "In general trades and customers cannot be expected to carry in their heads the details of any particular mark. A mark containing various featu......shmat Ullah Sheikh, learned Advocate appearing on behalf of the petitioner, submitted that the similarity between the petitioner's trade mark "NABISCO" and opposite party's trade mark "NABICO" is apparent on the face of it. He also referred to the similarity between the petitioner's trade mark" NABI..Category: Intellectual Property Law | Date: | Hits: 386
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....ry serious in nature and they are responsible officers of the government one being head of the Magistracy of a District and the other person being head of the Police Force in a District and it is not expected that they should violate or disobey the orders passed by this Hon'ble Court. From the mater......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....Vs. District Judge and Appellate Election Tribunal, Bhola and others reported in 38 DLR (AD) 172 at page 178, para 9; "It should well be remembered that while interpreting statutes Judges are not expected to apply pre-conceived notions nor can they be expected to arrive at the conclusion by cons......y and to be of no legal effect. The learned Advocate submits that having regard to the statement of respondent No. 2 in paragraph 11 of his plaint to the effect that the cause of action arose on different dates and lastly, on 28-2-1999 and in view of the fact that the suit was instituted on 14-3-200..Category: Civil Law | Date: | Hits: 131
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respondents to accept rents in respect of the lands of petitioners. 2. Pending hearing of the Rule, the operation of th..Category: Property Law | Date: | Hits: 99
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....can show that it is due to natural causes directly and excessively, without human intervention, and that it could not have been prevented by an amount of foresight and pains and care reasonably to be expected from him. The decision in Nugent Vs. Smith has been relied on in many cases over the years ......ed marine note of protest on 26-12-2004 at Colombo. The plaintiff has held the defendant No. 5 responsible for all the consequences including compensation for the cargo and the containers of the different main line operators. Upon a subsequent application of the plaintiff, the vessels MV X-Press Man..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ubject, take on themselves to assume authority in a matter with which the subject is concerned, he is entitled to rely on their having the authority which they assume. He does not know, and cannot be expected to know, the limits of their authority and he ought not to suffer if they exceed it. That w......riginal owners left the country, schedule-1(Kha) vested in the Government as non-resident property and the Deputy Commissioner on behalf of the Ministry of Land granted lease of said property to different shopkeepers who were in possession as lessees on payment of lease money and usual rents and the..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... high standard of behaviour from Ministers, as they have profound influence over the daily lives of all of us. 218. Amongst others, the committee recommended that the Ministers of the Crown are expected to behave according to the best standard of constitutional and personal conduct. In particu......eted than the policy of a Constitution, which is a charter for government and administration of a whole nation and a country. It is that policy consideration which makes statutory interpretation different from interpretation of the Constitution. More foresight in the nature of judicial statesmanship..Category: Information Technology Law | Date: | Hits: 324
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... case of State Vs. Eunnus Kha reported in 5 BLC 253. 33. We have already found that in this case there is no eve-witness of the occurrence of wife killing in the house of the husband and it is not expected that the members of the husband's family will support the prosecution case. In this case, a......hanging herself. Then he went to the house of accused persons and found Aysha dead with injuries on her neck and leg. Some persons were telling that it was a case of hanging, others were telling differently. Then Chowkider and police came and took away the dead body. He further stated that he heard ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......erties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from d..Category: Property Law | Date: | Hits: 128
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......uiyan wrongly the names of aforesaid Salim, Alep and Fazil Khan appeared, and that said Salim, Alep and Fazil Khan did never claimed ownership or possession on the suit plots and they did not pay any rents ever to the government in respect of the suit land. After the death of Shamsuddin Bhuiyan and ..
Category: Property Law | Date: | Hits: 81
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