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Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ccused and record his reasons for so doing." 8. The learned Assistant Session Judge deemed to be Additional Sessions Judge came to the finding that the learned Magistrate acted illegally in holding that the offence could not be proved without assigning any reason whatsoever. He also observ......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....blic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Moha......p; Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents ..Category: Constitutional Law | Date: | Hits: 3
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....e money was paid to the petitioners by the complainant as an advance for the purchase of cloths agreed between the parties and as such the money became the money of the, petitioners and they were not holding the same on trust for the complaint. The money, therefore, cannot be said to have been entru......e, or with both, Criminal breach of trust is defined in section 405 of the Penal Code as follows; “405. Whoever, being in any manner entrusted with property, or with any dominion over 1 property, dishonestly misappropriates or converts to his" own use that property or disho..Category: Criminal Law | Date: | Hits: 1
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....e Organizations, respondent No.2 not only issued show cause notice beyond his jurisdiction but also most illegally dissolved the previous Executive Committee of 2007-2009 appointing administrator for holding Executive Committee election for the year 2009-2011 of BMSS at the instance of a 3rd party, ...... S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-President, Bangladesh Mudran Shilpa Samity, 37/38/1, Nabodip Bosaklane, Lakshmibazar, Dhaka-1100………………Petitioner Vs. The Government of the People's Republic of Bangladesh, Represented by The Secretary, Ministry of Commerce..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 5.754 metric tons out of the said consignment of 1929.211 metric tons, as alleged, such shortage was well within the 1% ocean Allowance. He further submitted that the court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of good......sustained by the plaintiff was due to negligence, carelessness, misconduct of the defendants, the defendants are liable to make good the loss sustained by the plaintiff. Hence the present suit for recovery of the bills. 3. The defendant Nos. 1 and 2 contested the suit by filing written statement...Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....r company Zastat after taking through the relevant SRO's mainly submits that the Respondent No.1 Customs Excise and VAT Appellate Tribunal in total misconception of law and fact misdirected itself in holding that the decision given by the Respondent No.2, Commissioner, Customs Excise and VAT, Sylh......o the temporary Hotel and Restaurant without fencing and fan and with two valves under SRO-131-Ain/2006/459-Mushak, dated 8-6-2006 (Annexure-D). But the services rendered by the petitioner are not covered under the said SRO and, as such, the claim of the petitioner to avail the exemption under the..Category: Fiscal/Taxation Law | Date: | Hits: 40
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....gistration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization, persons or group of persons registered as an indentor and holding sole agency, dealership or distribution right from a supplier abroad. The indentors render s......nt Stock Companies and Firms. It was incorporated on 30-4-198; under the Companies Act 1913 with the object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the sai..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
..... The scheme of Act, therefore, is that whatever is not retainable vests in the Government by operation of law and that too free from all encumbrances. The High Court has therefore no right in holding that the interest of tenants or raiyats in such hats and bazars had not vested in Government......orted in 25 DLR at pages 248 and 476 He has also referred to a decision reported in 16 DLR (SC) page 281. 5. It is the case of the plaintiffs that the suit land has been illegally acquired by the Government and as such that order should be set aside. According to the plaintiffs, the suit land is ..Category: Property Law | Date: | Hits: 19
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....erty along with the case property and the heirs of late Md. Faiz Hossain Mia named as Moazzem Hossain, Noor Hossain, Ahmed Hossain, Mosarraf Hossain, Mobarak Hossain and Mozammel Hossain got the case holding in their share and all the said heirs of late Md. Faiz Hossain died except Mobarak Hossain, ......in, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by the Secretary, Ministry of Works, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and 12 others……………………..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....o asserted by the defendant-opposite parties that the plaintiff is not in possession of the suit land. 4. The learned Trial Court by order No.19 dated 11.01.2004 rejected the prayer for injunction holding that the plaintiff-petitioner has failed to establish a prima facie case in support of her c......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....ccused solely on the basis of the unimpeachable an unshaken evidence of the officer or person who made the search and seizure disbelieving the evidence, if any, of any witnesses of search and seizure holding it to be unworthy of credit. But in the present case, the reasons stated above, it appears t...... behalf. 8. The defence case, as it transpires from the trend of cross examination of P.W.s and the suggestions put forward on their behalf, that the allegation of alleged forged notes were not recovered from their possession; that without proper investigation of the case, the investigating offic..Category: Criminal Law | Date: | Hits: 134
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....le in its present form, that the suit is not barred by limitation and that the property in suit was inherited by the plaintiffs and that even if it be found that some of the heirs of co-shares of the holdings are living in India the property being ejmali could not be leased out to others without any...... been in possession of the holding in their entirety. Dibhuti also executed a power of attorney in favour of the plaintiffs. The property could not be and did not vest as enemy property but the Government started enemy property proceedings mentioned in schedule 'Ka' to the plaint treating the..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....rty along with the case property and the heirs of late Md. Faiz Hossain Mia named as Moazzem Hossain, Noor Hossain, Ahmed Hossain, Mosharraf Hossain, Mobarak Hossain and Mozammel Hossain got the case holding in their share and all the said heirs of late Md. Faiz Hossain died except Mobarak Hossain, ......hers……………Respondents Judgment November 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215; Government of the People's Republic of Bangladesh Vs. Md. Shamsul Haque, 56 DLR (AD) 101; Sanatanness..Category: Property Law | Date: | Hits: 66
....the appellant challenging the interlocutory order of the Artha Rin Adalat is not maintainable.
15. Now, it remains for us to consider, as already noticed, whether the Artha Rin Adalat was right in holding that:
“নিলাম বহাল সম্পর্কিয় আদেশ ও দর......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
..
Category: Civil Law | Date: | Hits: 145
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....23. Besides the trial Court have also recorded that the Bank had filed Artha Rin Execution Case No.574 of 2004 for realization of the decreatal dues and failed twice to sell the mortgaged property by holding two auctions (in the execution case) and that the Bank has again filed the second Execution ......l of the decree holder Bank, as per the certificate issued under section 33(5) of the Ain, illegally claimed to have transferred its 100% shares of the debtor-company and also claimed to have taken over the possession of the mortgaged properties that was vested in favour of the Bank by the Artha..Category: Administrative Law | Date: | Hits: 212
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ate has drawn my attention to the affidavit duly sworn in by the pre‑emptor‑petitioner before this Court wherein it has been asserted that if the land under pre‑emption be added to his existing holding, it will not exceed the statutory limit of holding set by law and, as such, the petitioner i......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....than the kabala of the pre-emptor. The pre-emptor became a co-sharer to the case jama on 30.5.1979, pre-emptee No.2 became a co-sharer on 21.5.1979. The preemptor was not even a co-sharer in the case holding when the pre-emptee became a co-sharer on 21.5.1979. In order to exercise the right of pre-e...... present the deed for registration after its execution. 15. In order to ascertain which of two kabalas in the names of the pre-emptor and pre-emptor No.2 was of earlier date, let me have a glimpse over the table below giving full particulars of both the kabalas of the pre-emptor and pre-emptee No..Category: Property Law | Date: | Hits: 38
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....njur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, holding public office, asked the Chief Account Officer to realize 2% of the bill amount, submitted i......ishable under section 5(2) of Act II 1947. In support of his contention Mr. Ariff has also referred the decision of a case Ali Akkas Vs. Enayet Hossain, reported in 77 BLD (AD) 44 =2 BLC (AD) 16. Moreover, the very account book maintained by the office of the city corporation for the alleged purpose..Category: Procedural Law | Date: | Hits: 59
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....is an amalgamation of cases, disentitling the complainant to move the higher Court for redress of his/her grievance. Moreover, staying one case of two cases over the self-same occurrence, is only for holding trial for convenience, keeping the complainant's entity separately of the informant and th......plainant loses his individual and separate identity and lost his right to proceed with his complaint. From a plain reading of the section it appears that when there is a complaint case and FIR case over a self same occurrence giving same person as accused, the proceeding of the complaint case woul..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
..../২সি-০১/০৫/-৫১৭ মূdated 12-7-2005 issued under the signature of respondent No.2 (Annexure-G) directing the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful aut......spondent No.2 within 3(three) days. The petitioner replied to the said notice on 26-6-2005 stating, inter alia, that the petitioner purchased the said property with the semi-pucca structures standing over there and the petitioner had not made any construction after purchase. In the reply, request wa..Category: Property Law | Date: | Hits: 64
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