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Badsha Alam Vs. State, 2006, 35 CLC (HCD)

....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......ion 5(2) of the Prevention of Corruption Act, 1947 and he was sentenced there under in different terms. 31. There are three ingredients of section 409: "i. public servant, ii. entrustment with the property, iii. committing a criminal breach of trust in respect of the property entrusted. No doubt ..

Category: Criminal Law | Date: | Hits: 76

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..

Category: Administrative Law | Date: | Hits: 261

Haji Azizur Rah­man and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....r the Rule is discharged. Let 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. ......uated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the same along with..

Category: Procedural Law | Date: | Hits: 78

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......that: "Even in the case of Order VI, rules 14 and 15, CPC there is ample authority for the view that signing and verification of plaints are mere matters of procedure, and even if a plaint is not property signed and verified, but it is admitted and entered in the register of suit, it does not ce..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)

....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......bly payable by the husband to the wife. In section 285 of the Mohammadan Law as authored by Md. Hidayatullah, dower has been defined which is worded as follows: "Mohr of dower is a sum of money or property which the wife is entitled to receive from husband in consideration of marriage (See Abdul ..

Category: Family Law | Date: | Hits: 122

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

..... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......title on imperfect docu­ment The plaintiff basic title deed is an unregis­tered deed of gift. But since the plaintiff's have been successful in proving that they exclusive­ly possessed the suit property for over 12 years on the basis of this imperfect document and kept the defendants out of po..

Category: Property Law | Date: | Hits: 76

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......sult: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment with property" or 'dominion over property' of other person. But such 'entrustment with property' or 'domi..

Category: Criminal Law | Date: | Hits: 116

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

....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......,05,888/- and the said suit was registered as Artha Rin Suit No.423 of 2004. 3. The suit was decreed ex-parte in the year 2004 followed by Artha Execution Case No.87 of 2005. In the Execution Case property was sold in auction on 7-3-2007. The Bank then filed second Execution Case No.195 of 2007 (..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in the petition so filed before the Minister there was also prayer for appointment of receiver in respect of the property of the Waqf Estate till finalisation of the proceeding as to the removal of the petitioner ..

Category: Trust/Waqf Law | Date: | Hits: 85

Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)

.... pos­sible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......t No.309 of 2004 wherein the ground pressed by the petition­er is the ground of adverse possession. Raising the question of adverse possession the petitioner in that suit challenged the legality and property of the orig­inal decree and the Trial Court rejected the plaint. 10. The petitioner the..

Category: Procedural Law | Date: | Hits: 94

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....f business loss from other source of income is permissible only within the income of the same year. 26. Therefore, on combined reading of sections 37, 38, 42(2) read with paragraph 9(2) of the 3rd scheduled of the Ordinance, we are of the view that set off of absorbed depreciation is permissible ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......absolute. The Acqui­sition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if the property ..

Category: Property Law | Date: | Hits: 62

Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)

....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......e submits that if the opposite party is to get any amount from the petitioner, the former can file a civil suit for recovery of the dues. He further submits that since there was no entrustment of any property with the accused petitioner it will be harassment of the petitioner and an abuse of the pro..

Category: Civil Law | Date: | Hits: 144

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..

Category: Property Law | Date: | Hits: 104

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ears that the suit was for realisation of Taka 16,60,230.53 standing as on 30-9-1998 with interest 20% till realisation. It was also for realisation of that amount by selling pledged and hypothecated property. The preliminary decree and final decree (Annexures-E and F to the writ petition) also show..

Category: Civil Law | Date: | Hits: 136

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ...... provision of section 9 of the Specific Relief Act which reads as follows:- "9. Suit by Person Dispossessed of Immoveable Property.- If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit rec..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ......ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ..

Category: Civil Law | Date: | Hits: 103

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......Artha Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-coming of any bidder th..

Category: Civil Law | Date: | Hits: 69

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......fendant-petitioner Abdur Razzak as plaintiff laid a suit being Title Suit No.136 of 1959 in the First Court of Munsif at Comilla seek­ing following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ..

Category: Property Law | Date: | Hits: 69

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March ..

Category: Civil Law | Date: | Hits: 104