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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....the individual so acquiring property was a professed ascetic, may have importance. But it is out of question to suppose that a man's religious opinions or professions can make him incapable in law of holding property. He may fail to act up to them, or take heretical and inconsistent views without in......ieves in the law of Karma according to which the good or bad deeds of a man produce corresponding results in the life to come. The position therefore is that in the Hindu system, religion and charity overlap each other and do not admit any differentiation. They are both integral parts of "Dharma' or..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
.... respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent No.1 (Annexure-G) dismissing the appeal and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-A...... and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful aut..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises. It can setÂtle only the..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t any basis which is liable to be interfered with by this Court. 21. It appears that the learned Appellate Judge in order to set aside the trial Court Judgment heavily relied upon the S.A. record, holding that the S.A. record contained the name of the two brothers and as such the trial Court comm......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... amendment, Satinath Bandapaddhaya was added as Opposite Party Nos.3 in the said MisÂcellaneous Case No.355 of 1968 by order dated 16-8-1969. Meanwhile Circle Officer (Revenue), Tejgaon, Dhaka after holding local enquiry submitted a report on 7-7-1969. The MiscellaÂneous Case was taken up for ex-p......marcated. Since incorrect entries and non entry of the names of the plaintiffs in the said RS khatian and mala fide claim of interest in the suit land by the principle defendants, a cloud was created over the right, title and interest of the plaintiffs in the suit land. The Title Suit No.280 of 1970..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... letter of credit and pay. Therefore, the Court below by granting an order of status quo relating to payment under the letter of credit committed an error of law which cannot be sustained. 22. Moreover, the impugned order in its entirety is not well founded in the facts and circumstances of the c..Category: Business or Commercial Law | Date: | Hits: 365
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....t. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (SC) that when FIR disclose a strong prima facie case against the accused petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The c......€¦â€¦â€¦.(19) The High Court Division under section 561A should not usurp the jurisdiction of trial court and the continuation of the proceeding will not amount to abuse process of the court. Moreover there is no such glaring defect on the fact of this proceeding to make the proceeding untenable..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....the present suit was exactly the contention that has been raised by the present plaintiffs as defendants in Arthorin Adalat Case No.33 of 2002 and that contention was negetived by the Arthorin Adalat holding that Siemens is not a necessary party. The learned Advocate, further submits that the reliev......fact an order of injunction the appellant have been handicapped in proceeding with the execution case and this impugned order frustrated the decree of the Arthorin Adalat and these vital aspects were overlooked by the Trial Court in granting the order of status quo. The learned Advocate further subm..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
.... is no provision for counting the limitation from the alleged knowledge of the plaintiff about the disputed deed and, as such, the learned appellate Court committed gross error in allowing the appeal holding that from the date of knowledge of the plaintiff the suit has been filed within time. 7. ......een living jointly and that on 17-2-73 the plaintiff and defendant Nos. 5-7, transferred the 24 decimals of land of Plot No. 351 to the defendant Nos. 1-4 vide 4 deeds Nos. 391/392/393/394 and handed over possession of the suit land; the defendant Nos. 1-4 had been possessing the said 24 decimals of..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... for the ends of justice or to prevent abuse of the process of the Court." 11. In this respect, the Appellate Division and the High Court Division have given a very thoughtful and careful decision holding that only for the ends of justice the discretion under section 151 CPC cannot be exercised, ...... and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 BLD 232; Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (AD..Category: Procedural Law | Date: | Hits: 82
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....uld be waived or relinquished by a specific agreement was wrong on principle and authority. Mr. Pal argued that the right of pre-emption inheres in a co-sharer because of co-sharership in the land or holding and as such is amenable to be waived or relinquished by consent, conduct or acquiescence, ev......arty No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Opposite Party No.9, the seller in favour of pre-empte..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....payment of entire money, claimed in the Execution Case before publishing the auction notices in the newspaper. The learned District Judge did not commit any error of law in passing the impugned order holding that the judgment debtor cannot be liable to pay the costs as claimed by the petitioner. ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....ated in the sketch map attached and marked as Y of the plaint. 14. In collusion with defendant-2, said defenÂdant being an employee of Dhaka Municipal Corporation managed to mutate his name under holding No.5/6 Topkhana Road. Defendant No.12 also being an employee of said corporation managed to ...... High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of BanglaÂdesh & others……………………..Defendant Opposite-Parties Judgme..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
.... XXI Rule 58 of the Code of Civil Procedure arising out of the Execution Case No.2 of 2002, are hereby set aside. The Misc. Case No.404 of 2004 is send back on remand to the concerned Court below for holding further investigation providing opportunity to the parties to examine witness and adduce doc...... ownership and exclusive possession of the said 3rd party members. It requires to be seen whether inheritance by a son from father can be legally nullified by execution of Notarized 'Wasiatnama". Moreover, execution of such deed is also required to be proved. Neither deposition of any witness was re..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....is Rule. 4. Mr. M.A. Aziz the learned Advocate appealing on behalf of the petitioners has urged that the Rule should be made absolute on the ground the learned Sessions Judge committed an error in holding that there was no finding that it was a case of extreme emergency which only would confer ju......e said Judgment it appears to be the last Judgment in a proceeding under section 145 Cr.P.C. It appears that a number of proceedings under section 145 Cr.P.C. was drawn up by succesÂsive Magistrates over the same property, one after the other. It further appears that proceeÂding under section 145 ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....de and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate comÂmissioner for making any inventory of the goods in stock in trade on holding accounts of the firm By order dated 23.1.81, plaintiff's prayers were allowed. One Advocate ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....ed in 1968. It is also not known how many of the prosecution witnesses are alive or will be available when the trial, if at all, starts in the foreseeable future. We have, therefore, no hesitation in holding that further prolongation of the proceeding against the petitioner would be a sheer abuse of......atuakhali, between the period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents from the tenants and defalcated the same without depositing the amount in the Government Treasury and accordingly a First Information Report was lodged on 18.2.71 against the peti..Category: Criminal Law | Date: | Hits: 62
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... of its the then Secretary. It lays down the policy of the Government regarding the unutilised and the excess portion of acquired lands by different Ministries and authorities, discouraging them from holding on to such lands though the purpose for which they were acquired had ended. The memo urges t......sent: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Bangladesh and others…………………………………â€..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....of the appellant, submits that this is a case of no evidence, that the learned Sessions Judge committed error in convicting and sentencing the accused and that the learned Sessions Judge was wrong in holding the accused guilty finding him liable under section 106 of the Evidence Act. 8. On the ot......inst the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the Penal Code. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. To p..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
.... of the case, the pre-emptor filed this Miscellaneous case which is liable to be rejected. 5. After hearing the learned Assistant Judge, by the order dated 9-3-2003 rejected the Miscellaneous case holding that the pre-emptor could not prove regarding his ailment by adducing sufficient evidence. A......r Order IX, rule 9 of the Code Civil Procedure decided the merit of miscellaneous case for pre-emption which is not at all permissible under law and, as such, the same cannot be sustained. 10. Moreover, the impugned order in its entirety is not well founded in the facts and circumstances of the c..Category: Procedural Law | Date: | Hits: 133
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