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Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......spondents Judgment May 28, 2014. Result: The appeal is allowed. Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" mean..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......ala, 1961 (the Bidhimala, 1961) which is applicable, but the Appellate Tribunal did not at all consider the provision of the said Bidhimala and thus fell into an error in giving the impugned decision holding that as the petitioner filed the departmental appeal long after 3 (three) months, so the app..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....013 with Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No....... by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the proceeding claiming himself to be a co-sharer and a continuous owner of the disputed holding. The appellant claimed that he having purchased the disputed land on 23-8-2011 from Jamila K..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......Haque, his heirs filed Civil Petition for Leave to Appeal. 4. Mr. MI Farooquie, learned Senior Counsel, appearing for the petitioners, submits that the Administrative Tribunal dismissed the case holding that since the decision of compulsory retirement had been approved by the Full Court of..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....f parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the biological father of the disputed child Md. Biman, He cannot be excluded as being the biological father of the child Md. Bima....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......hem would co-operate in the matter and Lawrance would execute the task. He further stated that on 15th October, 2001, in the evening, he came to know that Minister Mizanur Rahman Sinha would come for holding a public meeting in front of accused Abdul Quader's house and on hearing the news, he we..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......The appeal is allowed. Non Agricultural Tenancy Act (XXIII of 1949); Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" mean..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ......ns for answer by the Court:- Income Tax Reference No. 255 of 2004 (Assessment year 2001-2002) “(i) Whether, in the facts and circumstances of the case, the Tribunal was justified in upholding the action of the IACT in holding the income of the applicant arising from interest on FDRs ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......r answer by the Court:- Income Tax Reference No. 255 of 2004 (Assessment year 2001-2002) “(i) Whether, in the facts and circumstances of the case, the Tribunal was justified in upholding the action of the IACT in holding the income of the applicant arising from interest on FDRs ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....e to a finding that it is well-settled that the assessment of valuation of asset by PWD officers has no evidentiary value and the trial Court acted wrongly in considering the valuation report of disputed house and therefore the declaration of the value of the said house given by the respon...... judgment and order dated 20-8-2008 convicted and sentenced the respondent as stated before. The trial Court in the impugned judgment excluded the property of accused No.2, the wife of the respondent holding that in view of the judgment dated 9-7-2008 pronounced by the High Court Division in Wr..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......ually stood bail for members of the sect of Jehovah’s Witnesses, who were a nuisance to the police. The Supreme Court awarded damages against the Prime Minister and stigmatized the cancellation holding: In public regulation of this sort there is no such thing as absolute and untrammeled d..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....up possession on the extinction of the lease period without further ado. It is, hence, a thoroughly fallacious and spurious exercise to claim audi alteram partem in this case. 53. When it is not disputed, and unbroken chain of authorities proclaim that a year to year lessee acquires no vested r...... own jurisdiction had displayed no outwardly approach either. On the constraining application of the doctrine, the Appellate Division in Chairman BTMC Vs. Nasiruddin Chowdhury, supra, while holding that the given facts are incapable of igniting such an expectation, nevertheless, expre..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......or rejection of the said application. 8. After hearing the aforesaid application, the learned Joint District Judge, Dhaka on 4-7-2013 allowed the application and consequently rejected the plaint holding that the suit is barred by section 54A of the Transfer of Property Act and the Article 113 o..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....he direction, this Court did not consider the following material facts: The serial numbers against all the mortgagors' application should be properly verified by auditors before deciding the disputed claims, because most of the serial numbers are fictitibus; the disputed claims of the mortg......ief Metropolitan Magistrate, the petitioners herein filed Criminal Revision No.246 of 2012 before the Metropolitan Sessions Judge, Chittagong. The revision application was rejected on 1-8-2012 upholding the order of the Chief Metropolitan Magistrate, Chittagong. Challenging the said order of th..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......It was further revealed that P.W.3 conspired to hurl acid upon victim but out of enmity accused appellant was implicated. 8. After trial the learned Judge convicted the appellant as aforesaid as holding: (a) The prosecution successfully proved the charge beyond all reasonable doubt; (..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....hat, Municipal holding and BS khatians regarding the suit property were correctly prepared in the name of defendant No.1, who has been running his business in the shop house situated in the disputed land for more than statutory period of limitation and, as such, the suit is liable to be di......land described in schedule-1 to the plaint originally belonged to two brothers, namely, Aparna Charan Chakraborty and Shyama Charan Chakrabory. While they were in possession of the land of schedule-1 holding in equal share, Shyama Charan Chakrborty died leaving behind two sons, namely, Kalipada Chak..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
.... we have gone through the affidavit-in-opposition submitted on behalf of respondent No.4, where it has been asserted, inter alia, that the writ petition is not maintainable as the allegations involve disputed question of fact regarding the genuineness of the academic certificate of the petition...... instant Rule.
4. Mr. Zahirul Alam Babar, learned Advocate appearing on behalf of the petitioner submits that the impugned orders are ex-fade mala fide, illegal and arbitrary inasmuch as without holding any inquiry regarding the testimonial of the petitioner and without giving any notice of bei..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......its that the opinion was duly and properly formed by the respondent government, for it has been clearly spelt out in the temporary suspension orders that because of the allegation of corruption, holding the office of Chairman of the concerned union parishad by the petitioners should not continu..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ...... a venue within the prescribed time frame provided by the High Court Division the Respondent No. 1 was constrained to file an application to the Hon'ble High Court Division to extend the time for holding the AGM and on the application of the Respondent No. 1 Bank, the High Court Division, by its..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... the High Court Division and obtained rule. A Single Bench of the High Court Division ultimately, after hearing both the parties and considering the facts and circumstances, discharged that rule holding that the Court below committed no illegality in rejecting the petitioners application for wi..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
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