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Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....this Court may seem fit and proper. 2. The short facts for disposal of the rule is that Maulvi Basiruddin, husband of plaintiff No.1 and father of plaintiffs Nos. 2-5 were the owners of the suit land and other properties. Moulvi Basiruddin was killed by the miscreants in the year 1967 when plai......p;....Opposite Parties Judgment July 25, 2013 Result: The rule is made absolute. No Scope to avoid Responsibility by the Appellate Court— Appellate Court has purposely and intentionally avoided and shifted his responsibility upo...... Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Shahidul Huq J Zahir Fakir (Md.) and others..............Petitioners Vs. Hahma Khatun and others……………....Opposite Parties Judgment July......e Appellate Court— Appellate Court has purposely and intentionally avoided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the mate..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......mad Ullah J Md. Lokman Hakim, Proprietor of Fardous Steel Corporation, 9 Bhatiary U/P, Sitakunda, District: Chittagong………….............Petitioner Vs. 1. National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. ......ed in: ......I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
.....Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed property was fraudulent and the illegal and was done to secure unlawful gain to petition......30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......tion 43 of the Companies Act, 1994 (the Act). 2. Let the supplementary affidavit do from part of the substantive application. 3. It has been stated in the application, amongst others that the petitioner No.1 is a shareholder-Director of the respondent No.1 company holding 10,000......,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....acy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka entered into an agreement on 02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2, 34, 00,000/-out of which Tk.78, 00,000/......is Case is also Reported in: 21 BLT (AD) (2013) 229. ...... of the High Court Division in Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the rule is found to have been discharged with a positive observation that plaintiff of Title Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dha......…Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-reco..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ...... This Case is also Reported in: 20 BLC (AD) (2015)129. ......perly draw an inference adverse, to the prosecution. If a material witness has been deliberately kept back, then a serious reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the appellants and the deceased were ......p;……..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
.... 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police......)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Moha......r rejection of the Miscellaneous Case, should not be set-aside. 2. The material facts relevant for disposal of the Rule, as have been stated in the instant revisional application, in short, are that the present petitioner as pre-emptor filed Miscellaneous Case No. 129 of 2008 (Pre-emption) unde......ses Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, 47 DLR 143. Lawyers Involved: Md. Abdul Jabbar, Advocate—For the Petitioner. No one—For the Opposite Party Nos.1 & 2. Civil Revision No.1..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
...., Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the re......overnment of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Advocate— For the Opposite-Parties Ci......ted 29-4-1995 passed by the learned Senior Assistant Judge, Nalchity, in Title Suit No. 105 of 1993 dismissing the suit should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the opposite party Nos. 1 and 2 as plaintiffs instituted Title Suit No.105 of 1993 in the C......ment of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Advocate— For the Opposite-Parties Civil R..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....etition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an inc...... Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat......al without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper”. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act ......vision (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Buildin..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... ......lip;……… (15) Service of a document by post shall be deemed to be effected at the time at which the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind t...... Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himse..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......dents Judgment June 11, 2013. Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is cro......smissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot ......e mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot be negotiated or encashed with any other person except the person in whose favour the same was issued. To make it ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....sidered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………(21 & 22) ......not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire evidence on record an......ce Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-oppo......y 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to come to a satisfactory conclusion which Expert’s Opinion does not. Thus Expert’s Opinion is not binding upo..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
......Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were induc......ary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......l controversy between parties appears to be as to from when the defendants were inducted into possession of the suit land is the subject matter of the amendment, so if the suit is remanded back that will serve the purpose of the ends of justice. Since I have taken the decision to sent the ....... Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to di..Category: Property Law | Date: 21 May, 2013 | Hits: 6
....y was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and......
......vil Revision No. 1756 of 2012.
Judgment
Nozrul Islam Chowdhury J. - This rule was heard and it was discharged on 26-2-2013, after going through the typed copy of the judgment it transpires that a re-hearing is necessary. Therefore, on our direction it has been placed in the list on 18-4-20......tai Prova Jagabondhu Sundr Bigraha.........Opposite Party
Judgment
April 18, 2013.
Result:
This rule is disposed of.
Lawyers Involved:
Md. Zakir Hossain, Advocate—For the Petitioner.
Md. Tobarrak Hossain with Md. Ali Azam, Advocate—For the Opposite-Part..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....5 DLR (HCD) (2013) 535 ...... Result: The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assis......his Rule Nisi is directed against a tender notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the......) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......he High Court Division Judgement here . Supreme Court Appellate Division (Criminal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Maku Rabi Das.......................Accused-Petitioner Vs. Stat......eal No.1 of 2006 confirming the capital sentence awarded by the learned Additional Sessions Judge, Hobiganj under section 302 of the Penal Code in Session Case No. 57 of 2002 arising out of Chunarughat PS Case No.30 dated 31-10-2001. 2. The prosecution case, in brief, is that on 30-10-2001 ......e...............................................Respondent Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Ja..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....tuted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as shown in the ‘Ka’ schedule land to the plaint and also ......ecord-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 passed by the High Court Division in Civil Revision No.2987 of 2004) Judgment Muhammad Imman Al......j and others………….Respondents Judgment March 1, 2013. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009......ict Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition fo..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....onsideration should be paid on the signing of the deed and, in default of payment within the stipulated time, the earnest money would be forfeited and the vendor would have the right to sell the land. In the facts of the given case, their Lordship were of the opinion that section 55 of the Cont......nha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result:......, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Mahmudul Islam, Senior Advocate (with Lutfur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From th......hid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjori..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-Shaheber Char, und......dant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert the positive assertion of the witness in his examination-in-chie......her order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-Shaheber Char, under police station Gournadi at present Muladi, ......e party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert the positive assertion of the witness in his examination-in-chief tantamounts to admis..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......htabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Za......eceipt of this order. 3. We have heard Mr. Zahangir Kabir, the learned Advocate appearing for the petitioner in support of the rule, who having placed the materials before us submits that the nomination paper of the respondent No.3 Sarwar Kamal was accepted by the Returning Officer i...... January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, Advocate—For the Petitioner Fida MKamal with Mdldrisur Rahman, Advocates— For the Respondent No. 3...Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... letter dated 25-4-2000 issued by the Government for the purpose of prosecution against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957 is mechanical one and this being the landscape, the impugned proceedings being abuse of the process of the Court should be quashed. ......hellip;…...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mu......n Senior Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule all further proceedings of the impugned proceedings were sta...... January 24, 2013. Result: The Rule is discharged. Cases Referred to- People's Republic of Bangladesh Vs. Shahadat Hossain, 16 BLT (AD) 183, Mustafizur Rahman Vs. DG Anti-Corruption, 49 DLR 599, Saidur Rahman Vs. State, 54 DLR 489; Ali Akkas Vs. Enayet Hossain 17 BLD (AD)..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
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