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Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ient did not acquire any title and possession of the said plot No. 679. Emdadullah did not transfer any land of plot No. 679 by way of kabala deed dated 27-3-1985 in favor of plaintiffs and did never hand over any possession in favor of plaintiffs. Mofizullah on 6-12-1949 did not transfer any land b......schedule of plaint is illegal, collusive and without jurisdiction. 3. The plaintiffs case, put in a nutshell, is that one Misrijan Banu was the original owner to the extent of 1/3rd share of land covering 6.28 acres recorded in District Settlement Khatian No. 157 and Misrijan in amicable partitio......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....emptor being a subsequent purchaser cannot pre-empt the kabala of pre-emptee No.2. 11. Mr. Md. Mojibur Rahman, learned Advocate appearing on behalf of the pre-emptor-opposite parties, on the other hand, submits that the kabala of opposite party Nos.1 and 2 was not executed on 21.5.1979, but it wa...... 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......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....ence. On this point Mr. Faiz relied upon the decision reported in Siraj Vs. Crown - 9 DLR (FC) 177. 8. Mr. Nikhilesh Dutta, the learned Deputy Attorney General appearing for the State on the other hand vehemently opposes the contention of the learned Advocate for the appellant and submits that th......the accused-appellant and others under sections 364/302/34 of the Penal Code. 4. On trial charge was framed under sections 364/302/34 of the Penal Code against the accused-appellant which was read over to him and to which he pleaded not guilty and claimed to be tried. 5. The prosecution examin...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....sal of the Rule is as follows:- One Monjur, 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 r......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......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....The breach of trust resulting in the acts of misappropriation etc. as stated in section 405 takes place at a later stage which attracts action under section 406 of the Penal Code. 15. On the other hand the offence of "cheating" is committed at the initial stage, because of operation of the decept......nizance of the alleged offences under both the said sections. But we do not find any allegations in the petition of complaint that can be considered as "entrustment with property or with any dominion over property". According to section 405 of the Penal Code defining "criminal breach of trust", the ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....f the Arms Act. 39. Section 35A of the Code as inserted by the Code of Criminal Procedure (Amendment) Act, 1991 became effective from 12.02.1991. Judgment of conviction and sentence in the case in hand had been pronounced on 24.08.2002. On the day of pronouncement of judgment, section 35A was in ......e he along with his force were on special duty, he found 3 youths were running and being suspicious, he arrested the accused Appellant Md. Nur Hossen amongst others and after conducting search, he recovered a country made Pipe Gun loaded with a cartridge from his wrist. He prepared a seizure list an......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....Code of Criminal Procedure this appeal is incompetent and should be outright dismissed. 5. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned......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...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....ne by the taxes department, the instant questions as have been formulated by the Assessee-applicant is required to be answered in negative and in favour of the Assessee-applicant. 7. On the other hand the learned Assistant Attorney General Ms. Mahfuza Begum relied upon the statement made in para......d in the application which have been made not pressed by the learned Advocate Mr. A.J. Mohammed Ali, appearing on behalf of the Assessee-applicant, as the answer to the aforementioned questions will cover the other questions. 3.Facts of the case: It has been asserted in the application that th......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... হইবে”does not in any way require permission where the development is inconsistent with the Savar Master Plan.
40. I find inconsistency in the submission of learned Counsel. On the one hand, it is contended on behalf of MMDL by enclosing annexures-X-1 and X-2, that as per MMDL’s pra......ve impact on environment and DMDP recommends that all such development permits issued by RAJUK for the development of housing within this area should be withdrawn and that no new ones be allowed. Moreover, conditions and restrictions have been imposed in DMDP and also by section 5 of Ain of 2000 pro......aph 1.2.2 contains “The Urban Area Plan (UAP)”. The DMDP Urban Area Plan (UAP) provides an interim mid-term strategyforthe10 years and covers for the development of urban areas within Metro Dhaka management area. The geographic boundaries comprising the UAP are the areas within the proposed Floo..
Category: Environmental Law | Date: | Hits: 434
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....ttled the suit land by 2 registered Pattas dated 22.8.47 and 17.11,51 on a salami of Tk. 1000/= and Tk. 980/= respectively with the defendant No.10, Dhjrendra Nath Saha (opposite party No.4) and also handed over the possession of the suit land to him, Thereafter, the defendant No.10, Dhirendra Nath ......he suit land by 2 registered Pattas dated 22.8.47 and 17.11,51 on a salami of Tk. 1000/= and Tk. 980/= respectively with the defendant No.10, Dhjrendra Nath Saha (opposite party No.4) and also handed over the possession of the suit land to him, Thereafter, the defendant No.10, Dhirendra Nath Saha so......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....cussed the oral evidence of the respective parties and decided that the suit land was acquired by the Government and possession was delivered to DIT now RAJUK. 5. The appellate court, on the other hand, decided that the document filed by the defendant (RAJUK) proved that out of 35 decimals of lan...... suit land for the purpose of getting a decree for permanent injunction. The trial court also discussed the oral evidence of the respective parties and decided that the suit land was acquired by the Government and possession was delivered to DIT now RAJUK. 5. The appellate court, on the other han......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....ners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kum......osed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; Government of Bangladesh Vs. Ramananda Sarker,54 DLR (AD) 35; Azizur Rahman Vs. Mariamunriessa, 54 DL......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....a Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ladesh is a Constitutional one. The remuneration and other privileges of the Hon’ble Judges of the Supreme Court of Bangladesh are not fixed and has never been treated in comparison with any other government functionary. Remuneration and other privileges of the Hon’ble Judges of the Supreme Cour......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... 48 DLR (HCD) (1996) 330. ......erein as under: "Jurisdiction of a Court goes to the very root of a matter brought before it and if the Court got no jurisdiction everything shall fall through. The Court which got no jurisdiction over a matter shall not go into the merit of the matter." In view of All the above principles of ......r. But the classification of officers and other employees as given in schedule I of the Sonali Bank Employees Service Regulations, 1981 is nothing but an internal agreement made by the Bank for staff management for the purpose of their internal administration only. This classification made in the sc..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....No.3 after hearing the case, by its Judgment and order dated 30.04.2008, acquitted all the accuseds including the present accused petitioner from the charges brought against them and also directed to hand over the seized fertilizer to the accused loanee. The aforesaid F.I.R. dated 02.02.2000 was fil......after hearing the case, by its Judgment and order dated 30.04.2008, acquitted all the accuseds including the present accused petitioner from the charges brought against them and also directed to hand over the seized fertilizer to the accused loanee. The aforesaid F.I.R. dated 02.02.2000 was filed an......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....ly in the present case the S.A. and R.S. record was prepared in the name of the defendants along with the name of the plaintiffs but the defendants never paid any rent to the Government, on the other hand the P.W.1, Haniff Miah used to pay rent to the Government regularly vide exhibit 2A-2F starting......f right by itself does not constitute a ground of limitation, when the title is threatened or evasion only then the cause of action would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and no......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....on of the suit property. It is the established principles of law that the court is required to dispose of the local investigation matter before posting the suit for preemptory hearing. In the case in hand the defendants stated in their written statement that the property claimed by the plaintiff is ......f suit plot No.355, there situates CS plot No.354 and from the west and south part of CS plot No.354, 18 decimals have been acquired for Mohakhali Gulshan link Road and for commercial area; that the government also acquired 43 decimals from the south of suit plot No.355 of the link road; that the la......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....son. After hearing the parties concerned, respondent No.2 found substance in the allegations and accordingly appointed the Administrator and directed him to hold the election within six months and handover charge to the newly elected committee. 7. Respondent No.1 has further contended that as ....... Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Alam, Managing Director of Spark and Construction Ltd. Vs. Ministry of Commerce, Government of the People’s Republic of Bangladesh and others, 47 DLR, 209; 53 DLR (AD) 70. Lawye......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....f allotment, she deposited the full premium amounting to Taka 9,000/- (nine thousand) only on 20.2.1994 by treasury chalan No.ঠ/১-৪.Thereafter, she wrote a letter to the concerned authority for handing over possession of the plot in her favour. In response thereto the Executive Engineer, Housi...... High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Fazlul Haque and others…………..............Petitioners Vs. Government of Bangladesh and others………..Respondents Judgment July 25, 2012. Result: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
.... the instant proceeding amounts to an abuse of the process of the Court, which is, liable to be quashed to secure the ends of justice. 7. Mr. M. Moazzem Hossain, the learned Advocate, on the other hand, by filing a counter affidavit on behalf of the informant-opposite party No.2 oppose the rule. ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..Category: Criminal Law | Date: | Hits: 92
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