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S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....int contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production and ensuring a better relationship bet......s. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, 41 DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain,..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
.... the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Gov......jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the l..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....y the learned trial Court without reversing his finding and referring to the material on which the trial Court based his finding. He further submits that the learned appellate Court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. Accord......, Khulna in Title Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that th..Category: Procedural Law | Date: | Hits: 81
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....started with the lodging of FIR on 17.12.2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29.10.2004. So in the instant case question of holding investigation by the Durnity Daman Commission or any authorized officer of the commission as..................................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to- Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahm..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....or poisoning (Reference Mode's Medical Jurisprudence Toxicology at page 571). In this case no such marks or signs were found on the dead body of the deceased Anika Snikder Lucky either at the time of holding inquest or at the time of holding post mortem examination. On perusal of (the Ext. VII ser...... the Nari-O-Shishu Nirjatan Daman Ain, 2000 against them. 4. During trial the accused-persons stood charged under section 11 (ka) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was read over and explained to the present accused-persons Rizia Begum and Shakhawat Hussain Mollah to whic..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....om the defendant No.3, Chittagong Port Authority but it was found that the consignment was lying in damaged condition at Jetty Shed No.7, and as such the plaintiff applied to the defendant No.2 for holding joint survey of goods but the defendant No.2 refused to do so by their letter dated 21.5.197......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....t company be wound up". 27. Similarly, in Eastern Bank Ltd Vs. Bengal Carpet Ltd., reported in 17 BLD (1997) 22, the respondent company was ordered to be wound up for its inability to pay its debt holding that it would be "just and equitable" to do so. 28. I have also considered the decision r......ollection of the sale proceeds, deposit the same in the petitioner's account after deduction of the GSA commission along with other related expenses. 5. In September of 2006, the petitioner took over Dragon Airlines Limited of Hong Kong. Since Dragon Air also operates four flights a week carr..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....Mr. Tanjib-ul Alam refuted the argument on the ground that temporary user of the Barges as cause way did not change its status as Barges since the plaintiff Barges named Penta 2 and Penta 3 are still holding the up-to-date renewed Government registration certificate as Barge and also on the ground t......the plaintiff for the purpose of putting those Barges on the river at Dowarika Bazar in order to connect the two bank of the narrow river and use the same as causeway to transport heavy machineries over the same. The learned Advocate Mr. Mahmood argues that the Barge not being জাহাজ as c..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....I, Rule 11 of the Code of Civil Procedure are misconceived and not tenable in law. 4. The learned Joint District Judge upon hearing the said application by order dated 22.02,2010 rejected the same holding that plaint of the suit discloses that in an enquiry the National Board of Revenue found tha......that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensation on the averments that the plaintiff as an importer opened L/C th..Category: Fiscal/Taxation Law | Date: | Hits: 156
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....aid trust. While Accused No.1 was also made trustee No.2 in the said trust deed and other trustees belong to the same family; Sometimes thereafter, in the year 1996 Atika Khanam died and she had been holding the post of Chairman of the trust till her death. Thereafter, Ummay Kulsuin Siddiqua Huda be......n on respect of the land and properties situated at 22/1, Babar Road and the trust was constituted by a Trust Deed executed by her on March 6, 1985 vide Registered Deed No.5915 and shehad also handed over possession of the properties to the trust itself; the petition of complaint disclose further th..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....d by the said order dated 27.04.1981 passed by the Metropolitan Magistrate, present petitioner moved the Court of Sessions Judge and the learned Additional Sessions Judge who disposed of the motion holding that the Sub-Divisional Magistrate, Sadar (North) ceased to have jurisdiction in respect o......d by the defence. Seen the certified copy of report of the Assistant Police Commissioner (Kotwali Zone) stating that he did not get any genuineness of the occurrence as alleged by prosecution and moreover he stated that the complaint, himself was not at all available at the time of occurrence at the..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....trict Judge, Lakshmipur. 7. The learned District Judge, Lakshmipur upon hearing the parties and on considering the materials on record by his judgment and order dated 4.5.006 rejected the Revision holding that the petitioner being 3rd party ought to have deposited 25% of the decretal amount as pe......tion of loan granted by financial institution. Mr. Khair Ezaz Maswood has failed to lay his hands on any provision of the Ain, 2003 empowering the Adalat to accept his plea or grievance. 16. On an overall consideration of the facts, circumstances of the case and law bearing on the subject, we are..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
.... Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-operative Society consisting of primary co-operative societies as its members. For holding election of the Managing Committee of Gaforgaor. UCCA, a three member Election Committee was...... the petitioner and opposite party Nos. 1-4 and also Opposite Party No.9 as representatives of their respective primary societies participated in the election held on 2010.2008. 17. Points of Controversy: The points of controversies are (1) Jurisdiction of the District Judge to entertain Miscella..Category: Others | Date: | Hits: 140
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....under Order VII rule 11 of the Code of Civil Procedure and thereafter, the learned Judge took up the matter of application for rejection of the plaint. Learned Judge rejected the plaint of the suit holding that:- “তবে বাদীর আরজি পাঠে স্পষ্ট ভা......ing to selling of immovable property where both vendee and vendor has to perform specific obligations or under takings, unless the same be performed the baina cannot be cancelled by letter. Moreover, the bainapatra is a registered deed, in cancellation of the same, there requires some legal fo..Category: Civil Law | Date: | Hits: 200
....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
......sions of the SRO No.180-Ain/99 dated 1.7.1999, has been challenged. It is stated in this application that S.T.S. Holding Limited (Apollo Hospitals, Dhaka), has set up a hospital. It allows discount over 10% to the poor patients (Annexure-B), as such, prayed for waiver of tax under the provisions I..
Category: Fiscal/Taxation Law | Date: | Hits: 237
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....e-emption the opposite party Nos.1-2 collusively and cunningly described the deed of transfer as deed of exchange. The pre-emptor and opposite party No.2, Monwara Begum both are co-sharer of the case holding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul ......rict Judge, 1st Court, Gazipur submits that in any event the lower appellate Court acted wrongly and illegally in setting-aside the judgment of the trial Court giving a go by to a unchallenged decree over the self-same issue passed by a competent Civil Court in accordance with law and, as such, at a..Category: Property Law | Date: | Hits: 117
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....titioner is one of Five Transferees. First to Seventh Opposite Parties are Pre‑emptors. Pre-emptors and father of purchasers are admittedly co-sharers and purchasers are admittedly strangers to holding under Pre‑emption proceeding. Petitioner shall be described as Pre-emptee-Petitioner and F......d in support of contention raised by Pre-emptee Petitioner. Inconsistencies occurred in testimonies of OPWs 1 and 2 had been, also, noticed, discussed and considered by learned Appellate Judge. Moreover, no case had been made out nor any legal evidence had been produced by Pre-emptees that Pre‑e..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....t and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been consider......wills of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established. (2) The State Government shall make regulations for the preservation and inspection of the wills so filed." 9. P..Category: Property Law | Date: | Hits: 113
....ervants' (Discipline and Appeal) Rules, 1985 were not followed in passing the impugned order dismissing the petitioner from service. Admittedly, an Inquiry Committee was set up by the respondents for holding inquiry into the Charges brought against the petitioner and the said Inquiry Committee submi......pension with effect from 7-2-1996. Thereafter, by a notice dated 19-2-1996, the petitioner was asked to show cause within 7 days from the date of receipt of the notice, under the provisions of the Government Servants' (Discipline and Appeal) Rules, 1985, as to why he will not be dismissed from s..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....iscussions made herein above we are of the view that the Courts below totally misread the provisions of section 44A of the Code of Civil Procedure and thereby arrived at a totally illegal findings in holding that the execution case was filed legally before the Joint District Judge and rejected the a......f Section 44A of the Code of Civil Procedure, 1908 as amended by the Code of Civil Procedure (Third Amendment) Act, 2003 which provides as :— "Reciprocating territory means any territory as the Government may, from time to time, by notification in the official Gazette, declare to be reciprocati..Category: Civil Law | Date: | Hits: 168
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