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Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......erpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials…………………………..(11) Cas..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....t Judgment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return of income is so filed ......ed was the head of an undivided Hindu family and that he submitted separate income tax returns in the names of his wife and two sons in the same circle and thereby, he concealed income from the house property. Upon such views, the Deputy Commissioner of Taxes issued notice under section 93 of the In..Category: Fiscal/Taxation Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....ed extension of leave; (d) any activity which may directly or indirectly influence in exciting one group of teachers or students against; another group of teachers or students for political or personal gains; (e) any activity which creates indiscipline or moral repercussions among the teac......students; (f) in subordination, alone or in combination with others, to any lawful or reasonable order of the principal or as the case may be the Governing Body; (g) unauthorized use of college property, and (h) any other activity which is considered and specified by the Board to be prejudi..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....of the petitioner, perusing the records and considering the facts and circumstances said Commissioner adjudicated the matter dated 05.11.07 and imposed total penalty of taka 51,00,000.00 out of which personal penalty on the importer of taka 20,00,000.00 under Clause 9(1) and 14 of the Table to secti......y as per said SRO. The FIR and charge sheet clearly specified the offence under section 409 of the Penal Code. Said SRO barred the petitioner from any kind of handover of the vehicle and as such, the property was entrusted upon the petitioner upon certain conditions and handing over; the vehicle wit..Category: Fiscal/Taxation Law | Date: | Hits: 246
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is an absolute bereft of the approved procedure…………………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the ..Category: Property Law | Date: | Hits: 107
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......the learned Joint District Judge, Commercial Court No.2 Dhaka dismissing Title Suit No.57 of 2001. 2. Plaintiffs in the foresaid suit prayed for a decree declaring his 16 annas title over the suit property mentioned in the schedule to the plaint with further declaration that the deeds of both the..Category: Property Law | Date: | Hits: 80
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....f Taka 500 (five hundred), in default, to suffer rigorous imprisonment for 1 (one) month more. 2. The prosecution case, in short, is that the informant P.W.1, Md. Joad Miah along with other police personal on 6-10-1990 at about 11-30 AM from village Telipara arrested the present convict-appellant...... it which are not there." 33. From the case of SN Kabir Vs. Fatema Begum, reported in 15 BLC 585, it appears that plaintiff instituted a Title Suit for declaration that he is the owner of the suit property and that the defendant wife is his benamdar and is not the owner thereof. At the instan..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....e petition of complaint and examining the opposite party No.2 took cognizance of the offence under section 323/379 of the Penal Code in the case and issued notice upon the petitioner asking for his personal appearance. 3. On 02-04-1991 the date was fixed for his appearance, the petitioner surre......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......and registered the forged deed in the name of Rai Charan. Section 463 of the Penal Code says that whoever makes any false document with intent to cause damage or injury to any person to part with any property or enter into a contract or commits fraud, commits forgery. Section 464 says that a person ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....e recourse to preventive detention on account of the same pending criminal case. This may at times also lead to the executive excesses, leading to the harassment of an individual and curtailment of personal liberty. …………………………….(7) Cases Referred to- 20 DLR (1968) 1005;...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......into consideration for the adjudication of a cause which had arisen earlier specially in a pre-emption proceeding, which has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with c..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......eived in the Act. We also could not find the existence of such Act in the Indian Code. The Act might have served out the purpose. Disqualification of the proprietors of the estates both in respect of property and person ceased to exist long ago.
48. We requested Mr. Khondaker Mahbubuddin Ahmed to..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....e of Criminal Procedure when they again pleaded their innocence and declined to adduce any evidence. 5. The defence case, as it appears from the trend of cross-examination, is that since there was personal enmity between the Ward Commissioner Taslimuddin Babul of Ward No.15 and accused Ershad Ali......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....xamination the witness admitted that he did not know of the existence even of the Sampradaik Sampriti Sangrakhkan Parishod and also that there was no date on the pamphlets. He however, stated that he personally saw the supporters of Respondent No.5 circulating the pamphlets. He admitted that he did ...... rule which is a shadow; the former goes to the root of a matter; the latter touches merely the fringe or branch of the matter. In the instant case, production of a certificate to the effect that the property will be used for official purpose only goes to the matter of levying the tax called octroi...Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......the mere approval of lease in writ jurisdiction before finalization of the same and that the writ petitioner was a Chairman of Local Union Parishad and was not entitled to get lease of the Government property; that the Deputy Commissioner duly arranged inquiry of the land and complied with the requi..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......cial Court and Joint District Judge, Chittagong and finally renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed..Category: Property Law | Date: | Hits: 132
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......le 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'District Judge' having territorial jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan...Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......a land he should establish his civil right thereof through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For ..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......t is easy to see that the plaintiff in the present case neither made out, nor proved any right of easement by prescription…………………(9) The easement right is always upon somebody else's property and such a right offends the right of the owner of servient tenement. Therefore, there shou..Category: Civil Law | Date: | Hits: 189
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purchase of the suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plainti..Category: Civil Law | Date: | Hits: 153
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