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Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... respective cases. After hearing the parties, the learned Joint District Judge, Additional Court, Narayanganj, dismissed the suit vide judgment and decree dated 21-3-2004 (decree signed on 24-3-2004) holding that the plaintiffs failed to prove their right, title and interest in the suit land describ......kira Vs. Anisur Rahman, 1 BLC 102; Gita Rani Vs. Bangladesh, 36 DLR (AD) 225; Md. Rafiq Vs. Md. Zahur Nasir, 8 DLR (WP) Lahore 56; 33 IA 60; Ashraf Ali Vs. Etim Ali, 11 DLR 185; Grida Lal Vs. Bengal Government, (1868) 12 MIA 448; Sree Jukta Haladhar Karmakar Vs. Bangladesh, 26 BLD 529; Karimunnessa ..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....ees. 5. This application came up for hearing on 12.1.84. The learned Munsif, Kumarkhali upazila heard both the sides and was pleased to reject the same by his judgment and Order No.8 dated 12.1.84 holding, inter alia, that the suit is not barred by res judicata and the same does not suffer from i......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In that case said Sukmon Singh and Girish Chandra relinquished their claim of right and possession upon the suit holding including suit land in favour of Darika Nath, father of the plaintiff, refusing to pay arrea......e suit holding including suit land and began to possess the suit land exclusively. After death of Darika Nath his only son, the plaintiff acquired the same and is in possession by paying rent to the Government. In the SA khatian names of Girish Chandra and Sukomon Singh were wrongly recorded with th..Category: Property Law | Date: | Hits: 123
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....owing that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small Cause Court Judge committed an error of law in holding that the rent was payable in yearly instalment. 7. Mr. Dutta has further submitted tha......defendants have been depositing the rent since then in the House Rent Control Case No.38 of 1984 and as such they are not defaulters. The defendant’s further case is that they paid rent to the Government and taxes to the Pourashava for the suit premises amounting to more man Tk.500/-. The plai..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....apply to the procedure of the Special Tribunal and such Tribunal shall have all the powers conferred by the Code as a Court of Sessions. But this only relates to exercising original jurisdiction in holding trial and not revisional powers with which the Sessions Judge has been vested under the Code......e Sessions Judge acts on the authority of the Code of Criminal Procedure and the Special Tribunal derives its power from the Special Statute known as Special Powers Act. The Statute do not permit the overlapping of jurisdiction of the forum created under it. The Sessions Judge as such exercises revi..Category: Criminal Law | Date: | Hits: 103
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....mation arises, the employer may in such case constitute a departmental enquiry to find out the suitability of the employee. There is no element of punitive proceedings in such an enquiry, the idea in holding such an enquiry is not to punish the temporary servant but to decide whether he deserves to ......ault for which his explanation should be demanded. The management is the sole judge to decide whether the services of a probationary are satisfactory or not and the civil Court cannot sit in Judgment over the decision of the management. The management is, therefore, not bound to adduce evidence as t..Category: Employment/Service Law | Date: | Hits: 166
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....repared by my learned brother, Md. Abdul Wahhab Mia J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan......mptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husband at different places and so she could not visi..Category: Property Law | Date: | Hits: 138
....nst the police report alleging that Babul accused No.1, the principal offender, was recommended to be discharged and that the investigation was perfunctory. The learned Magistrate passed an order for holding judicial inquiry after rejecting the police report and thereafter witnesses produced by the ......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ...... the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East Pakistan for the purpose of development of Dolaikhal area and the people..Category: Property Law | Date: | Hits: 92
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....her having no means of her own; that the defendant's sons purchased 6 kathas of land from the said Meherunnessa Begum and paid Taka 1,00,000.00 on the date of agreement for sale of 61‑Purana Paltan holding and promised to pay Taka 8,00,000.00 after execution and registration of the sale deed and a......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ation filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Criminal Law | Date: | Hits: 112
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ation filed by the opposite party No.1, Aleya Khatun alias Fulu on 29.10.90 OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Procedural Law | Date: | Hits: 153
....is service was terminated by the impugned order. It is the further case of the petitioner that the petitioner's service having been terminated on the ground of being surplus the service of the person holding the same rank and junior to him should have been terminated but the petitioner has been sele......ed arbitrarily and without lawful authority.
3. Respondent Nos.1 and 2, namely, Managing Director and the Secretary, Bangladesh Mukti Juddha Kallyan Trust filed an affidavit‑in-opposition controverting the material allegation and contending that the petitioner was the junior most of the three..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....vidence that the kabalas of the defendant Nos.1 and 2, specially kabala dated 27.1.78 Ext. A(1) was either without consideration or fraudulent. Therefore, the learned court below was not justified in holding that the said kabala was without consideration and fraudulent and the defendants were not bo......s.1 and 2 are prior to the kabalas of the plaintiffs. Section 48 of the Transfer of Property Act is as follows: "48. Where a person purports to create by transfer at different times right in or over the same immovable property, and such rights cannot all exist or be exercised to their full ext..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but without passing any order thereon holding that leave to appear and defend the suit was granted by implication and fixed 3.1.89 f6r fil......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ity and to be of no legal effect and why the respondents should not be directed to cancel, rescind or withdraw the impugned judgment and order. 2. The petitioner Abdul Quddus's case is that the holding No.11 ‑A/8 of Block ‘F’ remained vacant during the liberation war and after the war al......High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. ..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....g person. As such it would be unsafe to convict the accused persons on such identification evidence unless corroborated by some other evidence. 16. Moreover there was a delay of about 41 months in holding the T.I. Parade. Mr. Nasirul Islam contended that in view of the delay in holding the T.I. P......tated that pursuant to the order of D.I.G., C.I.D. he took up the investigation of the case. He tried to apprehend the absconding accused but he could not complete the investigation as he had to hand over the case to the C.I.D. Jhenidah. These are the evidences adduced by the prosecution to prove it..Category: Criminal Law | Date: | Hits: 142
....der of the Taxes Appellate Tribunal, Chittagong Bench, Chittagong:
"Whether on the facts and circumstances of the case, the Taxes Appellate Tribunal, Chittagong Bench, Chittagong, was justified in holding that the payment made to the National Exchequer by the assessee constitutes an expenditure d......Tribunal the disallowance made by the Deputy Commissioner of Taxes as well as the Appellate Joint Commissioner of Taxes was set aside holding that the contribution to the National Exchequer ranks as Government levy and as such the expenditure in the shape of contribution to the National Exchequer wa..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....itself being extenuating circumstance was sufficient to commute death sentence. In order to support this contention reliance was placed an aforesaid two decisions but his Lordship A.T.M. Masud, (J) holding different view did not follow principle laid down in those decisions. 17. In the case o......On that very night at about 01:15 AM he went to Tayeb Ali's shop and arrested appellant Nowsher Ali who was then in custody of Hasen Ali Dafadar of Fakirhat union (P.W.13). He (Hasen Ali) also handed over the torch light of victim Elias to I.O. who also seized wet cloth from the person of the appell..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... The police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, prepared inquest report of the dead body of the deceased and sent it to morgue for holding post-mortem examination, seized alamats by preparing seizure lists, produced some of the wit......terials available on record framed charge against the accused-appellants and one Noor Hossain (who died during pendency of this appeal) under sections 148/149/302/114/34 of the Papal Code and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecuti..Category: Criminal Law | Date: | Hits: 111
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