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Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....3 in collusion with defendant No.1 received the compensation money amounting to Taka 10,175.10 behind their back and being aware they filed an application before the Land AcquisiÂtion Officer, Bogra claiming the amount but no action was taken. Hence the suit was filed with the above prayer. 5. T......ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh......The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being the compensation award for the suit land which has been requisi..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....nce and false implicaÂtion. 8. Upon conclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during which he pleadÂed his innocence and claimed to be tried in accorÂdance with law. 9. Upon conclusion of trial, the learned AddiÂtion......ge of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danÂg...... sustained several cut injuries in his hand. Both of them struggled with each other and, at one stage, the dagger was thrown out of the window. P.W.1 then told the appellant that he did not have cash money, but he could give a cheque instead and accordingly, he brought out his cheque book and wrote ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e petitioners of aforeÂsaid four Writ petitions. This Court issued Rule in his Writ petition. It has been stated in this writ petiÂtion that no person, who got appointment illegally, is entitled to claim that he should be allowed to remain in service. It has further been stated that the adverÂtis......torney-General, Shafiqul Islam Siddique, Assistant Attorney-General and Swamp Kanti Deb, Assistant Attorney-General - For the Respondent No.1 and 2 (In Writ Petition Nos. 1796, 1798-1800 of 2011) and for Respondent No.1 of (In Writ Petition No.6791 of 2010). Khurshid Alam Khan, Advocate - F......ee for holding enquiry. Accordingly, the Enquiry Committee held enquiry and found numÂbers of illegalities and irregularities in the process of appointments. The appointments were given by receiving money. The rules and regulations in the process of appointments have not been followed. Accordingly,..Category: Employment/Service Law | Date: | Hits: 148
....rd 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative……......tem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative……………………â€......titioner, violating the principle of natural justice. Prior to such rescission of the 'No-objection', the petitioner asserted, that he has incurred expenses and also invested a considerable amount of money in materializing the transfer of shares of Taj Jute Backing Company Ltd. in favour of him. Cha..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......wing the appeal and setting aside the judgment and decree dated 23.9.1995 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as t......aishnab and the plaintiff is the only heir by inheritance of the said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....s notice sufficiently indicated that at the time of execution of Exhibit 1, the plaintiff obtained the signatures of Samir Kumar Chowdhury on some blank stamp papers. In his written statement also he claims as such. Moreso, after rescission of the contract on 15th October, 1966, it is not a believab...... Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court m......ng a promissory note on 5th Agrahayan 1372 BS and put the plaintiff into possession of a portion of the suit property. It was provided that the said amount would be adjusted towards the consideration money but if for any reason the parties decided not to execute the kabala, then Samir Kumar Chowdhur..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....h property stating that the Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, has decided to acquire the property and intends to take possession thereof and that claims for compensation for all with interests in such property may be made to him. (2) Such noti......n of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance......ation in terms of section 10 within one year from the date of decision of the Government (which is section 5 in the case of acquisition). The requiring body, therefore, will deposit the consideration money with the Government well ahead of expiry of one year from the date of decision of the Governme..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....prescribed by law the Mutawalli ceased to have authority to manage the waqf estate even under the GovernÂment. From any point of view Mutawalli or the pattan-holders under him cannot have any lawful claim of right or title in a waqf estate after completion of acquisition process with the declaratio......ent October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implÂication is the extinction of th......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
.... were deleted and accordingly the petitioners, having presented the respective bills of entries after publication of SRO No.252 dated 6.8.2000, VAT was liable to be imposed and the petitioner can not claim any vestÂed right on the ground that the letters of credit were opened after publication of S......ner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Result: The appeals are therefore allowed. The civil petitions are disposed of. The Value Added Tax Act, 1991 (Act No. 22 o....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....argo to any person, else he will face the consequence of the offence of conversion. If anyone is failed to submit the original copy of the bills of lading along with other shipping document it cannot claim the delivery of the same……………….(26) Vessel becomes liable to discharge the enti......le, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, els......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....e under section 409/477(ka) of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 which was read over and explained to the accused-petiÂtioner who pleaded not guilty and claimed to be tried. Alter that, prosecution witness No.1 was examined as well as cross-examined on ......ther order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused ......Station, Bogra, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said PauraÂshava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......agong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez an......out of four years rent and balance Taka 2,800 was agreed to be paid along with the annual rent which was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in conÂstructing pucca and semi-pucca house and created Municipal ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... oral and documentary evidence and the case is not barred by limitation or res judicata. Further, the lower appellate Court found that the defendants failed to adduce any evidence in support of their claim except SA and RS records though the defendants claimed their possession in the suit land as we......g the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before the settlement officer for correction of the said record, which was rejected. Thereafter the pl...... 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. ..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....nant in Bengal, but it does not mean that there could not be existence of Mitakshara School. Nor is there any law that binds everyone to accept any particular school, say, Dayabhaga law. The assesses claimed to have accepted and followed Mitakshara school of law and accordingly, filed returns at lea......ted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar for members of the family of the assessed to file returns of income for assessment………………......the subcontinent without any reference to any provision of the Ordinance. 23. Sub-section (7) of section 2 of the Ordinance defines the word, 'assessed' as a person by whom any tax or other sum of money as payable under this Ordinance and includes amongst every other person in respect of whom any..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... of defendant No.1 on 2nd April, 1998 she was pregnant. Subsequently the defendant No.1 divorced the plaintiff on 8th February, 2001 which was effective on 10th July, 2001. Though the plaintiff No. 1 claimed that she did not receive any notice of divorce and that the marriage was subsisted, both the...... by, the husband is proved, no evidence can be allowed to show that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, nam......ge. Plaintiff No.1 was compelled to hand over her salary to the brother of the plaintiff No.1 who was living jointly with the defendant No.1. He was a man of harsh character and she was not given any money to meet her expenses. Ultimately, the defendant No.1 in connivance with his brother and brothe..Category: Family Law | Date: | Hits: 114
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....suance of the impugned notice the customs authorities stayed the export, import business of the petitioners and created a deadlock. It is also stated that under compelling circumstances the amount so claimed was paid. 3. Mr. Mahmudul Islam, the learned Senior Counsel appearing with Mr. Mohammad H......e justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TC......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of ......grant of the college was expired earlier and the requisite fees was submitted for further grant after taking the resolution dated 29.9.2003 and after filing the suit as it appears from exhibit 5.That money was deposited on 10.3.2004 and the suit was filed on 5.10.2003. She further admitted that she ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....le without payment of aforesaid duty, tax and other charges, the Commissioner of Customs by an adjudication dated 5.11.07 imposed aforesaid penalty and fine of taka 1,48,76,068.96. In the FIR, it was claimed that by the transfer the government revenue of taka 80,91,720 was evaded. After payment and ......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20......afiq-ul Huq, learned Senior Advocate took us through the writ petition particularly the FIR and other orders passed by the Special Judge and submitted that after the payment and receipt of the entire money under the demand on the basis of adjudication order dated 05.11.07 and the customs authority h..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... the Plaintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Bang......laintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Ka......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......he Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat………………â€......003 provides the execution case shall be filed within 180 days. Admittedly, ex parte judgment and decree was passed on 3-3-2005 (preliminary decree signed on 9-3-2005) with a direction for payment of money to the defendant within 60 days and the execution case was filed by the respondent Bank on 9-1..Category: Civil Law | Date: | Hits: 170
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