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....iyan was the owner of the case land and the building and the petitioner-respondent lost his father during his minority and he inherited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas......me Bench on a review petition filed by the respondent on 16-8-94. It is submitted by Mr. Ahmed that by this order dated 16-8-94 only the judgment delivered by the Bench on 26-6-94 was set aside and recalled but not the order accepting additional evidence. From the order dated 16-8-94 it appears that......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
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Category: Property Law | Date: | Hits: 113
....ed as an Advocate by the Bar Council on 22-12-1969. Thereafter he was enrolled as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on ...... procedures laid down by the administrative orders of the Government from time to time in order to conduct the Government cases in civil, criminal and revenul matters and, as such, the same cannot be called ‘law' or the same have got the force of law.
10. Clause 9 of Chapter II of the LR Manual......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
...............Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AIR 1969 (Moni) 84; St......artial Law Orders, the Constitution of Bangladesh would continue to remain in force. On 26th of September, 1975 Khondaker Moshtaque Ahmed as President of Bangladesh promulgated an Ordinance which was called ‘Indemnity Ordinance No.50 of 1975 and by that Ordinance indemnity was granted to all those......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
....ity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execut...... VII rule 11 (d) of the Code of Civil Procedure.
2. The opposite parties in the instant revision case being the Secretary of Mohammadia Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka again......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
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Category: Procedural Law | Date: | Hits: 124
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....) appellant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run cons......ination he denied the defence suggestion that the arms and ammunition kept in the court were not recovered and seized from the grocery shop. He could not say wherefrom the seizure list witnesses were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamr......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....der dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of 1991 convicting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer impris......the prosecution has been able to prove the case beyond all reasonable doubt. He has submitted that P.Ws.1, 2 and 5 are the most competent and natural witnesses in a case like this when the victim was called away from the house at 10‑00 PM of the night with no chance of other persons witnessing the......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....to the learned Counsel, the action was mala fide, lacked transparency causing exposure to counterfeiting of stamp and band, loss of national revenue and undermining the rule law. Mr. Tawfique Nawaz also submitted that respondent Nos.1‑7 acted without lawful authority within the scope of Article 10......ed to respondent No.8. He has further submitted that respondent No.7 admitted in his affidavit-in-opposition that the statements made in paragraph 11 of the writ petition are statements of fact and called for no comment and thus, according to the learned Counsel, it is evident that respondent No.7......on, from real value "to token value" and from 'supply' to 'loan'. According to the learned Counsel, the action was mala fide, lacked transparency causing exposure to counterfeiting of stamp and band, loss of national revenue and undermining the rule law. Mr. Tawfique Nawaz also submitted that respon..Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The......ared, and a copy thereof shall be delivered to such person at his request. (5) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have co...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....m Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Rezaul Karim, Advocates - For the Petiti......he Act, the account has to be maintained by the drawer of the cheque. The expression 'drawer' is defined in section 7 of the Act. As per that section, the maker of a bill of exchange or cheque is called the drawer. 9. Coming back to the instant case, the Account No.026112011913 with Al-Arafah...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
.... Spinning Mills Ltd………………Petitioner Vs. Commissioner, Customs Excise and VAT and others………………Respondent Judgment February 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Tanim Hussain Shawon with Abdullah Mahmood Hasan, Advocate - For the......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka and found that the petitioner had shown shorter production than the actual production for which the Government had incurred loss of Taka 10,90,585. The petitioner was directed to make the payment within 7 (seven) days of rec..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....another............Petitioners. Vs. The Chairman, Court of Settlement and another…………....Respondents. Judgment October 29, 1991. Result: The rule is made absolute. Lawyers Involved: Dr. Rafiqur Rahman with Md. Ismail Khan, Advocates ‑For the ......efore the date of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....ner of Taxes and the Commissioner. Sub‑section (4) of section 158 enjoins that every appeal under sub‑section (1) or sub‑section (3) shall be filed within 60 days of the date on which the order sought to be appealed against is communicated to the assesses or to the Commissioner, as the case ma......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......cting the appeal of the revenue on the ground of limitation. Therefore, we shall confine ourselves on the question of limitation. 3. The assesses M/s MA Hossain and Co. filed return showing net loss at Tk. 2,41,802.00 for the assessment year 1984‑85. The Assistant Commissioner of Taxes on 29..Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR ......efore the date of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....……………Defendants-Respondents-Petitioners Vs. Abdul Hamid……………………….Plaintiff-Appellant-Opposite Parties Judgment August 4, 2009. Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 1......pposite Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the ord......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....he Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known source o......uty Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rule absolute setting aside the aforesaid order of the Subordinate Judge and consequently allowing the appl......rt Division, on hearing both the sides in details and considering the facts and circumstances dismissed that appeal making elaborate discussion. The High Court Division, during hearing of the appeal, called for the relevant volume containing the original printed copy of the CS Khatian No.4300 'Ja' f......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
.... Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahma...... same were refused. It is further stated that when he applied to the Chief Metropolitan Magistrate, Dhaka, for Class-I status in the jail in the month of March 1997, the Chief Metropolitan Magistrate called for a report from the Officer-in-Charge, Gulshan Police Station about the status and conditio......er stated that since his arrest he is being kept in Dhaka Central Jail as an ordinary under-trial prisoner in a closed cell and in solitary confinement causing gradual decay to his health and drastic loss of weight. He has been kept in unhygienic and undesirable condition and in continuous solitary ..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
.... 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint was auction-sold to the plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant wa......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......t suit claiming Taka 5,40,000.00 as rents of the suit house for three years at the rate of Taka 15,000,00 per month. The plaintiff-appellant also claimed various amounts on account of mental anxiety, loss of sleep, litigation expenses incurred by her including Taka 8(eight) lakh as transfer fees pai..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....esidential building) at Baro Maghbazar, Dhaka to the plaintiff-respondent at a total consideration of Taka 6,75,000.00 on receipt of Taka 3,50,000.00 by way of earnest money. It was stipulated in the sole agreement that the defendant-appellant would execute and register necessary sale deed in respec......n money within the stipulated time the defendant-appellant took back the sale agreement dated 5-1-1977 and refunded Taka 1,90,000.00 forfeiting the balance amount. Plaintiff-respondent created the so-called second sale agreement dated 23-1-78 and obtained her signature thereon by force with a view t......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
.... of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respondents
Judgment
March 25, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245.
......lared as an enemy property but in the instant case the property belonging to the deity was sold out by the respondents 1-3 by a deed of sale dated 9-11-89 to the respondent No.4 and the sale has been called in question in this Writ Petition. We have already seen that the debutter property cannot be ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
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Category: Property Law | Date: | Hits: 85
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