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Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......o-sharer after obtaining the certified copy of the kabala pre­-emptor came to know of the aforesaid transfer on 24‑3‑1970 definitely and filed the case depositing the proportionate consideration money of the case land along with statutory compensation. 3. The opposite party No.1 as pre-empte..

Category: Property Law | Date: | Hits: 132

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ...... as cost for remedial works for the damage cost to Daleshwari Bridge but they did not perform the obligation and in consequence thereof respondent Nos.1‑3 made a deduction of 10% of the security amount. The petitioner in his affidavit-in-reply stated that the concerned Executive Engineer thoug......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....s" in future, but, notwithstanding this, the detaining authority also used those innocent activities as grounds of her detention and as such, according to Mr. Sobhan, the detention of the detenu as a whole has been vitiated by illegality. Mr. Salehuzzaman, the learned Deputy Attorney‑General, does......nisations but it has not been stated anywhere in this ground to which labour organisation or to which women's organisation such funds had been supplied by the detenu. It has not also been stated what amount, in what manner, on what date and to whom such funds were supplied. We have, therefore, no he......e visitors who had gone there to visit the prisoners. Like the other grounds, in this ground also no particular has been given as to what amount, on what date or dates, in what manner and to whom the money was paid. This ground also, therefore, suffers from similar vagueness. 14. In the fourth..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......he petition. It is submitted that the petitioner became a ‘surplus public servant’ after the abolition of his post by the Government for the purpose of administrative rearrangement to save public money, in accordance with section 2(e) of the Surplus Public Servants Absorption Ordinance, 1985. Th..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......n question (assessment year 1984-1985) the assessee sold the house property at Plot 54, Block No. B. Banani Model Town, Dhaka from which he got a net gain of Tk. 11,87,536/-. Subsequently out of this amount the assessee purchased shares of Tk. 8,00,000/- from M/s. Alam Industries Ltd. for which he h......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......in presence of witnesses paid Tk. 12,00,000/-more to the ac­cused at complainant's house at 981, OR. Nizam Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at com­plainant's said house by executing a 'Chuktipatra' (agreement) on a......ecision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had ar­ranged for one N.O.C. permit and to comp­lete formalities of the permit he wanted to have a loan of some money from the comp­lainant but the complainant expressed his inability. The cunning accused on 30...

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......n at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7th Aswin 1372 B.S. with the stipulation that they execute and regis­ter a kabala on receipt of balance considera­tion money of Tk.250/-. Mono Ranjan Das and Bipin Chandra Das sold .44 decimals of land to Jainal Abedin ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ection 12 contending, inter alia, that though the consideration money was fixed at Taka 3,68,00,000 but the condition of payment of Taka 50,00,000 as advance was not fully complied with as the cheque amounting to Taka 12,50,000 of Al-Baraka Bank, dated 11-8-1999 was dishonoured by the concerned bank......persons. The purchaser respondent was also allowed to obtain clearance certificate from the RAJUK and get the plan approved and sale/allot the aforemen­tioned spaces to various customers and receive money for the said purpose from the aspirant cus­tomers. The seller appellants under the said agree..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....stration Act. Section 28 of Registration Art speaks that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑district the whole or some portion of the property to Which such documents relates is situated. In the instant ca......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......t the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali Vide Ext. ‘A’ is an inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to..

Category: Property Law | Date: | Hits: 122

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

.... witnesses such as Latifa Akhter, Sakhwat Hossain, Imran, Afsarun Nessa have proved the prosecution case beyond any shadow any shadow of doubt They were present at the scene of occurrence and saw the whole incident and they also sustained injuries on their persons. Such evidence inspire confidence. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......e of occurrence her mother Latifa Begum, brother and sister, mama and Nani were all present. She denied the suggestion that on the night there was a dacoity in the house and as they could not pay any money to the dacoits, the decoits caused the injuries by inflicting dao kopes. She denied the sugges..

Category: Criminal Law | Date: | Hits: 125

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... of the Executive Engineer to the petitioner No.1 and respondent Nos.4‑8 and that the current charge so given to the respondent Nos.4‑8, who as Assistant Engineer are junior to the petitioners as amounts to promotion the petition again submitted objection to the said action of the Authority but ......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......is uncle) constituted a Wakf Deed dated 16.3.48 and defendant No.1 prayed for enrolment of the suit property as Wakf Estate and also for direction upon the plaintiff No.1 and others who collected the money during Urush held in the year 1977. Defendant No.2 receiving the petition of defendant No.1 as..

Category: Trust/Waqf Law | Date: | Hits: 181

Kohinoor Chemical Compa­ny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..

Category: Procedural Law | Date: | Hits: 133

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

.... and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of marshy land. The Mu­nicipality raised it by a process of filling and......session on the basis of an allotment pending finalization of their respective lease agreements. A proper deed of lease could not be finalized and executed allegedly owing to non-payment of the entire amount of premium on the part of the petitioners, but on such account the petitioners' standing on t......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......fell down on a chatai and died instantaneously. P.W.1 also stated in the First Information Report that his Talai Mohabullah and Talata brother used to torture his sis­ter when she asked them for the money sent by her husband from Saudi Arabia and for that reason suspi­cion arose in his mind that t..

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......andra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few months thi......Ram Chandra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few mont..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......to the other parties. In this case the Court without issuing notice on the other parties passed the order sought to be reviewed. This omission to hear the other side is contrary to section 24 CPC and amounts to be" some mistake apparent on the face of the record" which, in my Judgment' is covered by......ed on the interpretation of the clause, an award was made but it was not accepted by the lessor on the ground that the same was not paid in terms of the clause relating to payment of the compensation money. The Calcutta High Court took the view that the clause relates not to the monthly rents spread..

Category: Civil Law | Date: | Hits: 157

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman dealt a sulfi blow on the elbow of his right hand causing bleeding injuries. They also caused injuries to other inmate of the house and booted away golden ornaments, sarees and cashing Taka amounting to taka 7,000.00 and departed. Hearing hue and cry witnesses arrived at the scene of Occur......eceased Sikim Ali. When P.W.4 Lilita Bibi resisted Khalilur Rahman also dealt sulfi blow on her right thigh. Other accused taking advantage of chaotic situation looted away ornaments, sarees and cash money amounting to Taka 7,000.00 from the house. 5. Police investigated into the case, visited th..

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....t. The article was written malafide in a tone to undermine the judiciary and it tends to dread conflict between the two organs of the state-the legislature and the Judiciary in an atmosphere when the whole nation was in a sensitive pulse when the writer writes "And as a matter of fact, the informal ......and undoubtedly casts aspersions on the courage and ability of the Judges and by no stretch of imagination can be said that it is not written for scandalising the Judges or his authority and does not amount to contempt of Court. The article was written malafide in a tone to undermine the judiciary a......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......nee to the doner at his old age as averred in the deed of gift. In the case of Kanchan Mala Vs. Renu Miah 12 DLR 479 (para 6) it has been held as follows: "love and affection cannot be measured in money and, as such, it cannot be said that the gift in question is a Hiba‑bil‑ewaj wholly or con..

Category: Property Law | Date: | Hits: 127