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Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......le in favour of plaintiff was based on such a Nadabi deed. The Nadabi deed appears to have been taken to be a piece of evidence merely to strengthen the plaintiff's claim of title on the basis of the principle of feeding the grant by estoppel. 7. Mr. Khandker has further submitted that in any vie......vocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ed that when such land is held free of rent, such development and relief tax shall be levied and collected at the rate of four annas on each rupee of rent that would be assessable on such land on the principles laid down in section 26 of the East Bengal State Acquisition and Tenancy Act,1950.
(......vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19......lied to such land, at the time of such acquisition, be regulated by the provisions of that Act.
(2). The rights and liabilities of other non-agricultural tenants shall-except in the matter of determination, enhancement or reduction of rent, be governed by the terms of the lease and the pro..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... 22. Furthermore, the learned Judge in passing his judgment and order of conviction did not consider the statements of appellant Nos.1 and 2 made under section 342 of the Code. It is a well settled principle of law that non-consideration of statements under section 342 of the Code causes miscarria.........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......guilty man does not escape. Both are public duties. A judge is to sift grain out of chaff. Therefore, he cannot afford any favour other than truth and only truth. In the touchstone of above stated principles of criminal Jurisprudence, the points formulated are being addressed. 17. The learned ......e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......fund. So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain, 2003, which allows the Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract. In the said line, we consider it fit and ......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......efore an Arbitral Tribunal, there may very well be an Award by the majority. This is an undisputed position. At the same time, the arbitration proceeding must also conform to certain well established principles and norms of legal rules and conduct. Upon conclusion of hearing, the members of the Trib......ocates - For the Respondent.
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......ve beyond all reasonable doubt that the convicts shot the deceased to death. He refers the cases of Anisur Rahman Vs. State, 1986 BLD (AD) 79 and Billat Vs. State, 52 DLR (AD) 143 as to the settled principle of law of the theory of last seen. He adds that accused Abu Bakar, Bipul, Miru, Babui and......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ......guilty only because they absconded. Therefore, the prosecution could not prove the charge against them beyond all reasonable doubt and, as such, they are entitled to get acquittal. 11. Now for determination whether the prosecution could prove beyond all reasonable doubt that the convicts com..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......ing the burden of proof entirely on the defence holding that the talk of amicable settlement between the parties became corroborative proof of alleged occurrence in total ignorance of the established principle of Criminal jurisprudence. The learned appellate Court also has not arrived at any indep......pheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner in the afternoon to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
....he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......l, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners.
Anisul Huq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 996 of 2011.
(From the judgment and order dated 28.04.2011 passed by the......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 131
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......ect, the petitioner has not come with clean hands. So far as the submission that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs.......tra vires of the Constitution of the People’s Republic of Bangladesh.
2. With regard to the Notification, it is said that the provision 1(Gha) provides that the petitioners would be on probation for 2(two) years and that they might be removed during that period without assigning reason. This is......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ...... 30 of the Customs Act was involved. But interpretation of section 25 of the Customs Act was not involved in those decisions. Learned Advocate for the petitioner of the respective Rule contended that principle enunciated in those decisions regarding application of the rate of customs duty will also ......nt to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Learned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record ......of the Customs Act cannot be declared ultra vires or to have been made and passed without any lawful authority.” 5. Sub-sections (1) (2) and (3) of section 25 of the Customs Act 1969 provide for determination of value of imported goods and sub-sections (4), (5) and (6) of section 25 provide for..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......Azizul Hoque, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant J......ul Hoque, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge..Category: Civil Law | Date: | Hits: 86
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201....... that is, about 21 years back such occurrences took place which cannot be the grounds for detention of the detenu on 18.8.96 under the Special Powers Act. He further submits that it is an established principle that in the matter of detention the ground must be very proximate and the remote grounds c......ts to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman (hereinafter referred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful au......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......n of his grievance. Under such circumstances the learned Courts below erred in law in holding that the plaintiffs claim is barred by estoppel.
14. In this connection we may profitably refer to the principle which is incorporated in section 115 of the Evidence Act. The doctrine of estoppel in an e......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249......."any person interested in the waqf" being aggrieved. The plain language does not permit this introduction of new words within the phrase, nor is it opposite in the context. 11. As reference to the principle clause of section 50 reveals that the Administrator has been authorised to decide whether ......nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ......cter of a waqf property shall be decided by the Administrator. The word 'question' means that either there is some challenge or some dispute regarding the character of the waqf property or some determination of the waqf character of property is in question. Mere enrolment of a property as ..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......essee to manage his affairs in such a way as to attract upon himself the least amount of tax provided it is not against the law. The tribunal had noticed a series of decisions on this point and the principle it so settled that it does not need any reiteration. 12. Reference to section 4(1)(b)(i...... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such the assessee is liable to be taxed in his hands for the income from commission. The Income Tax Officer took further view that the Managing Agent, th......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ......the petitioner as well as the decisions referred by him and the submissions of the learned Attorney General on the subject and upon meticulous examinations of the materials and upon discussion of the principle regarding cancellation of bail came to the findings. In the light of the law and decisions......cted by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Di...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ate by name contained in the Memorandum, capable of exercising all functions of an incorporated Company having perpetual succession and a common seal. In other words, the section enacts the general principle of corporation for the company registered under the Companies Act. The company gains a c...... is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) 29 DLR (AD) 185; Tamlin Vs. Hannaford, 1950 (1) K.B 18; State Trading Corporation of India Vs. The Commercial Tax Officer, A.I.R. 196......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......wn in respect of that". Shahabuddin and Md. Sharif, JJ. took a contrary view on the evidence of Hakim Ali who was the sole eye witness and were inclined to give benefit of doubt. 21. But on the principle, learned Judges that case did not depart from the well-settled law that the committing Cou......While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acquitte......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ...... any dispute that a question of law may be raised at any stage of a proceeding. But if the determination of a question of law is dependent upon prior determination of a question of fact then this principle of law will not be applicable. Whether the land is 'agricultural land or non-agricultural ......h Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 o......e raised at any stage of a proceeding including a proceeding before the Appellate Division. There is hardly any dispute that a question of law may be raised at any stage of a proceeding. But if the determination of a question of law is dependent upon prior determination of a question of fact the..Category: Property Law | Date: | Hits: 58
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