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Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....ollected in such manner as may be prescribed duties on excise on all excisable goods other than sale which are produced and manufactured in Bangladesh and duty on salt manufactured in, or imported by land into, any part of Bangladesh as and at the rates set forth in the First Schedule. Section 12A, ...... This case is also Reported in: 47 DLR (HCD) (1995) 57.......ported GP sheets from Japan under ITC No.73.13 which was subsequently changed as Harmonised Code No.72.10 and the same was carried by two vessels under 4 Bills of Lading dated 27.5.88 and 6.6.88. At that time the rate of custom duty was 50% ad valorem and the tariff value was Taka 15,000.00 per metr...... also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......C empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to fill up the lacuna by recalli......ported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......sult: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of su..Category: Criminal Law | Date: | Hits: 97
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the suit was renumbered as Title Suit No.5......Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barma......D) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BLD (AD) 156 = 51 DLR (AD) 228; 38 DLR (AD) 201. Lawyers Involved: Sheikh Abdullah, Advocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others.........................Category: Property Law | Date: | Hits: 98
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....@ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2,......imuddin Molla and others……………….Petitioners Vs. Ibrahim Molla and others………………..Opposite Parties Judgment May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam......, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless pe......Vs. Al-haj Arian Ali, 47 DLR (AD) 48; Biplob Chandra Das Vs. Biren Chandra Das, 52 DLR 586; Ali Mondol Vs. Jamjini Kanta Dey, 1987 BLD (AD) 156. Lawyers Involved: Md. Jahangir Alam, Advocate - For the Petitioners. Shisir Kanti Majumder, Advocate - For the Opposite Parties. Civil Revision..Category: Procedural Law | Date: | Hits: 120
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....ner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of the suit land mentioned in the 'Ka' schedule forfeiting the same for establishment of a Hat under the Hat and......Howlader……………Petitioner Vs. Additional Deputy Commissioner and others………………Opposite Parties Judgment August 13, 1997. Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Mi......g the judgment and decree dated 24‑11‑1990 passed in Title Suit No.87 of 1988 by the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑......1 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul Alam, Advocate ‑ For the Petitioner. Md. Kafiluddin Ahmed, Shahidul Alam Chowdhury, Advocates ‑ For the Opposite ..Category: Property Law | Date: | Hits: 84
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....cree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the cost for developing the land, profit with interes......vocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed by the High Court Division in Appeal from Original Decree (FA) Nos. 68 of 1996,9 of 2003). ......d described in schedule-'Ka' to the plaint, the cost for developing the land, profit with interest of cattle market described in schedule -'Kha' to the plaint. 3. The plaint case, in short, was that by different deeds of purchase and exchange dated 13-9-1980, 23-5-1980, 15-9-1980, 6-7-1981, 26-.............Respondents Judgment January 29, 2012. Result: The leave petition is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appe..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....ed by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lost interest in the worldly affairs and wanted to gift the land of Ext. A in his favour. But as he was minor in 1944 Sultan Ahmed made a benami kabala, Ext. A ......respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong in Other Appeal No.210 of 1...... of learned Munsif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a benami transacti......ppellant Vs. Mst Golap Bia & others………………….....Respondents Judgment December 13, 1988. Result: The appeal is dismissed. Lawyers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....0 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed la......Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......f, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed land and on the death of Serajul Huq the disp......rt High Court Division (Chittagong Bench) (Civil Appellate Jurisdiction) Present: AM Mahmudur Rahman J Abul Basar Sowdagar.......................Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal i..Category: Property Law | Date: | Hits: 103
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....strict Naogaon lodged an Ejahar with Badalgachchi Police Station, District Naogaon alleging that the Shymahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 acres of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty ......neral, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - For the State (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005). Amirul Islam with Eva Quashem and Nasrin Sultana - For Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appea......l Hasnat Chowdhury son of late Shamsul Alam Chowdhury of village- Keshail, Police Station- Badalgachchi, District Naogaon lodged an Ejahar with Badalgachchi Police Station, District Naogaon alleging that the Shymahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 ac...... November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - For..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....red to the 2nd Court of Munsif, Barisal and was renumbered as Title Suit No.205 of 1978. Eventually the plaint was amended and the plaintiffs added a prayer for declaration of their title in the suit land. In course of time the said suit was transferred to the Court of the Munsif Gournadi and re-num......l Mannan Sikder………………………Petitioner Vs. Matilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved...... restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not binding upon them. Subse......tilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayu..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......e J MA Quddus J Abdur Rahman Molla……………………Petitioner Vs. State……………………Opposite Party Judgment May 4, 1998. Result: The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 ...... in Kalia PS Case No.17 dated 27-2-98 which gave rise to GR Case No.31 of 1998. 2. Informant Mohammad Moktel Shaikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious i...... Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For ..Category: Criminal Law | Date: | Hits: 93
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.....155 of 1978. 2. Certain facts are admitted. The plaintiff was inducted by the Brahman Baria Pourashava as a tenant in the shop-room in question in June, 1966 at a monthly rent of Tk. 44/-. This land was taken by the Brahman Baria Municipality as lease from the District Council and the Municipa......s Case is also Reported in: 35 DLR (AD) (1983) 354. ...... and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been transferred to the defenda......Vs. Tejendra Lal Chowdhury, 6 DLR 577; AIR 1928 All. 95. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advocate (Mahbubey Alam, Advocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Ap..Category: Property Law | Date: | Hits: 99
Category: Property Law | Date: | Hits: 128
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ade as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ithout any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water Development Board, was promoted......er Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is made absolute. Lawyers Involved: Abdul Baset Majumder, Advocate - For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. ..Category: Employment/Service Law | Date: | Hits: 184
Category: Property Law | Date: | Hits: 150
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....y injunction for restraining the defendant opposite party from executing any document in respect of the suit property, constructing any building or digging any earth and changing the character of the land of the 'Ka' schedule property till the disposal of the suit claiming title to the suit property......………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 19......nheritance as well as by purchase. The defendant Opposite Parties entered appearance and filed written objection denying the material allegations made in the application for injunction and contended that 0.08 acre of land appertaining to plot No.154 described in "Ka" schedule of the plaint was purch......ischarged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; AIR 1920 (Pat.) 567. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision..Category: Civil Law | Date: | Hits: 93
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Satish Chandra and others from whom the plaintiffs have purchased the suit land. After their purchase the plaintiffs asked the defendant No.1 to deliver possession of the suit......J Gajendra Nath Mondal and others……………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Peti......SCC Suit No.1 of 1983 in the then Court of Munsif, 2nd Court and the SCC Judge at Serajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Sat......others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4..Category: Procedural Law | Date: | Hits: 82
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....e that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahnasheen lady. The plaint case is that the suit land belonged to Atar Ali and his brother. On Atar Ali's death his interest was inherited by his wid......first Appellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. Facts are that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahna...... Judgment Kemaluddin Hossain J. - This appeal on special leave arises from a judgment of a Single Judge of the Dacca High Court, reversing the decision of the first Appellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. F...................Respondent Judgment January 26, 1977 Result: The appeal is dismissed. Lawyers Involved: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-Record-For the Appellant, Abdul Aziz, Advocate-on-Record-For the Respondent No.1. Ex-parte—Resp..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... account. The Manager granted him overdraft facility. The Regional Manger took exception to these and therefore the Bank on 23-5-75 asked for security by way of Mortgage of the Cinema Hall with land and other equipments worth over Tk. 5 lacs in favour of the Bank. By 30-1-80, the petitioner ha...... Case is also Reported in: 35 DLR (AD) (1983) 284.......J.- I have gone through the judgments Written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ; I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury, J.- I regret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J........ Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advoc..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....t Bell Liquors Ltd, 1922 Act 128; R Vs. Panel on Take over and Mergers, ex-parte Datafin PLC (1987 2QB 864); Reg. Vs. Criminal Injuries Compensation Board, Ex parte Lain [1967] 2Q.B. 864; Bank of Scotland Vs. Investment Management Regulatory Organisations Ltd. 1989 SLT 432; R Vs. International Stock......riginal Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment ....... Securities and Exchange Commission, 54 DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal Vs. Stock Exchange, Bombay, (AIR 1991 Bom 30); Khatri Vs. Bihar, (AIR 1981 S.C. 928). Lawyers Involved: Masood R. Sobhan, Advocate - For the P......al Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment De..Category: Property Law | Date: | Hits: 159