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Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose fixed 9.8.2001 for holding auction, thus the cause of action for institution of the suit arose. 3. The plaintiff als......porary injunction filed by the plaintiff. 2. Petitioner Abdus Salam Laskar instituted Title Suit No.60 of 2001 in the Court of Senior Assistant Judge, Baniachang, Habiganj for declaration of title over 19.25 acres of land as described in the schedule of the plaint. His case, in brief, is that the..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
.... further admitted that he had already constructed a boundary wall surrounding the sold five decimals and thereby he had relinquished his claim on the remaining five decimals by his conduct. Moreover, holding of a shalish showing his relinquishment of claim on the remaining five decimals having been ......ct and further admitted that he had already constructed a boundary wall surrounding the sold five decimals and thereby he had relinquished his claim on the remaining five decimals by his conduct. Moreover, holding of a shalish showing his relinquishment of claim on the remaining five decimals having..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....Khalilur Rahman joined Naoapara godown on 5.1.1991, took over the charge collecting key from the house of Mirza Monowar Hossain. At no point of time, the appellant was in charge of the godown, or was holding the key. There is nothing on records that he abetted Mirza Monwar Hossain or any other offic......Food Controller collecting key of godown from the house of Mirza Monwar Hossain through a cleaner. The inventory of stock was not prepared on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Habiganj. The learned Additional Sessions Judge after hearing the parties allowed the same on setting aside the judgment and order dated 20.12.1986 of the Upazila Magistrate holding that opposite party No.1 was in possession over 88 decimals of land in the two schedules and...... alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over the case land by way of inheritance from his father Idris Ali and asserted his exclusive posses..Category: Property Law | Date: | Hits: 53
....ion was declared as Mirpur Paurashava, and Holding No.372 was created against the suit property. Since then the plaintiffs were paying all taxes and utility charges to the Paurashava against the said holding.
4. Plaintiff’s further case is that the suit property was declared abandoned and publi......assed by the Joint District Judge, Second Court, Dhaka rejecting the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and f..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....irst Court, Bogra in Title Suit No 317 of 1959 The question Involved in this appeal is whether the defendants held the suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff ......e suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction purchase of the touzi revenue ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... and the appeal have been referred to this Bench by the Hon’ble Chief Justice, to hear the matter as the third Judge. The two learned Judges of the Division Bench, who heard the same, agreed upon upholding the conviction of the appellants, but differed in their opinions in respect of maintaining c......the nature of the offence and the conviction because the difference of opinion between the learned Judges of the Division Bench was with regard to the sentence only. This Bench does not sit on appeal over the opinions of the two learned Judges of the Division Bench who heard the appeal. They having ..Category: Criminal Law | Date: | Hits: 94
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....he office order vide Memo No.Moshi Bim/Sha-4-2/24/1997-503 dated 15.09.2002 for giving recommendation in respect of reinstatement of the petitioner in service; accordingly the enquiry committee after holding enquiry opined that “অত্র মন্ত্রণালয়ের সূত্রে ......) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
..... Solaiman Khan, a Bench Reader of the Appellate Division shows that the post of the Bench Readers was at a higher pay scale than that of the Bench Officers. However, at present the Bench Readers are holding Third Class Non-Gazetted post while the Bench Officers are holding First Class Gazetted post......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain…..Category: Employment/Service Law | Date: | Hits: 127
....Order of adjudication, the petitioner filed an Appeal to respondent No.2, Commissioner (Appeal) on 27-9-2006 mentioning in detail of the documentary evidence and prayed for accepting the Appeal after holding impartial Enquiry. It was further prayed "to grant the Appeal for hearing by waiving depos......peal) against the Order of adjudication passed by the Assistant Commissioner, Customs, Excise and VAT was rejected on the ground that it did not deposit the demanded VAT or 10% of the penalty in the Government treasury pursuant to section 42 (Ka) of the VAT Act. And then against the said Order of ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....75.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control ......inance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872 no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full exte..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....n of the Octroi post and to render assistance, if so required by the lessee. On 7.8.76 the Administrator of Dacca Paurashava, respondent No.2 published a public auction notice, in the newspaper for holding auction for lease of all the Octroi posts under Dacca Paurashava. The appellants Octroi Mu......Assessment and Collection of Octroi) Rules hereinafter called the Rules provides for the manner of levying assessment and collection of Octroi and were framed and published in 1961 by the then Government of East Pakistan. 3. The Municipal Committees were authorised to levy and collect Oct..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....n was contested by the respondents and the learned Judges of the High Court Division on consideration of the arguments advanced by the learned counsel of both sides discharged the Rule with costs holding, inter alia, that the assessment made in pursuance of the said Regulation has remained val......of prosecution. 3. The processing and assessment of the income tax being prejudicial to the appellant, he applied for an administrative review of the decision to the Central Board of Revenue, Government of Pakistan, Islamabad, and sent it under a registered cover dated 10.12.1969 as provided ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....vation: “the case is triable by the Special Tribunal.” 5. The learned Sessions Judge and ex-officio Special Tribunal, however, returned the file to the Chief Metropolitan Magistrate on 28-8-94 holding that the matter was not triable by the “Special Tribunal.” 6. The learned Chief Metro...... After due investigation a charge-sheet was filed on 30-8-93 against the petitioners of both the Rules and others. Two of the accused-persons namely Md. Khalilur Rahman and Md. Ishaque Mazumder were Government servants at the time of commission of the said offences. And for the prosecution of the sa..Category: Criminal Law | Date: | Hits: 71
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....perused the application filed by the plaintiff praying for re-examination of P.W.1. It appears from the impugned order that the learned Subordinate Judge allowed the prayer of re-examination of P.W.1 holding that it was necessary for clarifying ambiguity in the statement of P.W.1 when he stated in h......tuted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with..Category: Property Law | Date: | Hits: 66
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....y described in the FIR) in presence of local witnesses (1) Abdul Hakim Bepari(60) and (2) Md. Khokon(22) and the accompanying members of his force. The accessed could not show any valid documents for holding the arms and ammunition. He then seized the said arms and ammunition, which were packed in a......Mr. Md. Farooq Khalil of RAB-3 and four others, all accompanying members of RAB-3, after appearing before the Siddhirganj Police Station, Narayanganj, along with the arrested accused Nasir and the recovered arms and ammunition, states that, on 14-3-2005, he along with the other members of the force ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of 1999 under s......, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77..Category: Administrative Law | Date: | Hits: 230
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....elow, while disposing of the said application for recalling the PWs filed by the accused-petitioner without taking into consideration all the above aspects of the matter, came to an arbitrary finding holding that a State defence lawyer was appointed to defend the accused Chutta Mia, who cross-examin...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....onvict of the said case and prayed for his release. But the learned Judge of the Tribunal without scrutinising the matter as to whether the petitioner is the real convict of the said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply o......stated, inter alia, that on 9‑4‑1991 at about 16.00 hours one Abu Taher, Habildar of BDR, along with others searched one shop namely "Azad Bastraloy" at Goneshtola, Dinajpur Town and allegedly recovered some foreign print sarees as described in the seizure list. Subsequent to the preparation of ..Category: Criminal Law | Date: | Hits: 73
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....ntiff had any valid and matured debt against the defendants within the meaning of section 9(1) of the Act could only be decided at the trial of the suit. 35. But the Court fell in serious error in holding that no individual natural person as creditor is entitled to present a plaint, that no debt ......bib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Prin..Category: Others | Date: | Hits: 185
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