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NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....it. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the schedule to the plaint. The suit ......cution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... suit land measuring about 51 decimals, which was fully described in the schedule to the plaint. The suit was then renumbered as aforesaid title Suit No. 137 of 1997. 3. Plaint case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader an......NM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, Advocates ‑ For Respondent Nos. 1 to 8..Category: Property Law | Date: | Hits: 85
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....dence was also disbelieved by the Trial Court. He is a loader of Bangladesh Biman. In his examination-in-chief he suited that he was on duty to unload the baggages of the crews of flight No.042 which landed at Zia International Airport on the aforesaid date and time and by which flight the appella......n Chowdhury J M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR......nd convicted and sentenced him to suffer imprisonment for life and to pay a fine of Tk. 10,000/- in default, to suffer rigorous imprisonment for another one year. The Special Tribunal also found that as the offence punishable under section 156(B) of the Customs Act comes within the purview of se..................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs. Bangladesh, 33 DLR 203; Talukder A. Azia Vs...Category: Criminal Law | Date: | Hits: 87
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership of the land it is very difficult to ascertain as to who is the real landlord and, as such, he could not pay...... months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ...... of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo No. JM/420 dated 19-6‑2002 issued by the Deputy Commissioner, Kishoregonj canceling........Opposite Parties Judgment February 17, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. C..Category: Property Law | Date: | Hits: 62
...., Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of t......oner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January 14, 1998.
Result:
The Rule is made absolute.
Cases Referred to-
Sukhdev Vs. Ram Narain, AIR 1930 Allahabad 387; Sayanvna Vs. Ventaka, AIR 1931,......a was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, frau...... to-
Sukhdev Vs. Ram Narain, AIR 1930 Allahabad 387; Sayanvna Vs. Ventaka, AIR 1931, Madras 783; 36 DLR 337.
Lawyers Involved:
Hasan Foez Siddique with AKM Moniruzzaman (Kabir), Advocates - For the Petitioner.
Not Represented - For the Opposite Parties.
Civil Revision No. 2187 of 199..
Category: Property Law | Date: | Hits: 56
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......rs ...................................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India......(2004) 545.......l Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia, 7 DLR 606; Abdul Barek Mia Vs. ABM Serajul Islam, 20 DLR 501; Md. Ashid Mia Vs. Province of East Pakistan, 22 DLR 694; Khondker Monjur Morshed Vs. Executive Committee (NB), 28 DLR 449; Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42;..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubal...... Opposite Party. Civil Revision No. 1757 of 2001 Judgment Gour Gopal Saha J. - This Rule is directed Subordinate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defe......, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No. 1757 of 2001 Judgment Gour Gopal Saha J. - This Rule is directed Subordinate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, ..........Petitioner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revis..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
.... The Hospital authority therefore, could not pay money for non-tender item. 6. Further case is that, the Hospital was first let out on rent and then was transferred to the Bangladesh Bank with the land at a price of Taka 20,97,039. The Hospital authority or the defendants never caused any loss to...... the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ...... 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work done together with compensation. 2. Plaint case, in short, is that the plaintiff was a first class contractor. By tender notification dated 4‑8‑88 the defendan......and Vs. State of Madhya Pradesh, AIR 1968 SC 1218; Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC 639. Lawyers Involved: Md. Abdus Samad Miah with Sontash Kumar Sarker, Advocates ‑ For the Appellant. Humayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original..Category: Civil Law | Date: | Hits: 99
.... also for declaration that the judgment and decree dated 15.6.1998 passed in Title Suit No.7 of 1995 by the same Court was collusive and not binding upon the plaintiffs on the averments that the suit land along with other lands originally belonged to Sudhir Chandra Dutta and Subid Chandra Dutta, the......esent:
Sheikh Abdul Awal J
M. Moazzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parti......stt. Custodian Vested Property, Chandpur Vs. Tafurnessa, wife of Ali Ahmed Mia and others, 41 DLR (AD) 124; Akitullah and others Vs. Zafala Begum and others, 54 DLR (AD) 74; Golam Rahaman Vs. Hazera Khatoon, 1 MLR (AD) 211.
Lawyers Involved:
Mr. Goutam Kumar Roy, Deputy Attorney General with M......pposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To-
Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BLD..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....g, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fi......d earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......w pending in the Court of Metropolitan Senior Special Judge Court, Dhaka. 3. Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a finan......………………………………………………………...Opposite Parties Judgment January 5, 2003. Result: The Rule is discharged. Lawyers Involved: AKM Ali, Advocate—For the Petitioners. ABM Waliur Rahman Khan, Assistant Attorney-General—For the State. Crim..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
.... grave in character and ends of justice are put to jeopardy and also to correct patent illegalities. 19. Ordinarily Criminal proceeding against an accused person must be tried under the law of the land and the High Court Division will be reluctant to interfere with the said proceeding. Of course,......………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC)......politan Magistrate, which allowed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petition before the Court of Chief Metropolitan Magistrate,......Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Mr. Md. Hafizullah with Mr. Abdul Baset Majumder and Mr. Md. Ohiullah, Advocate - For the petitioner. Mr. AKM Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2...Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....s in violation of the Article 58B of the Constitution. 5. Further case of the petitioners are that the offender should be tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the impugned Ordinance is neither a Court nor a ......vely assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......he impugned Ordinance") (Annexure-A) by which a Commission has been formed in the name and style Truth and Accountability Commission hereinafter called the Commission. 3. The petitioner's case is that in the preamble to the impugned Ordinance amongst others it is stated that, to অনিয়ন......reme Court High Court Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Ban..Category: Constitutional Law | Date: | Hits: 264
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....ssession in the suit property never knew about such Sole decree. The present defendant Nos. 1‑4 recently brought Title Suit No. 30 of 2000 in the Court of Assistant Judge, Feni for partition of the land of the concerned khatian. On receiving the notice of that suit the petitioners came to know abo......rs. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the peti......f Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed to show cause as to why the aforesaid order should not be set aside. 2. The plaintiff-petitioners case is that, they instituted Title Suit No. 46 of 2000 in the Court of Assistant Judge, Sonagazi against the......oners Vs. Majibul Huq and others ....................Opposite Parties Judgment May 18, 2003. Result: The Rule is made absolute. Lawyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. J..Category: Civil Law | Date: | Hits: 75
....‘Output tax means the Value Added Tax leaved under this Act.”
(Ga): ‘Input tax means VAT on all types of raw materials, wrapping paper materials, service and machineries, but not on labour, land, building, office machineries and transports.”
The aforesaid section means that the tax o......isputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......petitioner’s Telephone Bill of October, 1994, should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts, as stated in the petition, in short, are that the petitioner who is a Senior Advocate of this Court received as the subscriber of his residenc......a and others…………Respondents
Judgment
November 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Ahmed Husain, Advocate - In Person.
Md. Serajul Haq, Advocate - For the Respondent No.2.
Mahmudul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For th..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......Debesh Chandra Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is made absolute. Case referred to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. I...... Ed. This Case is also Reported in: 56 DLR (2004) 525. ......to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. Idrisur Rahman with Md. Suza Al‑Farudgu, Md. Ekramul Islam, Md. 5hahidullah and Pratikar Chakma, Advocates ‑ For the Petitioners. AM Abdus Samad Kamal, Assistant Attorney General ‑ For Respondent No. 1. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....d by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff society was alone entitled to receive the c......dinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff society was alone entitled to receive the compensation as awarded in LA Case No. 2......lant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For R..Category: Property Law | Date: | Hits: 61
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....f 1998 impleading the present petitioners as pre-emptees and opposite party Nos.8‑24 as other opposite parties in the 2nd Court of the Subordinate Judge, Noakhali claiming pre‑emption of the case land alleging, inter alia, that the pre‑emptors are co-sharers, in the case holding by purchase an......and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Farid Ahmed J Safiqur Rahman (Md.) and others..............Petitioners Vs. Ambia Khatoon and others.....................Respondents Judgment January 10, 2004. Cases Referred..........Petitioners Vs. Ambia Khatoon and others.....................Respondents Judgment January 10, 2004. Cases Referred to- Hazi Mohammad Jayan Ali and another Vs. Jaju Pramanick and ors., 53 CWN (1 DR 61); Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 DLR 1220; A Jafar Vs. A Hamid,..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....something owed. It is a Common Law word of technical meaning. In a purely technical sense it is that for which an action of debt or "indabitatus assumpsit" will lie. 11. In Halsbury’s Laws of England, Vol. 6, paragraph No.1038, at page 538, it is stated as follows: "A winding up order will n.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacha......................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146;......arja, ILR 36 Cal, 936; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Haridas Vs. Baroda Kishore, 27 Cal 38; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Bo..Category: Employment/Service Law | Date: | Hits: 144
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....ers' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the first Court of Munsif, Sadar, Dinajpur for declaration of their title to 10.10 acres of the suit land. The suit was renumbered as Title Suit No.7 of 1985 in the Court of Munsif, Chirir Bandar, The ......l-Imran Ali and others..........................Petitioners Vs. Sudangshu Kumar Banik and others.......Respondents Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involved: Mohamm......for order of substitution of the heirs of defendant No.3 and accepting the additional written statement of the defendant No.30 dated 17‑6‑2001. 2. The plaintiff-petitioners' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the first Court of Munsif...... Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involved: Mohammad Nazibur Rahman—For the Petitioners. Enayetur Rahim with Md. Jahangir Alam—For the Opposite Parties. Civil Re..Category: Property Law | Date: | Hits: 50
....appeals involving short sentences the High Court Division should dispose of the appeals expeditiously or release the persons on bail.
These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It ma.........................Petitioner
Vs.
Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents
Judgment
August 18, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble W......anding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a private limited company conducting its business all over the country as a ......er……..Respondents
Judgment
August 18, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble Works Ltd, 62 DLR (AD) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC) 1384; Qualcast (Wolverhamp..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in......cated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7‑99 passed by Additional District Judge at Bagerhat in Title Appeal No.275 of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court......r, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Behari Lal, (1924) 82 Indian Cases 5; Promode Kumar Roy and others Vs. Benodini Haldar and others, 21 DLR 673; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, 36 Indian Cases 420; 29 DLR (SC) 137, AIR 1935 Calcutta 689; Jagannath and others Vs. ..Category: Property Law | Date: | Hits: 64
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