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A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ......s actually triable by special Judge and learned Magistrate has no jurisdiction to take cognizance of the case and accordingly directed to return of the complaint petition for being presented to a proper Court. 6. The Deputy Commissioner, Bogra however started Certificate Proceeding against th..Category: Criminal Law | Date: | Hits: 81
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer...... that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of th..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....n) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The R......tition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....in J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990) Dhaka Beverage Industries L......d collect the duties being satisfied with the guiding principles for determination of the production capacity and that the Board has rightly issued the notifications. As we have already observed that proper care and precaution being not taken in safeguarding the interest of the petitioners by not fr..Category: Fiscal/Taxation Law | Date: | Hits: 199
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ......passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposit..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec......o try the Deputy Attorney-General. This is an unauthorised assumption of power, I refrain from saying all that could be said, but I should at least say this much that this was neither permissible nor proper. His disregard and violation of the Chief Justice's order gave a very easy handle to the De..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is interest devolved on defendant-appellant and his brother and sister. Then died Ashrafjan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with appellant, who used to manage her property Ashrafjan's interest devolved on her full sister, plaintiff 1 and plaintiffs 2 to 5, the he..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. 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...... allegation police submitted charge-sheet on 18-7-1976. In the charge-sheet the fact of the case that was investigated was the allegation of the over-draft "without giving any document of mortgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3)..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....dhury 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 December 12, 2010. Result: The Rule is made ab......no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK), leased the subject property to the respondent no. 1, for a period of 99 years at a token consideration of taka 1/- (one..Category: Property Law | Date: | Hits: 159
....nda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”
2. The petitioner’s averment are summarised below;
The petitioner is a nonprofit ..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A......pondent No.1, 2, and 3. Writ Petition No. 3836 of 2010. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondent to show cause as to why their refusal/denial to mutate the property situated at Plot No.N(W)H Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka in the name of the ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....73. ......9-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T......litan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of this rule, in short, is that one MM Shabbir Hassan, ..Category: Criminal Law | Date: | Hits: 156
....gree.
Ed.
This Case is also Reported in:
......968 and article 24 of the Constitution of Bangladesh in case of construction work near Mohansthangor ancient monument and /or pass such other or further order or orders as this Court may deem fit and proper.”
2. Averments figured by the petitioner are, briefly, as follows:
The organization H..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that the petitioner is a practicing Advocate of the Supr..Category: Constitutional Law | Date: | Hits: 215
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm......ank allowed the respondent's prayer for raising the limit to Tk. 90,00,000/- and asked the respondent to execute a deed of mortgage in their favour in respect of their other movable and immovable properties by way of collateral/auxiliary security. The respondent executed a deed of mortgage to me..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......that as soon as “the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute” and that by a sale the interest of the property passed and “what remained was merely a right to obtain a reconveyance, or in other words,..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....se is also Reported in: ......ral that in exercising the said power, the executive organ of the Republic is indispensably required to rely on certain degree of discretion. Unless it is evident that discretion was exercised with improper motive or illegally, they can not be impeached in any forum other than the Parliament. 14...Category: Criminal Law | Date: | Hits: 133
....d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......m in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import, indenting and..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
.... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i...... 5. For ready reference the relevant provisions of the Transfer of Property Act are quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to yea..Category: Property Law | Date: | Hits: 103
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