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Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ition of abandoned property within the meaning of President Order No. 16 of 1972. 11. Mr. Fakrul Islam, the learned Assistant Attorney‑General appearing for the respondent No. 2, of the other hand, submits that as the property in question had been listed as abandoned property and was publish......ioner No. 2 was born on 5.2.53 at Dhaka. The house property No. 6A/8, Block F, Joint Quarter, Mohammadpur was allotted to the said Alimunnessa alias Aliman, the mother of the petitioners by the then Government of East Pakistan vide letter No. 585 AO dated 16.6.62 and thereafter, a lease deed was exe......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....ame on a motor cycle from southern direction. On the way Mosharraf Hossain was dropped. The motor cycle came in front of the Union Parishad office where Abul Khair got down from it with a revolver in hand. He then proceeded towards the Union Parishad office. Mainuddin remained near about the motor c......n a motor cycle from southern direction and from there one of them had gone towards Raipur by his rickshaw. Ultimately P.W.12 could secure the arrest of the appellant Mosharraf Hossain and handed him over to Lakshmipur police station at about 5.30 PM. On the following day Mosharraf Hossain made a st......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....tion is not qualified to be enlisted in the list of abandoned properties, the jurisdiction of the Court of Settlement ceases to operate and the said court will act without jurisdiction if it lays its hand on such matter. 17. The learned Court of Settlement committed serious illegality in comin...... of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Sale......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....nature and scope of section 561A of the Code of Criminal Procedure in the matter of quashing criminal proceeding. 13. Judged by the above tests let us see whether the proceeding in the case in our hand is liable to be quashed or not. 14. In the petition of complaint it is categorically stated ......r the law of the land and the High Court Division will be reluctant to interfere with the said proceeding. Of course, it is neither possible nor desirable nor expedient to lay down any rigid rule in governing the exercise of power under inherent jurisdiction. A consideration justifying the exercise ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
.... credited to their VAT current account (Annexure-Z). 8. Mr. Murad Reza, the Learned Additional Attorney-General appearing with Mr. SM Moniruzzaman, the learned Assistant Attorney-General, on other hand, appearing on behalf of respondents No.1 by filing affidavit in opposition opposes Rule and sub......the learned counsel by filing supplementary affidavit dated 25-7-2010 has drawn our attention to paragraph 2 of the same wherein it has been stated that the petitioner is ready to provide pay orders covering the amount of claim by the VAT authority under this Writ Petition, provided that if differen......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....nce. In this connection she also referees the cases of Ustar Ali Vs. State, reported in 18 BLD (AD) 42 = 3 BLC (AD) 53 and Babor Ali Molla Vs. State, reported in 44 DLR (AD) 10. 11. On the other hand, Mr. Farhad Ahmed, the learned Deputy Attorney General appearing on behalf of the State submits...... and disclosed their names as Hashem, Shahjahan, Hossain and others. Before the occurrence a cow of Shahid Master was stolen and the accused persons committed the said theft and a salish was held over the said incident and it was decided in the said salish that the accused persons would be ouste...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
.... and also for further declaration that the defendant No.1 did not acquire any right, title and interest in more than 0.0090 acre of land of CS Plot No.371 and also for directing the defendant No.1 to hand over possession of the 'Ga' schedule land to the plaintiffs within 30 days, in default to pass ......also for further declaration that the defendant No.1 did not acquire any right, title and interest in more than 0.0090 acre of land of CS Plot No.371 and also for directing the defendant No.1 to hand over possession of the 'Ga' schedule land to the plaintiffs within 30 days, in default to pass a dec......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sri Ram, AIR 1946 All. 139; Ramdeo Vs. Messers B Chand, AIR 1962 Raj 164. Lawyers Involved: Nurul Huq with Alauddin, Advocates - For the Appella......ting his house thereon. But said MA Nasir failed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the propert......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ment and decree passed in Title Suit No.201 of 1991 is dismissed. Cases Referred to- 6 BLD (AD) 231; 1984 BCR (AD) 127; 2 CLC (Voiwne-2) 1983 Karachi page 1085. Lawyers Involved: Bhabesh Chandra Ghosh, with Md. Nazrul Islam Advocates - For the Appellant. Mahmudul Islam, with Shirin Ah......hese names (Hamida Begum and Hamida Choudhury) were written. Since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view should be accepted as genuine. Moreover, it appears from the evidence of P.W.1 that the defendant-appellant agreed to execute a second ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....d.)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul......fund. After the gift, defendant No.2 also made some improvements at a cost of Taka 43,000.00 for construction of one bed room, two bath rooms, one dressing room, one store room, one pantry and fully covering the varandha with iron grills. Defendant No.2 also spent Taka 10,000.00 for constructing a w...... joint business of the two brothers. Apart from attesting the deed of lease to the Embassy of Switzerland by the plaintiff, there is nothing to show that he participated either in the construction or management of the property of schedule ‘B’. The custody of the original document is undoubtedly ..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....has also started a Seizure Case under the relevant provisions of the Customs Act, 1969 which must be disposed of in accordance with law and a direction may be given to that effect. 8. On the other hand, Mr. Abdur Rahman Howlader, learned Assistant Attorney-General appearing of the respondents sub......on, Sylhet (Annexure-B) alleging, inter alia, that on that day at about 12-00 hours the Customs Officials on duty, on tip off, searched the body of the petitioner after his arrival from abroad and recovered 19 gold bars each weighing 10 tolas in hiding from within a belt alike bag, specially made fo......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....ect decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as under: 3. On 12-8-1998 at about 11-00 PM Makhon Chandra Das, 40 years of age, husband of the informant Dipti Rani Das went out of home for guarding h......n their absence and a State Defence Lawyer was appointed to defend them. All the accused including the appellants were charged with murder under sections 302/34 of the Penal Code. The charge was read over and explained to the accused appellants to which they pleaded not guilty and claimed to be trie......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ceeding would be a sheer abuse of the process of Court which must be prevented by quashing the proceeding of the case. Thus, he submits that the Rule is liable to be made absolute. 5. On the other hand, Mr. AKM Foez, learned Advocate appearing for the opposite party No.2 submits that whether or n......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e statutory period and, as such, petition under section 561A of the Code of Criminal Procedure is liable to be quashed. 7. The learned Advocate for the opposite party No.2 complainant on the other hand submits that the chief Metropolitan Magistrate took cognizance of the offence on the basis of c......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....darkhali Samabaya Krishi and Upanibesh Samity did not the sum of Taka 45,600.00 in the account of the samity. But arbitrarily and illegally cancelled the lease of the petitioner. Thereafter in a high handed manner entrusted the shrimp cultivation project in the custody of one Nurul Islam for its man......r is a member, Badarkhali Co-operative. Agricultural and Rehabilitation Samity Limited, Cox’s Bazar and that the respondent Nos. 1, 2 and 9 are the public functionaries under the Ministry of Local Government, Rural Development and Co-operative, Rural Development and Co-operative Division the respo...... the samity. But arbitrarily and illegally cancelled the lease of the petitioner. Thereafter in a high handed manner entrusted the shrimp cultivation project in the custody of one Nurul Islam for its management, administration and control and the said Nazrul Islam through his men have been catching ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....efore the tribunal. Therefore, he concludes that the election petition filed by the petitioner must be disposed of before the election is held. 20. Mr. M Nurullah the learned Counsel, on the other hand, while differing with the concept that no legal or constitutional vacancy has occurred, venture......ction Tribunal, Barisal by the respondent No.1, the Bangladesh Election Commission, and it was registered as Election Case No.5 of 1996. Subsequently when an election tribunal was constituted by the Government for Barisal District, it was transferred to the Barisal Divisional Election Tribunal where......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....oard of Directors, Agrani Bank and others, 45 DLR 375; High Commissioner for India Vs. IM Lall, 1948 AIR PC 121 = 52 CWN 761 (PC); Yusuf Ali Khan Vs. Province of Panjab, PLD (1949) (Lah) 219; Ramesh Chandra Das Vs. Province of Bengal, 57 CWN 767; Habib Khan Vs. Federation of Pakistan, PLD 1954 Sind ......learned Advocate also submitted that the decree as passed being unenforceable is a nullity. 4. Mr. Nurullah in elaborating his submissions on the dismissal order referred to the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 which is also applicable for the Corporation ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268....... Court Division (Testamentary and Intestate Jurisdiction) Present: Anwarul Hoque Chowdhury J Syed Wali Mohammad Salehuddin, Administrator General, Official Trustee and Official Receiver, Government of Bangladesh ............Petitioner. Judgment January 4, 1990. Result: The ...... affidavits that the assets of the trust has at present become a property of waste and perishable nature and within a short time the existence of the trust will be extinguished and as such for better management and administration of the trust estate and to save the same from ultimate ruin, the petit..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....rinciples of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and shar......the Registrar, Joint Stock Companies alleging some mismanagement’s of Nahar Shipping Lines Ltd. Annexure "J" is also another letter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annexu......ehalf in the company. Their father, Ashraf Ahmed, in fact, was representing the interest of the petitioner Nos.1 and 2 till his death. Even before the death of Md. Ashraf Ahmed he was ousted from the management and affairs of the company by the respondent No.2. This was done to perpetuate fraud and ..Category: Company Law | Date: | Hits: 233