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....appears to us that though it is not law by itself, it has got some binding force in between the parties. As for example, if the fees of the Government Pleader are not paid, the Government Pleader can claim the same in pursuance of these provisions which are laid down in the LR Manual. But, in fact, ...... as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on 1-7-1991. Thereafter he was appointed as Government Pleader for Dhaka District......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... Members of President Shaikh Mujibur Rahman, and put him in the office of the President of Bangladesh. Khondaker Moshtaque Ahmed assumed the power of the Government as President on 15‑8‑75 and proclaimed Martial Law on 20th August, 1975, with effect from 15th August, 1975, throughout the country......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ামলা দায়েরের ক্ষেত্রে”as used in section 32 (1) of the Durnity Daman Commission Ain, 2004 raise some confusion. Obviously it does not mean lodgment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman ......er on 29-8-2005. 4. Mr. Fazle Rabbi, the learned Advocate appearing on behalf of the accused-petitioners, sub-mils that there is no specific allegations against the accused-petitioners in terms of money, for defalcation of which, they are responsible. It is submitted that there was a preliminar..Category: Criminal Law | Date: | Hits: 101
....e present petitioner and Pubali Bank Limited praying for a decree for recovery of Taka 6,36,00,583,86 from the defendant-petitioner along with other reliefs. This suit was filed on 25‑4‑1990. The claim of the plaintiff is based on 22 bank guarantees furnished by the petitioner Bank in favour of ......Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....se lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the suit land and, as such, the plaintiff filed the instant suit. 3. The defenda...... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Oppos......failed to prove motive of purchase of the suit land in the benami of the defendant. He further submits that the plaintiff and the defendant are full brothers and they purchased the suit land from the money given by their mother, father and from their own funds. That is, the elements of banami transa..Category: Property Law | Date: | Hits: 103
....of 1987 and, as such, the plaint is liable to be rejected. It was further stated in their application that there was no election on 29‑11‑1997 in the eye of law and, as such, the plaintiff cannot claim to be an elected Secretary of the society. The previous election of the society was held on 12......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
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Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......onal District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposi......f land recorded in plots No.757, 793 and 804 of section No.731 of mouja Harinafulia, PS Kotwali, District Barisal and Nazar Ali sold the same to plaintiff. The plaintiff paid the entire consideration money to Nazar Ali in the 1st part of May, 1960. As the plaintiff was in service he had no leave to ..Category: Property Law | Date: | Hits: 114
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....dur Rashid from his house. 18. In this case the prosecution has failed to examine certain vital witnesses like Abdul Mazid and his wife, who were neighbours of the informant and whom the informant claims to have informed in the morning of 16-11-90 about the calling away of her husband from his ho......icting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for th......ur. At 10‑00 PM of the same night appellant Amir Hossain Dhali along with accused Abdul Mannan Bayati and Ayub Ali Sarker came to the house of deceased Abdur Rashid and asked him if he had received money from accused Shamsul Haque Sarder in respect of the tank which is adjacent to the house of the..Category: Criminal Law | Date: | Hits: 85
....
15. Learned Arbitrator failed to notice that the recital in the said sale deed he considered was an unusual recital and it indicated that the sale deeds were created collusively and fraudulently to claim compensation at inflated rates. Applicant in Arbitration case No.820 of 1990 is Gazi Abdur Ras......l Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance......e Act. These are number one, under section 28 only a person can make an application to the Arbitrator who has not accepted the award, but in the instant cases applicants had accepted the compensation money. Number two, under section 29(d) the Arbitrator is to cause a notice served upon the requiring..
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
.... উক্ত ইনভেন্ট্রি তালিকা ভুক্ত ৬টি ৫০০/- টাকার নোট উদ্ধার করি।” 47. Here it shows that he did not claim that he saw the payment and acceptance of marks notes by accused-appellant Nurul Islam as well......ssed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rigorous......Taka 10,000 as bribe for making record right in his favour of the land of Plot No.1602 under the Mouza Colva of Uzirpur Thana and accordingly on 2-7-2008 said Abul Kalam Azad paid Taka 5,000 as bribe money to Md. Nurul Islam and thereafter on his request he (appellant Nurul Islam) agreed to take Tak..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....any, especially when the tender notice gave a warning that the respondent No.7 reserved the right to accept or reject a tender without any reason. The writ petitioner being personally involved cannot claim public interest. Dr. M Zahir further submitted that the Board of Directors did not act either ...... Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....the goods pending the conclusion of the inquiry or trial to the petitioner. Thereafter, the concerned Magistrate sought report from the respondent No. 2 who sent his report on 17-2-2007 denying the claim of the petitioner. Thereafter the learned Magistrate dismissed the said MR Case No.13 of 2007 ......1635 dated 27-1-2005. He has Tax Identification Number (TIN) Number being 917-105-2188/ 2006-07/680 dated 1-2-2007. 3. During the State of Emergency of 11-1-2007 on 24-1-2007 in the name of Task-force the respondent No.4 arbitrary seized a series of goods from the Bagachara Bazar and also fro......ods and deposited the same to the Customs Godown, Satkhira and the Customs Authority, after observing all the procedure of law sold out the said goods by auction dated 25-6-2007 and auction purchased money of Taka 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the cla..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte......to execution and the auction of the mortgaged property held at the instance of the decree-holder bank, the auction sale was confirmed by the Court and the decree-holder bank already withdrawn the bid money resulting in the completion of the execution proceedings." 18. The above decision is dist..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ge under section 379 was framed against absent and absconding accused Atiqul Islam. When the charges as above were read out and explained only Rasmat being present in the Court pleaded not guilty and claimed to be tried. Subsequently Rasmat also remained absent and absconding and accordingly, appoin......t of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokbul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecutio......ants encircled them and stopped them on the road. Informant Saidul Islam recognised with the light of his torch Rasmat @ Bhola of village Narayanpur and Mokbul Hossain and Atikul Islam. They demanded money but on refusal Rasmat Ali gave dao blow on hand of Saidul and Mokbul Hossain also hit on the h..Category: Criminal Law | Date: | Hits: 103
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......ng in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/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 the Rule may be briefly stated as follows: The complainant-opposit......ion 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....submits that the law does not permit the VAT authority to take any action on the instruction of the Local Audit Agency who is not an authority under section 20 of the VAT Act and any demand should be claimed by following the provision of section 55 of the VAT Act, as such, the impugned action of the......o make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase Register and the Declaration on the production-raw material consumption and other documents for the year 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka and found th......laid down under section 55 of the VAT Act issued the demand notice is not sustainable in law. The respondent VAT Authority issued several notices upon the petitioner directing to deposit the demanded money which was revealed by the Local Audit Agency during their audit. The law does not provide that..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....petitioners had filed the aforesaid ease before the Court of Settlement and withdrew their title suit. The petitioners filed all the connected papers before the Court of Settlement and asserted their claim by stating the facts as stated above. 3. The respondent‑Government did not file any wr...... 519/87(Ka‑49 Mohammadpur Block ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of India and came to East Pakistan in the last part of 1947 and has bee......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
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....ecree, the defendant‑petitioner preferred this Revisional application before this Court. 3. Mr. Faruque Ahmed, the learned Advocate appearing for the petitioner, submits that since the defendant claimed right and title over the suit premises, the present SCC suit is not maintainable. The learne......o show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause Court (SCC) Suit No. 12 of 1977, decreeing the suit for ejectment should not be set aside. 2. The plaintiffs instituted the suit for ejectment of the...... 4 it is clearly proved that the defendant was inducted there as tenant and there was dispute between the parties with regard to payment of rent. 5. Further, two certified copies of the decrees of money suits have been filed. From the aforesaid decrees it appears that the plaintiffs filed money s..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....ack the property. He at first made his representation on 1.2.1979 and thereafter on 25.10.1983 for release of the property, but the then Govt. directed him to submit relevant papers in support of his claim. The petitioner on 25.8.1984 submitted all his relevant papers and documents in response to me......1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domicile from the Dist. Magistrate on 30.11.1954. He also expressed his formal allegiance to the Govt. of Bangladesh by swearing an affidavit before a Magistrate, 1st Class......14.2.1962 and 27.2.1962 respectively between the then Govt. of East Pakistan and the petitioner. Thereafter, the possession was duly delivered in favour of the petitioner and the entire consideration money of the parcel of the demised land and other taxes were duly paid by the petitioner. The Govt. ..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....name of previous owner Jalaluddin and the RS Parcha, thereafter, had prepared in the name of the plaintiff. The price of the suit land has gone up and the defendant No.1 for his illegal gain advanced claim in the suit land on 15-10-1995 disclosing that there is a deed in his favour and showed Photos...... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date......I of the Code of Civil Procedure praying for rejection of the plaint on the ground, inter alia, that the suit land had been acquired in LA Case No. 138/1961-62 and the plaintiff received compensation money and also got a plot as an affected person at Baridhara, and as such, the suit was barred under..Category: Procedural Law | Date: | Hits: 108
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