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Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lands, namely, Chengra Beel, Choto Chengra Beel, Goal Beel and Kasma Beel. The Government has been managing and controlling the suit land for last fortyfive years and leased out the same to different persons. As per provisions of sections 3 and 20 of the State Acquisition and Tenancy Act, all fisher...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......……...Petitioner Vs. Bangladesh and others ………………….....Opposite Parties Judgment March 6, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Tamizuddin, Advocate -For the petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....ter being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was registered as Session Case No.15 of 1988. Thereafter, the learned Sessions Judge framed charge against the accused persons including the appellant under sections 302/34 of the Penal Code by his order dated 30.5.1988......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....o the arbitrator. In the circumstances the plaintiff (Contractor) filed the suit under section 20 for filing the arbitration agreement in Court. Section 20 is quoted below: “S. 20. (1) Where any persons have entered into an arbitration agreement before the institution of any suit with respect t......agreement relates, that the agreement be filed in Court. (2) The application shall be in writ­ing and shall be numbered and register­ed as a miscellaneous case between one or more of the parties interested or claiming to be interested as applicant or applicants and remainder as opposite party o......lso Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....rom another tenure holder a right to hold land for the purpose of collecting rents or for bringing it under cultivation by establishing tenants on it, and including also the successors-in-interest of persons who have acquire such a right. The definition of raiyat as it was before the amendment of 19......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....e learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008, unanimously upheld the conviction of all three convicted persons under sections 302/34 of the Penal Code, but differed in their opinion as to whether the sen......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......ingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....aying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the Railway authority took back 31 decimals of land and leased the same to other persons leaving the petitioners in possession of .60 acre of agricultural land. According to the pet...... petitioners, there was no breach of the terms of the license nor was there any allegation that the nature and character of the land was changed either to commercial or residential use. Recently some interested persons wanting to obtain lease of the disputed land influenced the Divisional Estate Off......ccordingly, the petition is dismissed. Ed. This Case is also Reported in: ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....cused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397 of the Penal Code. The learned Assistant Sessions Judge found six accused persons including the appellant guilty of the charges and sentenced them to undergo rigorous impriso......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......e appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

....e top of the head of the victim which emerged the brain from cranial cavity. Thereafter, the petitioner inflicted chapati blow on the right side of the head just above the right ear and other accused persons also caused injuries with lethal weapons on the person of the victim. The victim was shifted...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

.... Special Judge in the operating part of the judgment to the effect that in place of “Tk.71,000/- each” the words and figure “Tk.72431.00 each” be substituted. The accused-respondents are aged persons and in consideration of the amount of misappropriation, we are inclined to reduce their peri......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......e already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....ion 53 of the (State Acquisition and Tenancy Act) (in short the Act) is appointed under sub­section (4) of section 48 of the Act which runs as follows: "(4) The Government may appoint one or more persons who has or have exercised the power of a District Judge or a Subordinate Judge to be a Speci...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......e) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ion for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons) had been receiving various telephone calls. Sometimes thereafter Captain Moslem Uddin along with 4 other armed personnel had arrived at the Jail gate but they did not disclose their names to the persons attending the Jail gate. The informant Kazi Abdul Awal ordered them to put their respective ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

....le. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away hi...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....to income tax there will be an addi­tional duty of income tax called "super tax". Previously the super tax was also chargeable on the income of an individual, an unregistered firm, an association of persons and a Hindu undivided family. Both the income tax and super tax were distinct and separate. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....pellants that the power of taxation in its nature is such that no private person can be allowed to collect and appro­priate whole or any part of the tax and the act of any authority allowing private persons to collect and appropriate tax will be violative of the Ordinance and Article 83 of the Cons......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......cts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....e proprietor of the same and deposited Taka 25,000.00. On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a criminal case was also started on 11-6-89 against the pe......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......ve been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....at the defendant entered into an agreement for the sale of the suit land to the plaintiff at a consideration of Taka 55,000.00 but nothing has been stated in the alleged bainapatra as to who were the persons allegedly present at the time of finalisation of talk. It has never been alleged that any of......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......own the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....s had been committed by the accused some time in June, 1984. 4. 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 ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....fendant No.1. The lower appellate Court also held that the defendant No.1 and his wife transferred some land to strangers and they possessed the same since purchase. These purchasers are compromising persons as argued by Dr. Rahman, the learned Advocate for the petitioner and they have been accommod......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ...... (HCD) (1998) 156. ......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and 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: 50 DLR (HCD) (1998) 151....... pursuance of Annexure-B with retrospective effects. The said two Annexures-B and C are malafide, discriminatory, illegal and without any lawful authority. They have been issued at the behest of some interested quarters who are out to destroy the business of the petitioner. The impugned orders refer......ffect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......en made without lawful authority and 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: 50 DLR (HCD) (1998) 151...

Category: Criminal Law | Date: | Hits: 87