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....hury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is allowed.
Cases Referred to-
Md. Jabed Ali Vs. Pukhal Chandra Mondal, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; Mofizuddin Patwary, 33 DLR (AD) 3......the record. So mere noting in the record that notices were duly served is not sufficient to show that notices were duly served and it is not known at whose instance or under what circumstances it was noted, in short, it may be said that such noting of due service of notices was made without any basi..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....ference to the submission of the learned Attorney-General. After lunch break at 2 O'clock when the Court was about to dictate the order granting Rule Nisi, the Attorney-General, Mr. AJ Mohammad Ali handed over to the Hon'ble Court a file without giving any copy of it to the learned Advocates of ......ring urgent stay matters. When the hearing of the writ petition was stopped, there was a total pandemonium in the packed Court room full of lawyers resulting in total chaos and confusion. It may be noted that the petitioner Nos. 1, 2, 3 and 9 were leading the case for the writ petitioners. Followi..Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and duty were not made and recovered by the petitioner-company, question of payment to the respondent does not arise. The petitioner is to collect the rate and duty from the innumerable buyers in one hand and is to pay to the customs by other hand. It there no collection, there shall be no payment. ......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....rest of society.”
In Southern Rly Co. vs. Greene, 216 US 400 Day-J observed:
“Equal protection of the laws means subjection to equal laws, applying like to all in the same situation.”
Chandrachud-J in Indira Gandhi Vs. Raj Narayan, AIR 1975, SC 2279 described his idea of equality as:
....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... the granting of Letters of Administration to plaintiff-respondent. 3. The application for probate was contested by the testator's brother's sons, Dhirendra Lal Das, Binode Behari Das and Subal Chandra Das. According to them, the will was forged and fabricated which the testator neither execute......, 1328 B.S. corresponding to 19.11.1921 was produced, proved and marked as Ext. 1. The signature of P.W.4, Saroda Charan Chakraborty, who was the attesting witness was proved and marked Ext. 1 (a). A note-book of Ramesh Chandra Chakraborty, scribe of the Will was proved by his son, P.W.2, Jatindra M..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....im by way of set‑off against the plaintiff, which is admittedly a financial institution, as it can be done in the civil Court of general jurisdiction under the Code of Civil Procedure. On the other hand, Mr. Mainul Hosein argued that making a counter‑claim before the Artha Rin Adalat, be it asce......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....slative function is also illegal and void as it constitutes excessive and impermissible legislative derogation of power. 9. Mr. AK Mujibur Rahman, the learned Deputy Attorney General, on the other hand, argued that the impugned SROs having been provided the clear guide‑lines and suited in clear......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....frain 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 Deputy Attorney-General to knock down the bottom of his decision. Thus, judging from......h involves a breach by counsel of his duty to his client necessarily in this category. Their Lordships while emphasising the necessity of the Court possessing power to punish for contempt sounded a note of caution that this power must be exercised very sparingly and only in the case of extreme n..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. ......intiff Pearjan has given a genealogy, which was not challenged in cross-examination, and that fact found corroboration from the recording of the khatian Ext.3. The first appellate Court, did not take note of the fact, that he was not cross examined on the authenticity of the genealogy. The learned..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....nt is concerned, do not constitute any criminal offence and as such continuation of the proceedings is a mere abuse of the Court. Mr. B. Hossain, learned Assistant Attorney-General, has, on the other hand, contended that when the amount was disbursed to the appellant by the Bank Manager, principal a......the Janata Bank, Karikhara Branch, Sharupkati, District Barisal. 3. In view of our proposed order it will not be adviseable to comment on the factual aspects of the case. It would be sufficient to note the broad facts which are: The petitioner is a businessman and Proprietor of Sandha Bani Cinema..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... demised premises of the Shooting Federation shall be used for the purpose of shooting range only, not for business or any other purpose and as such the respondents are required to be restrained form handing over the demised property to the respondent no.6 and not to enter into any other agreement w......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....inda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......protection and whether on the particular facts of the case, it is lawful to frustrate the expectation, it remains beyond qualm that the expectation must be objective, rather than subjective, which connotes that the expectation shall not be legitimate, if no reasonable person will consider the repres..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....o evidence. The appellant in the meantime has suffered more than six years for no fault and as such he should be released at once on setting aside the impugned judgment and order. 14. On the other hand, Mr. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the State, submits...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....Vs. 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, ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....so he cannot use any information or material of his own source without first furnishing contents thereof and second, an opportunity to the assessee to meet or controvert them. 17. In the case at hand, after receipt of the report of the inspector on 20-7-96 the Deputy Commissioner of Taxes did t......or to the assessee and also for giving any opportunity to the assessee applicant to controvert the same." 20. In the case of Hotel Samrat cited above this Division held that— "It further be noted that admittedly in the instant case the Extra Assistant Commissioner of Taxes and the Appellat..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangladesh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (AD) 313; Nurjahan Begum Vs. Nur Rahman, 59 DLR 98; 7 DLR 94; Erfan Ali Vs. Joyn......h facts and law committed error of law in passing the impugned judgment discarding the Rule of evidence. The evidence of D.Ws. 2, 3 and 4 were also misread by the Courts below and further failed to note that the plaintiff filed the suit for declaration of title and confirmation and possession over..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ahman Vs. State, 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council 82; Syed Mustafizur Rahman Vs. State, 53 DLR......he case and want of valid sanction preclude the learned Special Judge from taking cognizance. Mr. Sheikh Fazle Noor Taposh, the learned Counsel further submits, that it will not be out of record to note that the lodging of the FIR after more than 10 years of the alleged occurrence is malafide. The..Category: Criminal Law | Date: | Hits: 156
....n and women, eating areas, orphanage etc. for the visiting devotees can also be established on the acquired land, without erecting any extension to the original Mosque.
34. In that way, on the one hand the relic of the history represented through the Mohasthan garh shall remain undisturbed, and o......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....low him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more particularly described in schedule-2 of the im......rticle 102 of the Constitution, obtained the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the present writ petition. It appears from office note dated 6.2.2011 that the notice was legally served upon him, but he did not appear to contest th..Category: Civil Law | Date: | Hits: 129
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