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SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....y Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating to a house at holding No. 8/2 of Block ‘A’, Aurangzeb Road, Mohammadpur Housing Estate, Dacca. 2. In a proc......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...Category: Property Law | Date: | Hits: 65
....ion shall have effect over all the property and estate, moveable or immovable, of deceased, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their ......nder section 3 of the Trust Act by the Competent Principal Civil Court of the Original Jurisdiction and so long as this appointment was not made the Administrator General and Official Trustee of the Government of Bangladesh should act as the Official Trustee". On 13.7.87 one Mr. Syed Muhammad Salehu..
Category: Trust/Waqf Law | Date: | Hits: 183
....re as follows:
"(iv) Whether the Tribunal was justified in refusing to allow the applicant to raise the question of disallowance of the super tax rebate entitlement under the Finance Act 1973‑74 holding that the question was a question of fact and the same having been determined by the Deputy C...... the Tribunal in deciding the question of depreciation under section 10(2)(vi) was justified, in the facts and circumstances of the case, in ignoring the fact, the property in question vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a success..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....al application is the certified copy of the application filed by the defendant No. 4 for his transposition. The learned Joint District Judge by the order dated 30.6.2008 rejected the said application holding- “It appears from the record that defendant No.4 is already impleaded as party. Therefo......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....ow are based on misreading and non consideration of the material evidence on record and as such, the same are liable to be set-aside. He next submits that both the Courts below committed wrong in not holding that the case was bad for defect of parties inasmuch as admittedly during pendency of the pr......f them became co-sharer to the case jote by inheritance, both of them possessed thereon and as such, it cannot be said that the pre-emptor-opposite party was totally unaware about the impugned kabala over a period of 1(one) year and 6 months. The learned Advocate finally submits that the proposition..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....jection against the affidavit. On 23.02.1997, the petitioner filed an appeal to respondent No.7 and the matter was delayed in the Established and Audit Department. Respondent No.4 rejected the appeal holding that the date of birth of the petitioner was 08.04.1947 and the same should be recorded inst...... Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011...Category: Administrative Law | Date: | Hits: 196
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....89 filed an application under Order 26, rule 9 of the Code of Civil Procedure for appointment of a survey knowing Advocate Commissioner to determine and to ascertain the suit property and whether the holding No.72 Hrishikesh Das Road is situated on CS plot No.101 or in CS Plot No.102 and to ascertai......rts of orders which discloses no basis or reasoning and is therefore, to be avoided but to no result. However, in considering the facts and circumstances and when the question of identity of the land over which the boundary wall is sought to be erected to be situated in CS Plot No.102 or in CS Plot ..Category: Property Law | Date: | Hits: 71
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....the assessee. The on such finding and from perusal of the records found that notices for hearing “of both the years’ appeals that is 77‑78 and 78‑79 were not properly served………..” and holding that assessment for 2 years were not maintainable in the eye of law annulled the assessments......bunal by the judgment under appeal for the assessment year 1977‑78 disposed of the appeal relating to the assessment year 1978‑79 observing that the orders made in ITA No.4448 of 1982‑83 shall govern the appeal in ITA No.4449 of 1982‑83. 4. As both the appeals were disposed of by one judg..Category: Fiscal/Taxation Law | Date: | Hits: 98
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
.... and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 1958 and therefore, erred in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. He further su......his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from the said land whereupon, Md. Putan filed Title Suit No.142 of 1906 against said Fazal Kabir Khan for recovery of khas possession in the said 14 drones of land out of the suit land on declaration of his ti..Category: Property Law | Date: | Hits: 116
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....o had no nationality. It was held that he cannot be asked to leave the country. On appeal by the Government, their Lordships of the Appellate Division held that High Court Division was not correct in holding that Abdul Hoque was a Stateless person. Their Lordships noticed the factual position of the...... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Re..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....o perform an act which he is directed to do but when he does an act which he is prohibited from doing. There is as much disobedience in one case as in the other………” Thus there is no doubt for holding that the provision of sub‑rule (1) of rule 32 of Order XXI apply to prohibitory injunction......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... GD Entry, P.W.11 SI Khondker Zahidul Islam went to Dayur Tank at 11‑15 AM, recovered the beheaded dead body from the said tank, made inquest over the dead body and sent the same to Narayanganj for holding post‑mortem examination thorough P.W.5 Constable No.323 Siddiqur Rahman and Constable No.9......persons preferred Criminal Appeal No.1310 of 1990 and Criminal Revision No.1252(R) of 1992 for bail. 2. The reference, the Appeal and the Revision have been heard together and this judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 13..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....dge, 7th Court, Dhaka for disposal, who by the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) dismissed the appeal in disagreeing with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the baina patra on behalf of his minor daughte......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....lay of 7(seven) months, 14(fourteen) days. The Administrative Appellate Tribunal upon hearing the parties by the impugned order dated 8th November, 2009 dismissed the appeal on a ground of limitation holding that the petitioners failed to explain the delay by assigning proper reasons. 3. Sub-sect....... This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....igh Court Division acted beyond the jurisdiction in making the rule absolute directing the respondent No.1 to make a new Warrant of Precedence placing the District Judges, members of judicial service holding equivalent judicial posts of District Judges, Additional District Judges, Chief Judicial Mag......judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.1..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....e there was no reason to execute the sale deed after 8 years 7 months of the date of execution of the agreement on 27th March. 1984. 13. The High Court Division, in the premises, erred in law in holding that section 47 of the Registration Act is not applicable since the deeds were not at par. S......pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permanent injunction, alleging inter alia that the lands covered by the impugned deed belonged to Abdul Barek and Abdul Mannan (vendors) who proposed to sell ..Category: Procedural Law | Date: | Hits: 76
....f Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Government possessing the suit land.
12. Learned Judge by the impugned judgment dismissed the suit holding that the suit property as enemy property.
13. Mr. Delwar Hossain, learned Advocate, for t......f the plaint. It is their Case that the Hindu original owners of the suit property left this country on the eve of Pak-Bharat war of 1965, as such, schedule property has been recorded in the name of Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Govern..
Category: Property Law | Date: | Hits: 66
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....order of the learned Sessions Judge the accused‑petitioners moved this Court and obtained the present Rule. 7. Zakir Ahmed, the learned Advocate appearing for the petitioners, submits that after holding further inquiry on examination of 6 witnesses no prima facie case could be established again......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....nd thereby committed an offence punishable under section 108 (2) of the Companies Act and filed the above petition of complaint. 3. The learned magistrate after examining the complainant on SA and holding a judicial inquiry, took cognizance of an offence punishable under section 108(2) of the Com......y for delivery within three months from the date of allotment or transfer of the shares and if the shares are complete and made ready for delivery within three months the obligation of the company is over and it does not extend to the actual delivery of the same to the share‑holders. In support of..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....he case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested t......e cited case the transfer was saddled with agreement for reconveyance on condition that if the consideration money be paid back by purchaser to the seller within certain time, then purchaser would recover the land and that seller having repaid the consideration money within the stipulated time the p..Category: Property Law | Date: | Hits: 81
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