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A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....pecuniary jurisdiction of the Court. In that case it has been held that since the suit was a mere declaratory suit, the value of the suit should be the value plaintiff opts for. 15. In the case in hand the question is whether the plaintiff is at liberty to put his own valuation in such a suit whe...... Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4.9.2002 is still in force. b) Pass a decree of permanent injun...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
.... issued.
8. It has already been observed that in spite of appearing with the name in the cause list no one appears on behalf of the petitioner and thereby advance any arguments.
9. On the other hand, Dr. Md. Bashir Ullah, the learned Assistant Attorney General appearing on behalf of the Govern......is Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
.... as alleged in the ejahar is exclusively triable under the Drug Act, 1940 and the Special Tribunal constituted under the Special Powers Act has got no jurisdiction to try the case. 5. On the other hand, Mr. Md. Monwar Hossain, learned Assistant Attorney General appearing for the State referred to......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
Md. Selim Vs. State, 2011, 40 CLC (HCD)
.... Ms. Nahid apprises us that during pendency of the appeal, the appellant has not been granted bail by this Court at any point of time, and meanwhile he has served out the sentence. 7. On the other hand, Ms. Salma Rahman, learned Assistant Attorney General appearing for the State submits that the ......d lodged an ejahar alleging, inter alia, that on the basis of a secret information, he along with his forces had raided the appellant’s house at 2.30 a.m on 15.2.1995, arrested him instantly and recovered some lethal weapons namely, one Ramda, one Seni, four Kiris, one Chinese Axe, two iron made P......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....hammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment November ......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....nd as such the impugned order is liable to be struck down. The learned Advocate in support of his submission has relied on the decisions reported in 51 DLR (AD) 221 and 8 BLD 241. 11. On the other hand, Mr. Md. Ziaul Hoque, the learned Advocate appearing for the plaintiff-opposite party No.1 supp......ioner, Arab Bangladesh Bank Ltd. as plaintiff filed Title Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numb...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....the predecessor-in-interest of the plaintiffs, Alef Sarder, sold .54 and .35 acres of land out of R. S. khatian Nos.311 and 315 by registered deeds of sale dated 07.06.1946 and 17.07.1943 to Umesh Chandra Saha and the said land was again purchased by Abdul Hamed Sarder alone by two registered de......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....ceedings before the Family Court shall be absolutely civil in nature and a decree passed by such Court shall be mated as a civil decree passed in a money suit or in any other class suit. On the other hand, under no stretch of imagination it can be said that section 488 CrPC empowers a Magistrate to ......e for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its provisions cannot override the provisions of a general law i.e. section 488 CrPC. His second contention is that the Fa...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
...... the assessee but took an entirely different plea not raised before the Appellate Joint Commissioner of Taxes and it is to the effect that the assessee is one of the nationalised units placed by the Government under the control and management of Bangladesh Food and Sugar Industries Corporation and i......ly different plea not raised before the Appellate Joint Commissioner of Taxes and it is to the effect that the assessee is one of the nationalised units placed by the Government under the control and management of Bangladesh Food and Sugar Industries Corporation and it has inherited huge pre‑liber..
Category: Fiscal/Taxation Law | Date: | Hits: 188
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaint......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....der as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......an elaborate discussion on the question of maintainability of the suit and held that the Election Tribunal was the only forum to decide the dispute relating to an election held under the Local Government Ordinance, 1976 and the Union Parishad (Election) Rules, 1976 and the Civil Court had no j...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
.... shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
...... of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lessee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice cal......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
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Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... and asked them as to why they were doing so. In that event appellant No.1 dealt him with a Chinese axe causing bloodily injury on his right jaw. He tried to resist the dacoits taking a shabol in his hand and could recognize one of them named Mokles. Their neighbor Yakub Ali Member made a blank fire......ketch map with index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. At the concluding stage of investigation, he was transferred from Naogaon and handed over the record to his successor Officer-in-charge Md. Ruhul Islam, who submitted the charge sheet. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....th University, which may be enforced and the Jagannath University authority has no legal duty for performance to that effect. 6. Mr. Rafique-ul-Huq, the learned Counsel instructed by Mr. Bivash Chandra Biswas, the learned Advocate-on-Record, appearing on behalf of the petitioners in Civil Petit........Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and others …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and others...................Respondents (In all the cases) Judgment ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....he same is liable to be set aside. 11. Mr. SM Shajahan Kabir, the learned Assistant Attorney General with Mr. Nusrat Alam Chisty, the learned Assistant Attorney General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, cor...... Nusrat Alam Chisty, the learned Assistant Attorney General for the State, on the other hand, submits that the prosecution has proved its case against the appellant by most consistent, corroborative, overwhelming and competent witnesses. He further submits that the learned Judge of the Tribunal was ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
.... this document, the defendant No. 1 appears to have signed in a different style. In Exhibit 3 series, the defendant No. 1 appears to have signed adopting both the styles, which appear to be of a same hand. Exhibit 3 (Ga) is another charge document signed by the defendant No. 1 while she was serving ......ive any loan, or filed any Criminal Case against anybody about the alleged serious type of offences, her contentions in this respect are not at all acceptable in this suit after such long period. Moreover, she appears to have conceded the fact that she gave some signatures on the Bank documents in t......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....e breach of trust resulting in the acts of misappropriation, etc. as stated in sections 405 takes place at a later stage which attracts action under section 406 of the Penal Code. 14. On the other hand, the offence of "cheating" is committed at the initial stage, because of operation of the decep......nizance of the alleged offences under both the said sections. But we do not find any allegations in the petition of complaint that can be considered as "entrustment with property or with any dominion over Property." According to section 405 of the Penal Code defining "criminal breach of trust" the e...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....s. Champat Singh, AIR 1970 SC 967; SL Kapoor Vs. Jagmohan, AIR 1981 SC 136; Klockner lndustries Vs. United Republic of Cameroon, (1986) XI Yearbook of Commercial Arbitration, 161; Nand Ram Vs. Fakir Chand, ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs. Environmental Engineers Ltd, ......ade a counter claim for Taka 161,75,29,583 along with interest @ 16% Per annum on the awarded sum.
3. The three-member Tribunal comprising of Mr. Justice MH Rahman, a former Head of the Caretaker Government and former Chief Justice of Bangladesh, Mr. M Amirul Islam, Senior Advocate, Supreme Court......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....6 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 355; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Bangladesh (State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD) 33 = 5 BLC (AD) 41; Muslem Ud......n case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. The deceas...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....ely Aroj Ali Sarder and Hazera Bibi were found embracing each other in the 'Ail’ of a jute field near the residence of the witnesses when they caught hold of them in the 'Ail' of the jute field and handed them over to the police at the Kalkini Police station. The police investigated into the matte...... Sarder and Hazera Bibi were found embracing each other in the 'Ail’ of a jute field near the residence of the witnesses when they caught hold of them in the 'Ail' of the jute field and handed them over to the police at the Kalkini Police station. The police investigated into the matter, visited t...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
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