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Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......ion did not take into consideration the Rule No.29 clause 'd' of the "Deed of Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund" and thus has committed this serious error in holding that the parents of the deceased are not entitled to get any share of the provident fund and..Category: Civil Law | Date: | Hits: 154
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......onist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure w..Category: Property Law | Date: | Hits: 151
....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.
......r on the facts and in the circumstances of the case, the Tribunal was legally justified in deleting the unpaid trading liability of Taka 25,68,022.00 under a section 10(2A)(iii) of the Income Tax Act holding that there was no cessation of business between the assessee and the parties in view of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......reasonably attributable in that part of the operations carried out in taxable territories. 16. Sub‑section 3 of section 42 has been very specifically mentioned by the Taxes Appellate Tribunal in holding that in the instant case taxes are to be levied or assessed under sub‑section (3) of secti..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......thers K. Hossain and D. C. Bhattacharya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S...Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....fs is without any foundation and MainÂuddin and his heirs, during the old age of Mainuddin, and after his death, during the minority of Defendants No.2 and 3, had all along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordi...... of Defendants No.2 and 3, had all along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that t..Category: Property Law | Date: | Hits: 97
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....) was not binding upon the High Court as it was based partly on non-consideration of some evidence and partly on misreading of certain other evidence in respect of payment of the consideration of the disputed Kabalas. We do not think that there is any substance in this contention of the learned Coun......ted upon and that petitioner No.3 had acquired the interest of Hasan Banu. On appeal, the 2nd Court of Additional DiÂstrict Judge, Dacca, reversed the finding of the trial Court and decreed the suit holding that the Kabala executed by the heirs of HaÂsan Banu in favour of Abdur Rashid were genuine..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......es not bear scrutiny, when the provisions of different legislations relating to land, which had been operative in this part of the counÂtry, are brought under examination. A teÂnant of agricultural holding has had a specific designation, namely, 'raiyat’ in India since the days of the Muslim rul..
Category: Property Law | Date: | Hits: 114
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......sels of both the sides and having reference to the statute and decisions cited by the learned Counsels, the learned trial Court dismissed the suit by his impugned judgment and decree dated 24-7-1997, holding, inter alia, that the plaintiffs had no title in the suit land. 8. Being aggrieved by the..Category: Property Law | Date: | Hits: 71
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......mpromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an order dated 15-3-1997 rejecting the application for compromise decree holding that respondent No. 3 had not agreed to the compromise and that there was no signature of re..Category: Civil Law | Date: | Hits: 121
....ing a forum for settling their dispute outside the Court.
17. When an arbitration proceeding is conducted before an Arbitral Tribunal, there may very well be an Award by the majority. This is an undisputed position. At the same time, the arbitration proceeding must also conform to certain well es......he letter sent by the 3rd Arbitrator, Mr. Hossain submits that the 3rd Arbitrator was led to believe that the members of the Tribunal would meet at BILIA (the venue of the Arbitration proceeding) for holding deliberation before making the Award. However, when the 3rd Arbitrator went to BILIA at the ..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... competent Magistrate under secÂtion 155 (2) Cr.P.C. to investigate, the proceeding, or cognizance taken on the basis of the said police report, is illegal and without jurisdiction. 26. It is not disputed that in the instant case, an offence punishable under section 290 of the Penal Code in a no......39 of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Madaripur dated 25.6.86 disÂmissing the Criminal appeal No.33 of 1986 by upÂholding those passed by the learned Upazila MagisÂtrate, Kalkini in G.R. Case No.17 of 1985 convict..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......e surÂmises and conjectures rather than on actual evidence on record and the appellate Court below also sat over the judgment of the trial Court without applying his judicial mind independently in upholding the order of conviction and sentence which has occasioned a seriÂous miscarriage of justice..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... land in question. After making inquiry in the office, the writ-petitioner came to know that the land in question was allotted to Abu Bakar Siddique but as the writ-petitioner had no knowledge of the disputed allotment of Abu Bakar Siddique, he had no scope for challenging the allotment letter dated......ainable; moreover, the case bristles with disputed and complicated questions of fact, which cannot be decided in writ jurisdiction. He further submits that the High Court Division erred in law in not holding that the writ-petitioner Kazi Akram Uddin, having filed the application for addition of part..Category: Property Law | Date: | Hits: 79
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220........5 who received the same on 23-2-91 and fixed 9-3-91 for accused and issued warrant of arrest against the petitioner and others. On 9-3-91 the learned Special Tribunal fixed 2-4-91 for framing charge holding that the Gazette Notification and publication in paper had already been made against the acc..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ing report as alleged nor did he actually appear before the concerned authority to join his duties in the office as Secretary. His letter dated 31-3-94 addressed and sent to the contemner No.1 raised disputed questions of fixation of his seniority and also giving him higher position of General Manag......ideration thereof only after his joining his duty as Secretary according to the decree of the trial Court. The decree of the trial Court was for re-instating him to the post of Secretary which he was holding at the time of termination of his service under the corporation. The order No.10 of 1982 by ..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
....of contract but it as a matter of fact was not so and as such the Executing Court ought to have accepted the application filed by his client got to execute the decree by delivery of possession of the disputed land in execution of the decree. But the learned Advocate neither could place anything befo...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ..Category: Civil Law | Date: | Hits: 86
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife of the detenu. It is stated in the application that the detenu is a high ranking Government servant holding the post of Director General, Ministry of Foreign Affairs, Government of Bangladesh. The det..
Category: Criminal Law | Date: | Hits: 76
....on.
3. Opposite party No.1 as pre-emptee contested the case by filing written objection denying all the material averments of the pre-emption petition and contended, inter alia, that notice of the disputed transfer was duly served upon the petitioners’ father Abul Hossain, full brother of the v......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
.... fact a vested property failing which some evidence to the contrary adduced by the successors-in-interest of the original tenant or the transferees showing that they are in rightful possession of the disputed properties is sufficient to take the same out of the ambit of enemy property laws. Mere cla......n purported to have been mentioned therein.
5. Mr. SR Karmaker the learned Advocate appearing for the plaintiff-petitioners submits that the learned Court of appeal below seriously erred in law in holding that the suit property is a vested property without any basis at all. The learned Advocate f..
Category: Property Law | Date: | Hits: 111
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