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United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....loor of Holding No.74 Motijheel Commercial Area, Dhaka since 1961. Like the plaintiffs predecessor-in-interest the plaintiff was accepted as monthly tenant in respect of ground floor of the aforesaid holding. While the plaintiff had been running his business in the aforesaid holding, this Holding No......business in the aforesaid holding, this Holding No.74 Motijheel Commercial Area, Dhaka was declared as an Abandoned Property under President’s Order No.16 of 1972 and accordingly, it vested in the Government of the People’s Republic of Bangladesh namely, defendant No.1. The defendant No.1 also r..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....ot lawful the Exhibit-B remained unproved. Therefore, the liability of the defendant No.1 to discharge his onus was not fulfilled and as he could not discharge his liability this court finds that the holding of the Appellate Court in this respect cannot be sustained. 29. Both the learned appella......angonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his mother defendant No.2 Mst. Samala Bibi, defendant No.3 Government of Bangladesh and defendant No.4 Assistant Commissioner (Land) Rupgonj, Narayangonj. The s..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....ed 26.9.1992 with Nasirnagar police station, following which a Sub-Inspector of police visited the place of occurrence, made an inquest of the dead body and sent it to Brahmanbaria Sadar Hospital for holding post mortem. Subsequently the said Syed Mahbub Hossain came to learn that the appellant alon......ain the cause of her death, he will be held liable for the death. [reliance placed on 60 DLR 261, 5 BLC 492, 2 BLC (AD) 126, 5 MLR (AD) 362]. In the present case, the appellant is mysteriously silent over the cause of the death of his wife. From the depositions of the witnesses and the appellant’s..Category: Criminal Law | Date: | Hits: 58
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....rted the judgment of the High Court Division. We have heard the learned Counsel at length. Mr. Rafique-ul-Huq, the learned Counsel contended that the High Court Division had committed error of law in holding that the petitioners had filed an application on 8th October, 2009 for issuance of NOC for b......el Hossain J Surendra Kumar Sinha J Jamuna Television Ltd. and another…………………………..Petitioners Vs. Bangladesh repreÂsented by its Secretary, Ministry of Information, Government of Bangladesh Secretariat, Segunbagicha, Dhaka and others........Respondents Order O..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
.....Ws. 5, 6, 7 and 12 are employees of neighbour Dr. Kamal Hossain who are not eye-witnesses to the occurrence. Moreover, P.W.6 was declared hostile. P.Ws. 8, 9, 10, 13, 14 and 17 are formal witnesses, holding post mortem examination and holding chemical examination of some materials. 5. P.Ws. 11 a......arry’s Employees Union Vs. Parry & Co., AIR 1966 Cal 31. Lawyers Involved: Syed Abu Kawsar, Assistant Attorney General - For the State-Appellant. Not represented- the Respondent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section ..Category: Criminal Law | Date: | Hits: 60
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
....up the proceeding under the above section and attached the property and appointed the officer-in-charge himself as receiver. It appears that another second party Humayun Kabir was in possession of holding Nos. 59 and 59/1 Purana Paltan though the proceeding was started in respect of holding No.58......olding No.58/1 of Purana Paltan, officer-in-charge and receiver on the basis of the order of the learned Magistrate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the second party Monowara Islam. Subsequently, when this fact was bro..Category: Criminal Law | Date: | Hits: 47
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....e party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to the holding; that having been aware of the transfer the petitioner procured a certified copy of the kaba......permanent lease for 99 years reserving for herself annual rent of Taka 1/-; and that Ayesha Khatun paid rent of Taka 1.00 to the lessor Rangubala till the rent receiving interest was acquired by the Government. The learned Subordinate Judge allowed pre-emption against the appellant and the appeal wa..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....the facts of title and possession of the other part of the suit plot in order to make the suit land specified. Such a finding is so curious and unheard of that no reasonable tribunal can come to such holding and therefore, such a finding is liable to be interfered with by this court. It appears that......¦â€¦.Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government of Bangladesh 42 DLR, 434; Fazlul Karim Mohammad and others Vs. Lutfunnessa Begum 50 DLR (..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....ons Judge, 4th Court, Dhaka who heard the said revision by judgment and order dated 30-9-92 rejected the said revision and maintained the order of the learned Additional Chief Metropolitan Magistrate holding that the learned Magistrate has committed no illegality in reviving the case. 6. Mr. MA W......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....ing anxiety went on sleep; at about 1.30 a.m. at night accused Abed, Ashraf and Tajimuddin called him through window and asked him to come out, on the torch light he found to recognize them they were holding stick on their hand and accordingly on fair he declined to go out to his house. On quarry ab......ns Judge, Ist Court, Naogaon for trial and registered as Sessions Case No. 9 of 1999 wherein charge was so framed against the accused persons under section 302/201/34 of the Penal Code which was read over to the accused persons wherein they pleaded not guilty and claimed to be tried. 6. The defen..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....rea of 101.026 deciÂmals of land in C.S. Plot No.164 correÂsponding to S.A. Plot No.270 and they accordingly mutated their names in the Government Sheresta and paid rents up to 1414 B.S. and opened holding in the Dhaka City Corporation and they have been in possession of the same by making pucca s....... Mohiuddin Mollah and others .............Petitioners (In Civil Petition No. 1360 of 2009) Golam Mouwla and others………………….Petitioners (In Civil Petition No. 1377 of 2009) Vs. Government of Bangladesh and others ………………..Respondents (In both the cases) Judgment ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
.... of Civil Procedure and they also filed a written statement supporting the case of the plaintiff. The appeal on transfer was heard and disposed of by the learned Additional District Judge, 6th Court, holding amongst other, that for violation of the terms of the lease deed the agreement for sale, i.e...... of attorney was not produced before the Court and accordingly the Court did not believe the genuineness of the agreement for sale and also the power of attorney and that the suit property being the Government allotted property and the terms of the lease deed having not been complied with the sale a..Category: Property Law | Date: | Hits: 61
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....ession of his purchased land, the learned Magistrate had no reasons to frame charge against the accused persons. Mr. Rahim has also pointed out that the learned Sessions Judge also was not correct in holding that the Court had wide powers to frame charge and, as such, the order of framing charge sho...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....he pay-scale of Tk. 450-1215/- P.M. which was subsequently raised to Tk. 1850-2300/- P.M. The petitioner filed an application for one of these posts as a departmental candidate as he was at that time holding the post of Assistant Research Officer, and got experience for 15 years in the Government Se......zle Munim J Ruhul Islam J Shahabuddin Ahmed J Badal Kanti Mitra………………………………………….Petitioner Vs. The Secretary, Ministry of Fisheries and Live Stock, the Government of Bangladesh and others…………………………………………………………..Category: Employment/Service Law | Date: | Hits: 126
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....alue on the basis of the S.R.Os. dated 02.02.1993 and 28.10.1993 respectively which are not applicable to the petitioners. 4. The learned Judges of the High Court Division discharged all the Rules holding that the importer-petitioners are liable to be assessed with customs duties and VAT on the b......ties the High Court Division held as under:- "In the instant cases we find that there is guideline and basis for fixation of the tariff value for the import in questions in the absence of any rule over and above, the petitioners knowing about the tariff value have opened the letters of credit for..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....pon, moved the High Court Division in Civil Revision No. 1118 of 2004. A Single Bench of the High Court Division by impugned judgment reversed the judgments of the Courts below and dismissed the suit holding that- "In the instant case although adverse possession is not pleaded by the defendants ......- is to be depositÂed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....en living thereon by erecting a dwelling house and paying rent to the government; that thereafter, since the land is situated within Bajitpur Municipality, the defendant No.1, Ayesha Khatun, opened a holding in her name and paid the municipal taxes and present record was also prepared in her name. I....... 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removin..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....d Kohinur Khatoon was performed by Dr M Shamsul Hussan (PW 5). He found one bruise in the right side of the neck including angle of the momdible. 5. Opinion was kept reserved for viscera report on holding chemical analysis. Result of chemical examination revealed that no poison was found. Doctor ......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....en in his petition of Jail Appeal sent to this Court. So, from the testimony of the eye-witnesses corroborated by other evidence on record and the confessional statement of Mamun, we have no doubt in holding that the prosecution has been able to prove beyond all reasonable doubt the fact of causing ...... the hospital and he identified the said unknown person. Upon interrogation the unknown person disclosed his name to be Mamun of Matihar, Rajshahi Metropolitan Area. Police conducted a search, and recovered from his person 25 pieces of leaflet containing the words “মানব রচিত আই..Category: Criminal Law | Date: | Hits: 224