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Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....itra Chat Road, Feringee Bazar, Chinagong of which the petitioner is the Managing Partner. On receipt of the entire consideration money, the seller MM Khan & Co (Pvt) Ltd handed over the physical possession of the two vessels to the petitioner. At present, the petitioner has been running the two......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......y after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... No.68 of 2003. 9. Admittedly the petitioner filed a suit challenging the aforesaid decree being Title Suit No.309 of 2004 wherein the ground pressed by the petitioner is the ground of adverse possession. Raising the question of adverse possession the petitioner in that suit challenged the le...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......or Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties. Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge, F...... relates to rejection of plaint, limitation etc., most illegally and in an unlawful manner passed the impugned Judgment and Order and thereby the revisional Court committed an error of an important question of law occasioning failure of justice. He submits that the revisional Court on misconceptio..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......istrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ccording to the provisions of sections 29, 30(e) and 37 of the Ordinance and rule 65 of the Income Tax Rules (hereinafter stated as the Rules), which resulted in this reference application. 5. The questions formulated in this reference application for our answer are as follows:- ‘(I) Whethe..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....……………………(28) Evidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evidence of personal enmity with the police personnel an......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......urt's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ess No.259/7(16) dated 5-10-1997, served a notice upon the petitioner under section 6 of the Ordinance (Annexure-B) stating that the Government has decided to acquire his property and intends to take possession thereof and asked the petitioner to appear on 16-10-1997 to state the nature of his inter......ffect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi, respondent No.3 in LA Case No, 22 of 1996-97 proposed for acquisition and requisition of 4.24 acres of land for the construction of office and godown of Customs and VAT Collectorate, Rajshahi, by issuing...... lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ...... the submissions advanced by the learned Counsels, we have gone through the writ petition along with other materials on record and given our anxious consideration to their submissions. 7. Now, the question that calls for considerations is, whether the payment or deposition of compensation mon..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......n the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......urther submits that since there was no entrustment of any property with the accused petitioner it will be harassment of the petitioner and an abuse of the process of law if the criminal proceeding in question is allowed to proceed. 5. On perusal of the complaint, it appears that although the accu..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....f 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint or......Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jot......dgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......rder of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......nd not the owner. (3) Whether the petitioner purchased the flats with her own money or it was purchased with the money of her husband, the Judgment-debtor to avoid loan liability, being disputed questions of fact cannot be decided in Writ jurisdiction and so, the writ petition is not maintainab..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......intainable as such the proceeding in Sessions Case No.1351 of 2007 cannot be quashed. Hence the application under section 439 of the Criminal Procedure Code is liable to be discharged. 9. The only question that survives for determination in this rule is whether the order NO.09 dated 02.03.2008 in..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....iff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully described in the sch......pecific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully described in the schedule of the plaint. 3. The defendant (Opposite Party) field a......er Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies aga......ch decree/order is the revisional jurisdiction of the High Court Division under Section 115(1) of the Code of Civil Procedure……………………..(13) Kinds of Jurisdiction of Courts The questions of jurisdiction may be of two kinds one is the question of territorial/pecuniary jurisdict..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......te parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petitioners entered into a Bainapatra with opposite parties No.3 and 4 for purchase of land described in the schedule of the plaint at Taka 4,000/- and paid Tk. 3,700/- to opposite partie......ed in: 30 BLD (HCD) (2010) 444.
......it can be presumed that the defendant No.5 have purchased the suit land only to create complication and deprive the plaintiff from getting the suit land and for frustrating the decree.
17. Now the question is whether the defendant No.5 having purchased the suit land during pendency of the suit an..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....andra and Sharat Chandra inherited the land to the extent of their share. The sale deeds in names of the defendants Yasin Molla and others were false, forged, fraudulent and collusive and they had no possession in the land. The defendants had threatened the plaintiffs for making hindrance in their p......f 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaining to C.S. Khatian No.29 of Koikhali Mouza under Police Station Kathalia, District Jh...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Res......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......n 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......not dependent on sub-section 5, 6, and 7 of section 33 of that Ain at all, because when such certificate is issued under sub-section 7 of section 33 of the Artha Rin Adalat Ain, 2003 there remains no question of paying off the decretal amount by the judgment-debtor and as such no necessity of arrest..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....6 of 1959 in the First Court of Munsif at Comilla seeking following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ii. A decree of permanent injunction restraining first-defendant of the suit,......Order/Judgment/Decree maintained by last ladder of hierarchy take recourse to ingenious methods in filing Civil proceedings to rout order/ Judgment and decree of Courts including highest Court of the land. Seekers of Justice in whose favour Judicial verdict had been pronounced are to wait, wait an......nt down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......ff-opposite party put up resistance to Civil Revision Petition on laying a Counter-Affidavit controverting statements made in Revision Petition. Basic contention tabled in Counter-Affidavit is that question of res rudicata is a mixed question of fact and law and res judicata can be decided at the ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code o......No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Ga..Category: Procedural Law | Date: | Hits: 105
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......tion may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......as been authorised to open and operate all bank Accounts which is against the provisions of Article 52 of the Memorandum and Articles of Association of the plaintiff No.1 company.
13. Now the main question is, whether this resolution dated 7‑1‑95 was taken validly or legally. We will only loo..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tra judicial killing. “Even Bhutto was a judicialkilling. Justice Nasim Hasan is reported to have said Bhutto was a judicial killing.” Right to life is a person’s most coveted constitutional possession. Retrospective effect was totally outside the arena of law. “Taher didn’t commi......l. The whole family found themselves at a paradoxical jeopardy, they fell prey to the vengeance of General Ziaur Rahman. The Petitioner No. 1 had to go to the ground. On arrest, he was interned in a clandestine torture cell knownas “Safe Hole”, located inside Dhaka Cantonment, and was kept there......ুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......s pertaining to their conviction or sentence or release at any point in time. 55. The Petitioners never committed any offence under 121Aof the Penal Code at any point of time in any manner, and thequestion of commission of any such offence by them did notarise as they fought for this Country not ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....s, AIR 1975 SC 2159, the appellant instituted the suit claiming as Mahant-in-charge of the Shiromoni Dera the right to manage the properties attached to the Dera at Landeke and prayed for recovery of possession of the Dera. The trial Court decreed the suit and in the appellate Court the decree was r......private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to institute the sui...... abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......t rejected the petition on the reasoning that the plaintiff did not seek for setting aside abatement by furnishing the correct date of death. The learned Joint District Judge fails to notice that the question of abatement arose in case of such a kind that it cannot proceed in the absence of the lega..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......mmunicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ...... have heard the learned Counsel appearing on behalf of the plaintiff appellant at length and also gone through the plaint, written statement, deposition of DW 1 and other exhibits carefully. The moot question that falls for consideration by this Division in the instant appeal is, whether the subordi..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......mplainant on oath or in other words whether the said court is bound to examine the complainant presenting a written complaint and also the witnesses mentioned therein. 12. To find a reply to the question, we need to look into the Scheme of the Code, 1898 particularly Chapter 16. We also need to..Category: Procedural Law | Date: | Hits: 92
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