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Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......Adalat executed and registered the “Boinama” on 6.4.2010 and delivered part possession of the auctioned land to him on 2.6.2010. The petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respo..

Category: Civil Law | Date: | Hits: 183

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ...... of the matter pending for a long period of more than 22 years, it is taken up for disposal. 3. The facts leading to this civil revision, as it appears from the record, are that the predecessor-to-interest of the opposite parties, Rahejan Bibi (through her next friend and husband Md. Sukur Ali Sh..

Category: Property Law | Date: | Hits: 54

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......le-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash. 4. The executing Court heard the application and rejected the same by t..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......hority the Court should be satisfied that the detaining authority had material for its satisfaction that a person has to be detained in order to prevent him from causing prejudicial act for the large interest of public. 9. In the instant case we find that there are detailed narration of series of..

Category: Criminal Law | Date: | Hits: 55

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......r in or out of Court, existed from the earliest times. 16. The power to punish for contempt has been vested in the Judges not for their personal protection only, but for that of the public, whose interest it is that decency and decorum should be preserved in Courts of Justice. Peacock, C.J. in R..

Category: Criminal Law | Date: | Hits: 163

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......I, Dhaka under GIR No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,339 on 29-6-89 and tax including interest payable amounted to Taka 1,31,669.00. The DCT computed income from remuneration business an..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold the said machine, without adjusting the aforesaid loan money and the interest accrued thereon and thereby committed offences under sections 407/420/109 of the Penal Code..

Category: Criminal Law | Date: | Hits: 43

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......g regard to the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction and sentence must be set aside in the interest of justice. 10. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing f..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......h the matter acted at least in a negligent way. The officers concerned are holding very responsible and higher posts in the Revenue Department of the Government and they are supposed to safeguard the interest of the state by realising revenue for the Government but it appears that in dealing with th..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......f the Masjid Committee and some outsiders obstructed the cutting of the said tree and claimed the suit property to be the property of Mosque. The plaintiff School asserts that it has exclusive right, interest and the defendant got no right title, interest and possession thereon. The defendant on 25-..

Category: Property Law | Date: | Hits: 68

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......e keeping of his account, unless the bank or banker is compelled to do so by order of a Court or the circumstances give rise to a public duty of disclosure or protection of the bank or banker’s own interest require it. (See 1924 1KB 461). Such prohibition is indirectly recognised under the proviso..

Category: Banking Law | Date: | Hits: 196

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......ding enquiry for the purpose of facilitating such enquiry and also for maintaining discipline and efficiency in the service, might not amount to a penalty but it was certainly an order adverse to the interest of the employee concerned and, as such, the affected employee was, in the ordinary course, ..

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......suit land comprises CS Khatian Nos. 688 and 689 constituted under-tenancy under CS Khatian No. 687 and there having no khas land, the auction purchaser Asmat Ali could not have acquired any title and interest in the land of Khatian Nos. 688 and 689 unless the under tenancy is annulled by service of ..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ...... The ADC (Rev) Khulna by his impugned order dated 9-1-86 (Annexure-C) set aside the sale under section 53 of Public Demands Recovery Act held on 26-10-64 in execution of CC No. 7650/61-62, for public interest and observed that the schedule land be recorded in Khatian No. 1 by canceling the mutation ..

Category: Property Law | Date: | Hits: 107

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......he plaintiff transferred 1/8 decimals and 3/8 decimals by two registered kabalas in favour of the added opposite party and handed over possession to him as such the defendant opposite party No. 8 has interest in the premises but this added opposite party No. 8 i.e. Md. Billah Miah although raised cl..

Category: Civil Law | Date: | Hits: 89

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......the payment is made the decree of declaration to the effect that the defendant No. 1 is not entitled to pay any technical fee, shall become meaningless. He further submitted that the plaintiff has an interest in the disputed money which is designated as technical fee in that if the plaintiff succeed..

Category: Civil Law | Date: | Hits: 164

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......erein it was held that an original co-sharer who ceased to be a co-sharer of the Jama cannot apply for pre‑emption. It was further held that a co-sharer seeking pre‑emption must have a subsisting interest in the holding at the time when he files an application for pre‑emption and must continue..

Category: Property Law | Date: | Hits: 53

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ot Nos. 29, 40 and 41 appertaining to RS Khatian Nos. 568 and 960 of Mouja No. 118, Faridpur Town, along with structures thereon which originally belonged to Narayan Chandra Tahbilder, predecessor in interest of defendant Nos. 4-9 to the extent of 1/3rd share, Bhupati Mohan Tahbilder, Reboti Mohan T..

Category: Administrative Law | Date: | Hits: 210

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ...... the Court of Settlement for exclusion of the building from the list on the ground that the building is not abandoned one and not vested in the government under PO No. 16 of 1972 or that his right or interest n the building has not been affected by the provisions of that order. As soon as a gazette ..

Category: Property Law | Date: | Hits: 65

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......s such, the High Court Division committed error of law in disallowing the pre-emption. 5. P.W.1 in his cross-examination said that he has nothing to show that those 3 persons had transferred their interest. The pre-emptee took objection specifi­cally in the written objection as to non-­joinder ..

Category: Property Law | Date: | Hits: 39