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Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....s to be determined on seven tests - (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or......66 DLR (AD) (2014) 162. ......endant Nos.4-6 for Tk.6000 (six thousand) by a mortgage deed dated 25-11-1962 registered on 13-12-1962 and delivered the possession of the mortgaged land to the mortgagee that with a view to avoiding legal complications. The deed was executed as a deed of sale but from the long period of 10 years me..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... (Civil) Present: Syed Mahmud Hossain J Md.lmman Ali J Md. Anwarul Haque J Mortuz Ali Khalifa............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment January 29, 2014. ...... 2007. Leave was granted by this Division to consider whether "while the learned Court below allowed the petitioner to file written statement and accordingly he filed the same so, he accrued the legal right for cross-examining the plaintiffs' witnesses, but the learned Court below without c..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
.... source of income, he may be prosecuted and convicted under section 27(1)......(5)
The accused-respondent was also convicted under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also confisca......ab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Anti-Corruption Commission........................Petitioner
Vs.
Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents
Judgment
January 27, 2014.
Result......7(1) of the Ain read with section 5(2) of Act 11 of 1947 for possession of wealth which were said to have been beyond his known source of income. In view of the above, the High Court Division acted illegally in setting aside the conviction of the accused-respondent in respect of offence under sectio..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd......ashment through his bank H.S.B.C. Bank Ltd. but both the cheques were dishonoured on15.07.2008 with remark “insufficient fund”. Thereafter, the complainant-petitioner served two statutory legal notices both dated 14.08.2008upon the opposite party 2 informing him about the dishonour of th..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ve decision was noticed with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition f......ana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment Ja......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs...... judge framed issues as to maintainability of the suit, whether there was agreement on 20-10-2003 in between plaintiff and defendant, whether as per terms of the agreement the termination letter is illegal and what other relief or reliefs plaintiff was entitled. 7. Learned Judge decreed the sui..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....ct transpired at the time of investigation. The investigation officer may apply through the prosecutor to the Tribunal to commit any accused person in his custody for the purpose of interrogation for proper investigation of the case. Rule 18(2) provides that the investigation officer shall work......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR...... individuals or organization who is a prisoner of war for Genocide, Crimes against Humanity or War Crimes and other crimes under International Law. Under the Act-such person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by re..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... defalcated various sums of money on dates between 21-12-1987 to 20-12-1991. It is true that under the Code each charge ought to have been for no more than one year. To that extent it would have been proper at the initial stage to frame three charges each for a period of one year. That would have sa......, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m...... to constitution of the Artha Rin Adalat at Chittagong by the respondent No. 3, Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Aza..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis......exure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) to be declared to have been passed without lawful authority and are of no legal effect. 2. Facts, in brief, are that the petitioner is the father of a student who studi..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......R (HCD) (2015) 313
......vailable, under the provisions of Specific Relief Act and not in the contemplation of any of the provisions of the Act, 2006 and, as such, entertaining and/or registering of the BLA case was not legal and without jurisdiction and thus was liable to be dismissed in limine.
7. The Chairman o..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
.... wrong forum by filing the writ-petition and therefore, it was not maintainable. 14. The findings arrived at by the High Court Division-as to the maintainability of the writ-petition is based on proper appreciation of law. The petitioners should have filed a revisional application under se...... ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....uring his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto initiated income-tax proceeding on 12-2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death of Alhaj Golam Mowla. The assessee-applicant was made the legal representative of Late Alhaj Golam Mowla although all of his legal heirs became the owners of ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG......he contracted same period as Secretary without adjusting the previous received money. It has been further alleged that the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and illegally obtai..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
.... the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of laws and facts do not warrant interference by this Division. Accordingly......o Reported in: 66 DLR (AD) (2014) 98. ......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in Title Su......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda......iya and Mr. AJ Mohammad Ali, learned Senior Advocates, appearing on behalf of the leave-petitioner, submit that in view of Rule 102 of Order XXI of the Code of Civil Procedure, respondent No.1 is not legally entitled to file any application under Rules 100 arid 101 of Order XXI read with section 151..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....are the owners of the said land and the respondent and his wife Shamsun Nahar have had no title and possession therein. The complainant informed that story to the respondent who failed to answer properly. Accordingly, the complainant requested him to return the said amount. The respondent issue......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment Octob......bsp; 3. In Criminal Appeal No.31 of 2004 the complainant-appellant ANM Kamrul Islam challenged the legality of the judgment and order dated 9-2-2003 passed by a Division Bench of the High Court Divis..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....he respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from t......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result......tha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or such other or further order or ord..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....porting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner who is a superintendent of a non-Governmental Madrasah has filed this......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ......emo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....r example ministerial circulars on an Act that they are, as stated in Halbury's Laws Statutes vol. 44(1) (Reissue) para 1427 on the authority of the cases there cited, persuasive authority on the proper construction of the legislation. It will be a ground of appeal if the judge declines to take ......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......cuments and after receipt of bills applied to the University on 28-7-1997 and 31-7-1997 for refund of the security deposit of Taka 47, 24,075. It is the case of the appellant that Khulna University illegally deducted a sum of Taka 38, 39,239 from the security deposit as VAT in spite of the opin..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
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