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Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..

Category: Criminal Law | Date: | Hits: 53

Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)

....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......ourt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of the Income Tax...........................................Appellant Vs. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....njural Hoque vs. Newajan Bibi (1955-56) 60 714; Aditya Kumar Ray vs. Dhirendra Nath (1948-49) 53 CWN 879; Sadak Ali vs. Suruj Ali (1955) 7 DLR 94; Ejaz Ali Qidwai vs. Spe­cial Manager, Court of Wards AIR 1935 PC 53; Munnalal vs. Mst. Kashibai (1916-17) 51 CWN 175; Hafiz Md. Fateh vs.  S......rtion of the house instituted Title Suit No. 47 of 1973 which they subsequently withdrew. The suit premises has been recorded in the name of defendant Nos. 1 and 2, in the record of the De­puty Commissioner, Dhaka. Defendant Nos. 10 and 11 challenged the compromise decree in Title Suit No. 10..

Category: Property Law | Date: | Hits: 36

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......d the matter had been compromised". The Magistrate refused to accept the compromise and referred to Sadar Court Building in Cri­minal Report No. 15 of 1894 whereupon the Court of Judicial Commissioner observed:  “We are of the opinion however, the Court is not con..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......iff appellant has been residing there by paying rent and taxes. Plaintiff appellant Geeta Rani Dasi received a notice under sec­tion 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property an..

Category: Property Law | Date: | Hits: 112

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... (AD) (1984) 163. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......ction 3 of the Emergency Requisition of Property Act, and possession was taken on 8 March 1961 for construction of WAPDA Colony. Subse­quently, the land was acquired on 1 Novem­ber 1968. The Deputy Commissioner, Rajshahi, assessed compensation at Tk. 41,053.03 paisa, the rate of which comes to abo..

Category: Property Law | Date: | Hits: 42

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......eived no reply the appellant filed Writ Petition No. 300 of 1977 which was, however, subsequently withdrawn to make further efforts for the release and restoration of property. The Deputy Commissioner, Dhaka, who is the prescribed Authority held thorough enquiry, inspected relevant docu..

Category: Property Law | Date: | Hits: 47

Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)

.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......ement" is not a mere wish, whim or fancy of the landlord, but it means actual necessity of the premises by the landlord. In support of this contention the learned Counsel has referred to the Advocate Commissioner's Report, supported by a photograph of the premises, which shows that the shop-room in ..

Category: Tenancy Law | Date: | Hits: 111

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... such decision in exercise of discretion under section 115 C.P.C. is confirmed…………….(10)  Cases Referred to- Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 28 DLR 159 (AD); Mt. Bibi Mariam Vs. Surajmal and others, AIR 1936..

Category: Property Law | Date: | Hits: 30

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......o possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquir..

Category: Property Law | Date: | Hits: 25

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......ondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. S..

Category: Procedural Law | Date: | Hits: 104

Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)

.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... of one year. Thus, considering the short period of sentence we grant bail to the appellants. The appeal is allowed. Let the appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High..

Category: Criminal Law | Date: | Hits: 37

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... property under requisition was in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964,..

Category: Property Law | Date: | Hits: 36

Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)

....ill con­tinue on the bail and realisation of the fine will re­main stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... any of the installments of fine was not paid within the specified time the bail "shall stand cancelled" and the appellant would be taken into custody. Further, the learned Judges directed the Deputy Commissioner, Rajshahi, to see that the or­der for payment of the fine is duly complied with. 3...

Category: Criminal Law | Date: | Hits: 56

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......follows: "GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH MINISTRY OF LAND ADMINISTRATION AND LAND REFORMS SECTION VII. Memo. No. VII-Habi-13/85-348 dated 13.3.85 The Add. Dy. Commissioner (Rev.) Habiganj. Sub: Regarding lease of Chapti Group Fishery under Upazila Baniacho..

Category: Property Law | Date: | Hits: 34

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....ate Commissioner has been right­ly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......o ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The petition is dismissed……â..

Category: Property Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......or to the offender becoming a party to a proceeding in court. Let me call this the wider interpretation of the clause. The High Court of Cal­cutta, Lahore, Madras, Nagpur, Rangoon and the Ju­dicial Commissioner's courts of Sind have taken this wider view, (vide AIR commentaries; The Code of Crimin..

Category: Criminal Law | Date: | Hits: 63

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....easons stated above, the appeal is dis­missed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......t of Cox's Bazar for a term of three years from 1391 B.S. to 1393 B.S. by the Upa­zila Fisheries Officers. An agreement was signed by the parties on 30th April 1984. Respondent No. 1, namely, Deputy Commissioner of Cox's Bazar leased out the said five Fisheries to respondent No.5, Samity for one ye..

Category: Property Law | Date: | Hits: 45

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......he Provincial Assembly in 1970 and of the Constit­uent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and ob­tained a license for a revolver from the Deputy Commissioner, Khulna in 1970 and it was renewed every year up to 31.12.85. 3. A notice dated 30.1..

Category: Criminal Law | Date: | Hits: 88