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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....hers…………………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Invo......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....w petition and of passing the order by the Director of Land Records in reviewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has not been vested with any statutory power to ent......r of the said jote No.1 was one Abdul Aziz Sarang in raiyati right. The said Jotedar having defaulted in payment of revenue, the Jote was put to auction and ultimately the entire lands vested in the Government. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed an...... the appellate Court which has been done under sub‑section (2) of section 19. But in administrative matter under chapter 17 of the Act he has been placed in superior position in matters of control, management of Record of Rights as vested under Rule 44 of the State Acquisition & Tenancy Rules...Category: Property Law | Date: | Hits: 73
Category: Civil Law | Date: | Hits: 159
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
....ur attacked him with dao, lathi etc. The accused Md. Nurul Islam gave the order to kill the victim whereupon the accused Yusuf aimed a dao blow at his head which the victim fended off with his left hand and in the process the middle finger was cut. When the victim fell to the ground the other accu...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ..Category: Criminal Law | Date: | Hits: 52
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....ion can not convert itself into an appellate or revisional Court and interfere with the interim order of the Magistrate. Mr. Rafique-ul-Haque, learned Counsel appearing for the caveator, on the other hand, submits that the Anti-Corruption Commission did not dispute the writ petitioner's claim that h......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....h Tk. 2000.00 as profit and another Tk. 3,000.00 towards the costs of execution and registration of the deed. After payment of the aforesaid amount he demanded back the deed but the defendant did not hand over the deed on the plea that it was in his friend's house and on the plea of bringing the doc...... 2000.00 as profit and another Tk. 3,000.00 towards the costs of execution and registration of the deed. After payment of the aforesaid amount he demanded back the deed but the defendant did not hand over the deed on the plea that it was in his friend's house and on the plea of bringing the document......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Category: Property Law | Date: | Hits: 89
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....ion Bench, to which I was party, in the Civil Revision No.596 of 1986 (Dhaka) 1228 of 88 (Jessore) decided on June 14, 1990. 6. Mr. Mokbul Ahmed, appearing in opposition to this Rule, on the other hand, submitted that the order for attachment and the order for furnishing bank guarantee are indepe......he petitioner 3, MV Eurco Explorer from the port of Kohsichang to Chittagong. The amount for alleged short landing and damage was payable to the Controller of Movement and Storage, Ministry of Food, Government of the People's Republic of Bangladesh. 3. Institution of the suit followed by an appli......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....preferred this appeal. 5. Mr. Mansur Habib, the learned Advocate appearing on behalf of the convict‑appellant Shamsuddin, submits that the prosecution failed to prove that this appellant has any hand in the death of the deceased. He submits that the post‑mortem examination report clearly indi......hiti hut of the appellant. On getting this information the officer‑in‑charge of the police station went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries on the left side of the ribs as well as on the ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... to (1) whether non-registration of the marriage under Mohammedan Law makes the marriage illegal or irregular or non-existent, (2) whether continuous co-habitation by the appellant and the respondent over a period of three years as husband and wife coupled with their conduct infer a presumption as t......g a child to him does not raise presumption of marriage, or where the relation admittedly began as concubinage, lapse of time, and propriety of conduct and the enjoyment of confidence, with powers of management reposed in the woman, were not held sufficient to raise presumption of subsequent marriag..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....or the postmortem examination of the dead body of the deceased and sent the viscera for chemical examination. Thereafter, on 7‑9‑1990 he was also transferred from the said police station and he handed over the case diary to the Officer in Charge of the concerned police station. In cross he sai......Court who on the basis of materials as available on record framed charge against the accused‑appellant along with the three other co-accuseds under sections 302/201/34 of the Penal Code and read it over to them in the dock to which they pleaded not guilty and demanded trial. 5. The prosecution ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....to be free from difficulty. There is no doubt the view of the Patna High Court that a person in authority is one who is in charge of prosecuting, conducting, or defending cases. There is on the other hand, a number of authorities which seem to have taken a more liberal view of the matter." In Bh......y the Magistrate 1st Class, Satkhira in GR Case No.582 of 1995 should not be set aside. 2. Facts necessary to dispose of this revision in brief, is that on 6‑10‑1995 Head Mistress of Satkhira Government Girls' High Court School lodged a first information report at the Satkhira Police Station ......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
.... country and his, decision went against the company. This obliged the company to prefer an appeal against his decision, the ITA No. 2109 of 1991‑92 before the Taxes Appellate Tribunal. On the other hand, the Deputy Commissioner of Taxes preferred the ITA Nos. 2293 and 2294 of 1987‑88 before the ......ach of the assessment years and directed the latter to assess the Company's taxes in respect of each of the two assessment years in question under the Double Taxation Agreement concluded between the Government of the People's Republic of Bangladesh and the Government of the United Kingdom and Northe......graph (1) of this Article a person other than an individual is a resident of both contracting states, then it shall be deemed to be a resident of the contracting state in which its place of effective management is situated." On the other hand, the assessee company in Reference Application Nos. 16..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....upport of his submission, he cited the following decision; Abdus Satter Vs. State, 46 DLR (AD) 239; State Vs. Roisuddin, 48 DLR 517 and Rafiqul Islam Vs. State, 1993 BLD (AD) 117. 33. On the other hand Mr. Sk Awal, the learned Deputy Attorney-General on behalf of State submitted that the prosecut......sections 302/326/148/447/109 and 34 of the Penal Code against the appellants and 4 others. In the first information report it is also stated that the informant had been owning and possessing the land over which the occurrence took place. 4. After investigation the police submitted a charge-sheet ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......risdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....nt. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For t......s at noon and P.W.3 Kiron Chandra Sarker, P.W.4 Jafindra Nath Aidya and P.W.5 Jogendra Nath Biswas attested the will in presence of other persons including P.W.6 Jadunath Biswas and the will was read over to the testator by P.W.2 and the testator himself also read the same and then put his thumb imp......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....was done without any lawful authority. The facts of the said case are similar to the instant case. 5. Mr. Abu Taher Chowdhury, learned Advocate appearing for respondent Nos. 3 to 12, on the other hand, submits that Regulation 22 of the said regulations provide that any matter not covered by thes...... Dhaka Cantonment. 2. It is the case of the petitioner that he is the donor of the said school and his daughter is a student of class ten of the said school. The said school is a recognised Non‑Government Secondary School and is managed by a Managing Committee constituted under the Board of Int......ee constituted under the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non‑Government Secondary Schools) Regulation 1977. Under the said Regulations the management is vested in the Managing Committee for three years and before expiry of its term the sai..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....ourt and the Court can in exercise of its inherent power reject the plaint on this ground as rule 11 of Order 7 CPC is not exhaustive. Mr. SR Pal, the learned Advocate for the plaintiff, on the other hand, submits that in disposing of an application under Order 7 rule 11 (d) the Court cannot travel ......, the plaintiff's case is that the Bangladesh Pustak Prakashak and Bikreta Samity, briefly the Samity, with its central office at 3, Liakat Avenue under PS Sutrapur within Dhaka city and branches all over Bangladesh was incorporated on 21.11.1981 under the Companies Act. Under Article 25 of the Arti...... CWN 310, Ramkumar Potdar Vs. Sholapur Spinning and Wearing Co. Limited AIR 1934 (Bombay) 427, and Bharat Insurance Co. Ltd. Vs. Kanhaya Lal Guaba AIR 35 (Lahore) 792 and maintained that the internal management of the samity need not be interfered with by an order of injunction. 6. Undisputedly t..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....…….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Ltd. Vs. S...... challenging the Gazette Notification dated 17th May, 2001, by which, the writ respondent No. 3 cancelled the proceedings of L.A. Case No.01/89-90. The case of Rabitat, in short, is that it is a Non-Government International Islamic Organization providing assistance in the fields of education, cultur...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....ating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26.12.1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering Corporation by notification dated 17.05.1972 upo......the judgment and order dated 18.07.1994, 19.07.1954 and 20.07.1994 passed by the High Court Division in Writ Petition No.298 of 1987. 2. The respondent No.1 the Secretary, Ministry of industries, Government of Bangladesh and the respondent No.3 Bangladesh Steel and Engineering Corporation also pr......ffidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26.12.1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering Corporation by notifica..Category: Business or Commercial Law | Date: | Hits: 195