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Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
.... Rule this Court passed an order permitting the petitioner to construct the building upto 2nd floor only according to the plan approved by RAJUK on 30-4-98 and accordingly, the petitioner has already completed the building up to 2nd floor. Mr. Moudud Ahmed’s contention is that if the petitioner, a...... High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abul Kashen (Md.) …………………Petitioner Vs. Chairman, RAJUK and others ……………………….Respondents. Judgment March 13, 2000. Lawyers Involv......in 7 days of the receipt of the notice why the construction should not be stopped. The petitioner gave a reply on 1-11-98 to the said notice stating that the plan was approved by the respondent after proper verification and inquiry and the petitioner has already started constructing the building and......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......Ed.
This case is also Reported in: 52 DLR (2000) 484.......e assessee was followed in the instant assessment year. In the instant case, the Deputy Commissioner of Taxes does not arrive at a finding that the income, profits and gains of the assessee cannot be properly reduced therefrom. It is, therefore, clear that the method of accounting regularly employed......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....the same in official gazette on 2-7-1998 the writ petitioner on 9-7-98 challenged the final notification in the writ petition and obtained a Rule which is liable to be discharged. The respondent No.2 completed the delimitation of 3 Wards into 9 Wards of Lalmohan Pourashava as per section 21 of the O......his case is also Reported in: 52 DLR (2000) 471. ......ourashava at the instance of the interested quarters sent his delimitation reports to the Ministry for its approval. The Ministry did not give the petitioners any opportunity to place their things in proper way. The respondent No.1 hurriedly made their arrangement at their own accord and subsequent ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....of Brahmanbaria Sadar Hospital the very same day. He also issued discharge certificate from the Health Complex and handed over the victim to the police. 9. PW 4 Md. Nazrul Islam testified that he completed Masters. On 2‑2‑1998 when he was going home by Dattapara village road under 'Kalikacch......so Reported in: 55 DLR (2003) 299. ......aydul Hossain. It was about 10‑00/11‑00 AM. When he asked the police about the case of acid victim Hazera, they told him that they got information but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... are materials as the basis of the satisfaction of a reasonable, man as to the necessity of the detention for the purpose of preventing the detenu from committing a prejudicial act. The onus is completely on the authority who has deprived a citizen of his personal liberty by detaining him ......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......ion that in view of section 16(2) of the Defence of India Act which provided for presumption as to authenticity, the orders of1 detention in each of those cases must be taken ex facie regular and proper and that there was a heavy burden on the respondents to displace the said presumption. The im......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... Bibi, a son Sayed Ali and two daughters Elemjan Bibi and Halimon Bibi. Subsequently Pathani Bibi died leaving behind her aforesaid son and daughters. There was an amicable partition of the inherited property among Elemjan, Halimon and Sayed Ali. Syed Ali got 'Ga' schedule land measuring 2.07 acres ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......his Case is also Reported in: 55 DLR (2003) 289.
......nce certificate in favour of the subsequently formed samity. Thereafter, a letter dated 5-11-97 was written from the Secretariat of the Prime Minister to the Secretary, Ministry of Social Welfare for proper inquiry and report on the objection raised by the review petitioner No. 1 ie the president of...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......রতিবাদীগনের বরাবর উক্ত করারোপ বাতিলের অনুরোধ করিয়া ১০.২.২০০৯ তারিখে একটি Demand of Justice নোটিশ জারী করেন (এ্যানেকচার-সি)। ......provement of public health as well as beyond the scope of Fundamental Principles of State Policy of the Constitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is f......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Pet...... No. 3518 of 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of del......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others, 34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not ......istrict Judge, Artha Rin Adalat and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petiti...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......his Case is also Reported in: 55 DLR (2003) 264. ......e appellants for the purpose of 'Dhanmondi Hawkers Market' which was previously requisitioned by the Government by order dated 9-9‑1960. The appellant filed objection against the acquisition of the property on 5‑10‑1976 but the same was not considered. The Deputy Commissioner assessed Taka 2,7......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......t Division (Criminal Appellate Jurisdiction) Present: Md. Nurul Islam J Md. Hassan Ameen J Nabiran Bibi…………………………………….Appellant Vs. Md. Panna Miah and others ………………Respondents Judgment May 12, 1998. Lawyers Involved: Ashf......t Magistrate committed an error of law in acquitting the accused respondents on the date fixed for appearance of the accused without being verified as to whether the complainant was notified the date properly. Mr Islam, lastly submits that the complainant was all along present in the court of Magist......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
.... due to their prolonged detention in jail and facing starvation and thus, crave the discretion and mercy of the Court to consider the sentence, purely on humanitarian ground to save the family from complete destruction and for securing ends of justice. In view of the above, the submissions of......Reported in: VIII ADC (2011) 89 & 447. ......thers and that their father was murdered earlier inasmuch as they are the only adult male members of their family comprising of wife and minor children and that they are badly suffering for want of proper care and fooding due to their prolonged detention in jail and facing starvation and thus, c......ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ..Category: Criminal Law | Date: | Hits: 43
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ision (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: ......used petitioner in the FIR and charge sheet would be proved or disproved by leading evidence at the time of trial and the offence of the accused petitioner could not be adjudicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ..Category: Criminal Law | Date: | Hits: 55
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......orted in: VIII ADC (2011) 16. ......ul Latif is the father of the defendant and the plaintiffs are the aunt of the defendants. The plaintiffs transferred 0.29½ acre of land along with a disputed land to defendant Nos.1 and 2 against proper consideration money on 28.10.1986 and delivered possession in favour of defendant Nos.1 a......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......DC (2011) 14. ......ho had the statutory duty to do so under the Customs Act; the very purpose of said SRO 206 date 17.9.1008 for public good has been frustrated by the action of the petitioners and so apart from taking proper action against the delinquents officers with information to the High Court Division, the pe......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....egister which shows that the executant of the above deed is Abu Sayeed and not Hedayetullah and so by the said deed, Majed Ali did not obtained any title in the suit land. Further, Abu Sayeed being a complete stranger to Beraful Nessa, it could not be expected from her to produce him before the cour...... 1, 16 MLR (AD) (2011) 261. ......in the suit land can not be a ground for holding that the above Deed No.21065 dated 21.4.75 was valid inasmuch as the parties to the suit, being the heirs of Hedayetullah, possessed, in ejmali, the properties left by Hedayetullah which also included in the suit land and there in nothing on recor...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....trar and filed a petition wherein they have denied the material allegations made in the rectification application and contended, inter alia, that the Trade Mark of the respondent No. 2 in class 34 is completely different from the trade mark of the appellant in class 34 in design, get‑up, colour an...... Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: ......light of the scheme of the Act, The learned Registrar should also examine the question as to whether in rectification proceedings the question of validity of registration can be raised which could be properly examined when application for registration was originally moved. The Registrar also should ......ake into consideration the issue of limitation. 9. In the result, the appeal succeeds. the impugned order dated 11‑5‑1989 is set aside and the case is remanded to the respondent No. 1 for re-adjudication of the matter afresh in the light of the observations made above after giving an opport..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....nd it is not a valid marriage. An invalid and irregular marriage is not a marriage and it does not create any civil right and the offspring of such marriage is not a legitimate child. Marriage is not complete without co‑habitation. Since there is no co‑habitation it is not a valid marriage. Even......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Jashimuddin (Md.) alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....tness of the occurrence. 7. The learned Advocate appearing for the condemned prisoner submits that there is no legal evidence on record to substantiate the charge. He further submits that there is complete departure of the prosecution case from that of the first information report version and in ...... Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defenc......, we find that the materials on record prove that the condemned prisoner cannot avoid the responsibility of the death of his wife and he is required to be put on trial for the cause of death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Cour......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
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