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Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ......he defendant was a defaulter inasmuch as he did not pay any rent since De­cember, 1998 to February, 1999 and thereaf­ter, the defendant on pretext started to pay the rent through postal money order. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not based o......pposite Party Judgment March 27, 2008. Result: The Rule is made abso­lute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act advers......wal J Khandaker Mahmud Hasan…………………………………………………….Petitioner Vs. Amirul Islam……………………&hell..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......A has been inserted by Act No.111 of 2006 as under: "138A. Restriction in respect of appeal-Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence un­der sub-section (1) of section 138 shall lie, unless an amount of not less ......ly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......yed Mahmud Hossain J Farid Ah­med J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respon..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......peal No. 4953 of 1991 (Dhaka) with Jail Appeal No. 4954 of 1991 (Dhaka). Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23-9-85 passed by the learned Additional Sessions Judge-in-Ch...... Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......ch it has been found that children will falsely confess to have committed a crime when they believe that they may get some benefit as a result. This is illustrated by the excerpts of the article mentioned above………………………………..(21) It would be entirely unsafe to rely upon t..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       .........Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed.  The judgment and order of conviction and sentence is set aside.  Jail Appeal No.4954 of 1991 is disposed. Case......ith a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ...... that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and the..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......case having been concluded on finding of facts as such no interference is called for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of ....... Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Petitioner.  Muhammad Nazrul Islam with Syed Al Asafur Ali......00. ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......s. Criminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 30.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No.3845 of 2...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......AD) (2013)11...

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ......d. Abdur Rashid J— As the parties in the above references are the same and the questions of law referred to are also common, we heard them together and now, dispose of them by this judgment and order. 2. The questions of law referred to this Division for determination are as follows: ......a 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ......R (HCD) (2008) 506.   ..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....plaintiffs alleged that the suit land, as described in the schedule to the plaint, measuring .74 decimals belonged to Kabul Bibi in 16 annas share and the C.S. Khatian was accordingly prepared and published in her name along with other lands. It is further alleged that the suit land was subseque......passed by the, learned Assistant Judge, Atowari, Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. The opposite party Nos. 1-8 as pl......uzzaman Mia and others……………………Opposite parties Judgment February 18, 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Kha......3.  ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ....... Criminal Appeal No.1476 of 2004. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 410 of the Code of Cri­minal Procedure is directed against the judg­ment and order dated 24-3-2002 passed by the learned Additional Sessions Judge, 2nd Court, Kishoregonj in Se...... in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......e and the Court is not empowered under the provisions of the Criminal Procedure Code to compel either the prosecution or the defence to examine any particular witness or witnesses on their sides. Nonetheless, if either of the parties withholds any evidence which could be produced and which, if p..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......tion of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......n) Present: Syed Refaat Ahmed J Mr. Sunirmal Chaudhuri, son of Late Kedernath Chaudhuri, Managing Director, Bayer Crop Science Limited, Dhaka…………………………………Petitioner Vs. The Registrar of Joint Stock Companies & Firms, 24-25 Dilkusha Commercial Area,Dh..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......n the opposite party No.1 to show cause as to why the judgment and decree dated 14.05.2005 passed by the learned Additional District Judge in Paribarik Appeal No.32 of 2005 reversing the judgment and order dated 9.03.2005 passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Fam......rts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......n: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......l Latif (Md.)……………..Petitioners Vs. Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and ......€¦â€¦.Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defe......ted in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)

....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......e — For Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-1999, 16-6-1999, 26-7-1999, ...... the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......LR (HCD) (2009) 76. ..

Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210

Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......aria Sarker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment Md. Abdur Rashid J. - The above reference was presented against an order dated 19-9-2002 passed by the Taxes Appellate Tribunal in ITA No. 4319 of 2001-2002 in respec......ue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ...... (Statutory Original Jurisdiction) Present: MA Rashid J Md. Miftahuddin Choudhury J Nabab Khan ………………………………… Applicant Vs. Commissioner of Taxes …………… Respondent Judgment January 22, 2008. Result: Th..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......Respondents Judgment January 21, 2008. Result: The Rule is made absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and mate......e, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......ecial Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respon..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ...... Criminal Appeal No.1198 of 2002. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is directed against the judgment and order dated 15-4-2002 passed by the learned Judge, Nari-o-Shishu Nirja­tan Daman Bishesh Adalat, Di......t wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......ated as first information report, that in the first information report, it was alleged, inter alia, that the accused persons are related to each other; that the informant married Shaneka Begum before one year back of the occur­rence; that the accused No.2 namely Abdul Aziz, is the "Dharma Bhai" of ..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made 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. Facts giving rise to this rul......rder of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......009) 264. ..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......verments made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Utt......ose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......CD) (2009) 513. ..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha......9. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Syed AKM Dabirush-Shan J Gopal Chandra Das and others …………………… Plaintiff- Appellant-Petitioners Vs. Nikunja Behari Sukra Das and others …………………… Defendant-Responde..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......n No.157 of 2007, Reference Application No.158 of 2007, and Reference Application No.159 of 2007. Judgment Mohammad Abdur Rashid J.- The above references were presented against a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dis......e. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......oudhury J Durga Prasad Singh Hazari, being dead, his heir, Gautom Singh Hazari CK Hazari Bari, Hazari Lane, PS: Kotwali, District-Chittagong……………………Applicant Vs. The Commissioner of Taxes, Taxes Zone-3 Chittagong……………………Respondent(s) Judgment December ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5