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....ong.
3. Authorised Officer upon perusal of the Gazette notification dated 11-11-1954, BS survey records recording the land in the name of the Port Authority and the contents of the 3rd schedule of part IV at page 98 of the Port Act, BP Khatian No.4, etc. and that also upon hearing the respondents......thorised Officer’ is as follows:
“5. (1) Any person aggrieved by an order under sub-section (1) of section 4 may, within fifteen days from the date of such order, appeal, in such manner and on payment of such fee as may be prescribed, to the District Magistrate, who may pending the disposal o......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
....f the finally published RS Khatian in the name of the plaintiff-Ext. 3 and the Government rent receipts Ext. 2 series in favour of the plaintiff.
7. The learned Advocate appearing for the opposite parties finds it difficult to support the impugned judgments and frankly concedes that in the facts ......ildless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on t...... title suit for restitution of conjugal rights itself is a bad piece of law against a wife. In case of a decree against a husband the Court can execute on discretion by passing an order of periodical payments but the unwilling husband can divorce his wife by pronouncing his arbitrary power of divorc......osite party, in short, is that he married defendant No.1 by a registered kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....Family Appeal No.15 of 1993 affirming with modification the judgment and decree dated 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maint......er father. Thereafter the defendant tried bring the petitioner back to his house. But her father refused to send her back to him. Sometime in the middle of 1989 the defendant paid Taka 15000, towards payment of the prompt dower of Taka 20,000.00 to the petitioner. 4. Both the parties examined 3 w......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180...Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....n the absence of such notice, the petitioner cannot be said to be defaulter. At any rate this question of fact ought to have been resolved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be....... In the aforesaid information slip issued by the bank on which date the said Year Ali Munshi died was not mentioned but simply said that on the death of father his son (the petitioner) is liable for payment of the loan as such, he is a defaulter. The Thana Nirbahi Officer by Annexure-C affirmed the......97 as evidenced from Annexure-C to the petition that Sonali Bank, Goalanda Branch by their Office memo dated 5-11-97 informed the Returning Officer that Year Ali Munshi, father of the petitioner took loan (Grain loan) on 10-1-91. In the aforesaid information slip issued by the bank on which date the..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
.... and others.............................Appellants Vs. Md. Asmatullah and others...........................Respondents Judgment November 21, 1978. Result: The appeal is allowed in part. Case Referred To- Secretary of State Vs. Mask & Co., 44 C.W.N. 709. Lawyers Invol......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
.... The Tribunal had correctÂly noticed that there was no reason to think that the resolution passed as early as 15-7-59 was not bona fide. It is the business expediÂency and commercial gesture on the part of the assessee for foregoing the commission for five years. No exception can be taken to such ...... the net profit due and payable to the company as managing agent of the unÂder noted companies be and hereby foregone as a gesture of good will for a period of five years from the respective date of payment or from the date of payment or from the date of production wherever applicable: (1) Virgi......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....who are trying to blackmail the petitioner in different ways. The informants are influential persons of the said locality, whereas the petitioner is an outsider and as such, it is quite absurd on the part of the petitioner to demand subscription from the informants by giving threat. The informants o......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
....de of Dhaka. Outside Dhaka, campuses, such as Rajshahi and Chittagong are functioning. According to section 4 of the Private Universities Act, 1992 (the Act, 1992) a University may be situated in any part of Bangladesh. As there is nothing in the Act, 1992 regarding setting up of campuses in other p......l of the said 2 (two) campuses.
7. In the third supplementary affidavit filed on 13.03.2011 it was stated that on 27.12.2010 the petitioner deposited TK.1, 00,000.00 (50,000.00+50,000.00), by two payment orders separately for inspection of its campuses at Rajshahi and Chittagong on 04.01.2011, 0......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....t the sale and further neither the proÂforma respondent No.4 nor the respondent No.1 was ever in possession of the case land and that the respondent No.1 also did not make him (Dr. Ashequr Rahman) a party in the above Title Suit No.7 of 1990. The respondent No.1 contested the above miscellaneous ca...... suit land to others, she had file Title Suit No.7 of 1990 and she obtained decree therein and the Government did not prefer Appeal against it and then she took steps for mutation of the case land on payment of rent, which is pending before the Additional Commissioner (Revenue); the pre-emptor Dr. A......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ich was upheld by the Jute Mills Corporation, Respondent No.3 on January 14, 1974. Respondent No.1 challenged the order of dismissal by filing an application unÂder Article 102 of the Constitution. Apart from the merits of the case, the main contenÂtion between the parties related to the maintainÂ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....at it was under-assessed for the year concerned. The assessee appeared and submitted return under protest and showed the income at Tk. 44,702/-, the income which was originally shown claiming that no part of its income was under-assessed or escaped assessment. Thereupon notices under section 23(2) a......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....Judge, Chittagong who admitted the motion on June 30, 1980 and stayed the making over possesÂsion of the land if it had not been made over by the receiver. On an application of the respondents an ex-parte order was passed on July 9, 1980 by the Additional Sessions Judge, Chittagong to whom the afor......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....z Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: The appeal is allowed in part. Case Referred to- Lopez Vs. Muddan Mohan, 13 M.I.A. 567. Lawyers Involved: T. Ali,...... 9. As regards point No.4 the High Court Division did not appear to have expressed any view to the effect that a tenancy of any agricultural land could not be founded on the basis of a Kabuliyat or payment of rent accepted on behalf of the landlord, but exÂpressed a doubt, whether in the facts of......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....f which had been wrongly recorded in the name of the GovernÂment. The Government, however, have had no right, title and interest in the said lands nor any right to dispossess the plaintiffs from any part thereof, which are the lands of their tenancy. 4. The suit was contested by defendants No.1,......roperty or permanent interest therein beyond that possesed by him in the estate or tenure to which the land may be annexed, and shall not in any case be understood to exempt the holder of it from the payment to Government of any assessment for the public revenue to which it may be liable under the p......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....ition was filed by the Respondent 2. The Tribunal found that 10 voters had cast their votes both in Ward Nos. 1 and 3 simultaneously as such those votes canÂnot be counted in favour of either of the parties and further found that the difference of votes was only 7 but since 10 voters have cast thei......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....gment and order dated 27.07.2006 allowed the application. 6. Being aggrieved respondent Nos.1-13 preferred Civil Revision No.98 of 2006 before the District Judge, Bogra who after hearing both the parties, vide judgment and order dated 07.03.2007 allowed the said Civil Revision setting aside the ......orded in the name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul and Jogodeshwari Debba were recorded as the possessors who had been enjoying the possession thereof on payment of rent to the concerned authority. After the death of those persons, the petitioners, pro f......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....nal Miscellaneous Case No.14333 of 2008. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of Tejgaon Police Station Case No.48 dated 21-7-2007 c......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....tiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the complainant-opposite party No.1, in short, is that the complainant has filed a petition of complaint before the Chief Met......er. The cheques were lastly dishonoured on 3-4-2007 and 15-4-2007. Hence, the complainant had issued, upon the accused, a demand notice dated 19- 4-2007, under section 138 of the NI Act, and demanded payment of Taka 12,84,600, being the amount due under the said 3(three) cheques, within 30 days of t......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....he plea of alibi burden lies on him to substantiate that fact at least to the extent of a reasonable probability. Even if the evidence produced is capable of creating a doubt whether the accused took part in the occurrence then the accused are entitled to benefit of doubt. 24. Now let us see how ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
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