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Displaying 2121-2140 of 2198 results.
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
.... of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title de...... in First Appeal No. 44 of 1986 allowing the appeal and setting aside in part the judgment and decree passed by the learned Subordinate Judge, Sherpur in Other Class Suit No.28 of 1984, a suit for declaration that defendant Nos. 1 and 2 the elder and younger sons respectively of the plaintiff ar..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....ers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by t......f the High Court Division. The defendant having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....nbsp; ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof...... 5. As already noticed the defendants-petitioner lost all through. His learned Advocate-on-Record has only repeated the failed contention that the simple suit for eviction without any prayer for declaration of title and recovery of khas possession is not maintainable. it is not correct to say ..Category: Property Law | Date: | Hits: 69
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....tion of the Board. The Government clearly overstepped its boundaries in issuing Annexure ‘D’ directing Chairman of the Board to dissolve the Governing Body of the Institution and form an ad hoc Committee for three months…………………(14......l School and College Motijheel, Dhaka as writ petitioner No.1 and respondent Nos.2-4 as members of the Governing Body of the said institution as other petitioners filed the said writ petition for a declaration that the impugned direction (Annexure-D) issued by the Ministry of Education (responden..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....he appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circu......bsp; Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additi..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....d with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground for interference. …………..(6) Lawyers Involved: Md. ......by the High Court Division in Second Appeal No. 1028 of 1966). Judgment Mustafa Kamal J.- The plaintiff-respondents’ Title Suit No. 439 of 1963 for declaration of title, confirmation of possession and other consequential reliefs was decreed by the..Category: Property Law | Date: | Hits: 45
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1......urrency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 ..Category: Business or Commercial Law | Date: | Hits: 106
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....hellip;…..Respondent Judgment March 19, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any sur......ents of the discrepancies and requested for joint inventory repeatedly. Under the respondents’ failure to comply with the said requests the plaintiffs were constrained to file the suit for a declaration that the notice dated 15-5-89 directing plaintiff No.1 to pay the balance amount of pur..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....on was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Su......i, which, however, stood abated due to promulgation of Martial Law in 1982. Then the writ petitioner instituted Title Suit No.203 of 1983 in the Court of Subordinate Judge, 3rd Court, Dhaka for a declaration that the property of plot No.16/1, Dhanmondi RA, is not an abandoned property and ultim..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 p......ch was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of the disputed stalls, contained in..Category: Constitutional Law | Date: | Hits: 158
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
...., Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Secti......rtunity in accordance with law, which also got the approval of the Board in due course under the aforesaid Regulation and, as such, the learned Judges of the High Court Division fell into an error in declaration that the Board’s approval of the impugned order of dismissal is illegal. The learned A..Category: Employment/Service Law | Date: | Hits: 79
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
.... 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should ......he was given necessary treatment at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 in the presence of several Advocates o..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....espondents Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same p......t Abu Salek (petitioner in Criminal Petition No. 10/98) has also instituted Title Suit No. 122 of 1996 against the said Hasanuddin Ahmed and others in the 3rd Court of Subordinate Judge, Dhaka for declaration of his title to and recovery of possession of 0.065 acres of the land out of said dispu..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA An...... 1971 leaving the house under the care of one Abdul but subsequently the Government declared the suit property as abandoned property under President’s Order 16 of 1972. Coming to know of this declaration respondent appointed one Mr. Habibuddin Ahmed, a retired Collector of Customs, as her ..Category: Property Law | Date: | Hits: 64
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi......o bring to our notice the case of Khairul Bashar vs Collector of Customs, 50 DLR 225 in which High Court Division correctly noticed the distinction between exemption under section 19 of the Act and declaration of tariff value under section 25(7) of the Act and did not follow the ratio decidendi ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... Lawyers Invoved: Abdus Sobhan, Advocate instructed by SH Siddique, Advocate-on-Record—For the Petitioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 799 of 1994. Judgment AM Mahmudur Rah...... 2. The petitioner filed Administrative Tribunal Case No. 98 of 1989 before the Administrative Tribunal, Dhaka against the Government of the People’s Republic of Bangladesh-respondent for declaration that the order of compulsory retirement dated 26-11-88 passed by the Assistant Secretar..Category: Administrative Law | Date: | Hits: 125
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....ant Judge, Bakergonj in Title Suit No. 80 of 1991. 2. Plaintiff-respondent No. 1 Md. Moyenuddin after passing BA (Honours, Examination and appearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree ......ssions: “That the learned Single Judge of the High Court Division acted illegally in not holding that the suit is not maintainable and that the plaintiff is not entitled to a declaration of reinstatement in service as the plaintiff has failed to obtain requisite qualificat..Category: Others | Date: | Hits: 84
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....ique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 pass...... Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 &..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....; August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession ......itle thereto by way of adverse possession. The defendants have no right, title or possession therein but they had most illegally enlisted this suit property as vested property. Hence this suit for declaration that the enlistment of the property as vested property is illegal and that the plaintif..Category: Property Law | Date: | Hits: 59
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c......ilar way the judicial service shall have to be organised in accordance with the provisions of Part VI and the enactments and rules made thereunder. (2) The writ petitioners have come up for a declaration that the judiciary has already been separated under Part VI and that the respondents s..Category: Constitutional Law | Date: | Hits: 829
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