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....leave petitions to appeal and leave was granted to consider the submissions of the learned Counsel appearing for the HBRI and the learned Attorney-General that the writ petition having raised several disputed question of facts relating to the title and possession of the respondent society in respect...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....h manner and on such terms as may be just and all such amendments shall be made may be necessary for the purpose of determining the real question in controversy between the parties. 12. It is not disputed that the amendment of the plaint may be allowed at the appellate stage but the amendment ha......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
.... granting order and our consideration thereof are hereunder. 6. There is no dispute as to Jana Jiban Dutta’s ownership in the suit premises and that Kiran Bala succeeded him as his daughter. The disputed issue is whether the defendant-appellant took lease of the suit premises from Jana Jiban Du......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....ents Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be de......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
........ Respondents. Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot e......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... The aforesaid plot was listed in C.S. Khatian No.264 and later on in S.A. Khatian No.595. 3. It is the case of the plaintiff that after purchase of the land of plot No. 1503 of S.A. khatian No. 595 (C.S. khatian No. 264) of Mouza-Dattapara, Police Station-Iswarganj, Mymensingh he ..Category: Civil Law | Date: | Hits: 77
.... petitioner did not pay.
3. We have heard Mr. Rokonuddin Mahmud, the learned Counsel for the petitioner and perused the order of the High Court Division and other connected papers.
4. It is not disputed that the order of the adjudicating officer that is Commissioner of Excise, Customs and VAT,......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....the petitioner and Mr. Fida M. Kamal, the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... by practicing fraud and by suppressing fact in collusion with some dishonest officers and staffs of ministry of Works managed to get his tender accepted; that he kept no stone unturned to grab the disputed holding i.e holding No. 68 Motijheel C/A, Dhaka most illegally, that on 25-6-1992 plainti......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ated in the context of the facts of those cases. The writ petition in one was dismissed earlier on the ground that the determination of the dispute whether the property was abandoned property was a disputed question of fact and could not be resolved by the affidavits of the parties, and, in the ot......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....on of the High Court Division the Income Tax Commissioner prayed for and obtained special leave to appeal against this decision. 3. Facts as to the terms of the wakf-deed as stated above are not disputed. Under the wakf deed the property has been held wholly for religious or charitable purposes......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further provided that in the event of the total extinction of the lineal descenda......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....ndents Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ion and anr............ Appellants Vs. Sk. Abdur Rashid ...........................................................Respondent Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the c......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ial committee dismissed the application, with these remarks made by Lord Macnaghton “as regards the general principles applicable to the case there was no controversy. On the other hand, it was not disputed that if the matter by a matter of procedure only, the petition to (dismiss) is well founded......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... the date of retirement. 6. Under the Rules the suspension of a Government servant is consequent upon the proposed action to be taken under clause (b) or clause (c) of rule 3 of Rule 11. It is not disputed that the appellant was suspended as a proceeding against him was started on allegation of......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....of contiguity. On appeal, the order of pre-emption was affirmed. On revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also ......revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also not in one compact block but are close to each other in a zigzag way..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ce clearly shows that the domestic proceedings were taken against the appellant under the Government Servant (Discipline and Appeals) Rules, 1976 which the Corporation adopted and this has not been disputed by the Corporation. The High Court Division is wrong in observing that the three recent dec......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....red round the question whether the vendors of the deceased appellant migrated from the then East Pakistan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
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