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Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......am by registered deed of transfer dated 06.07.1987 and the Pre-emptee-petitioner sold more then his share in Cadastral Survey Khatian No.17. The Pre-emptee-Petitioner is a stranger to the transferred holding. 4. That Pre-emptor-Respondent-side, thereafter, by way of an amendment dated 16.05.1996 ..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu­lent and not binding upon him. 3. Appellant's case in short is that the orig­inal maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measurin..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......uiry into the case of death either instead of, or in addition to, the investigation held by the police officer, and it he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......ave peti­tions. 3.  We have heard the learned counsels of both the sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25-9-1995 and the vic­tim made his dying declaration on 2..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......e dated 16-2-1995 dismissed both Title Suit Nos.16 and 25 of 1992. The appellants preferred First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dis­missed both the appeals holding, inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally ..

Category: Property Law | Date: | Hits: 29

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... to the confessional statement during his examination under Section 342 of the Code of Criminal Procedure. The confession was never retracted by the petitioner. Relying on this confessional statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. How..

Category: Others | Date: | Hits: 63

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......ight, title and interest in the suit lands. 5. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 10th September, 1994, decreed the suit in part holding that the plaintiffs came to Court with defective title but their predecessors had possession..

Category: Property Law | Date: | Hits: 18

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......2. Respondent Nos.1 and another institut­ed the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case la..

Category: Property Law | Date: | Hits: 21

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......and 2 being to persons in line of succession to the office of Shebait being valid in law, the Courts below com­mitted illegality in declaring the said gift Ext.Cha, executed on 13.01.1977 to be void holding the same to be a Kabala and the instant suit having been filed on 20.06.1992 which on its fa..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......e defendant for recovery of arrear rent and the predecessor-in-interest having admitted their tenancy under the petitioner in respect of the same property, the High Court Division erred in law in not holding that the present suit claiming title by heirs of tenant is barred under Order XXII, Rule 4, ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......plication for exemption of interest is sanctioned by the Board of the appellant in exercise of its discretion, the respondents had no enforce­able right; the high Court Division also erred in law in holding that the appellant, while refusing the desired exemption of interest claimed by the responde..

Category: Banking Law | Date: | Hits: 98

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ...... while owing and possessing the suit land executed and regis­tered a lease deed on 02.12.1955 in favour of Joroi Ullah, the father of defendant Nos. 1 and 5 others. While Joroi Ullah and others were holding and possessing the suit land the same was recorded in the name of Jabid Ali and thereafter t..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ssed by the Court below, and declaring that the judgment and decree passed in Title Suit No.9 of 1998 was obtained fraudulently and ille­gal, not valid and not binding upon the plaintiff- appellants holding, amongst others, that the suit was decreed against dead persons namely Sukuri Bibi, Rahela a..

Category: Property Law | Date: | Hits: 37

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......and as such the High Court Division committed an error of law in making the Rule absolute. 8. The learned Counsel lastly submits that the High Court Division committed an error of law and facts in holding that the doctrine of legitimate expectation applies in the instant case. 9. The learned C..

Category: Limitation Law | Date: | Hits: 154

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ...... as forged. The High Court Division held that these arc questions of facts and cannot be decided in writ juris­diction. 10. It appears that the appellant could not prove that Syed Nazir Ahmed was holding and possessing the building in question from 1972-82 and therefore, the property became an a..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......e Heba-bil-Ewaz deed dated 24.11.1980 is void and not binding upon the plaintiffs. 6. The learned Counsel for the appellant submitted that the High Court Division committed error of law in not holding that as per Section 168 of Mohammedan Law an undivided share of unusable property capable of..

Category: Property Law | Date: | Hits: 33

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....ality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......triction can be imposed upon anybody in using any place of the business or changing of business address. 6. As it appears the High Court Division dismissed the Trade Marks Appeal No.63 of 2001 holding that the Trade Mark "GX 0661" as being used by the petitioner and the Trade Mark 00661 as be..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ...... a Survey Agency 'জরিপ সংস্থা’ under the service code S020.00 of the VAT Act, 1991 and as such in the facts and circumstances of the case the High Court Division was in error in holding otherwise and thereupon in making the Rule absolute, that in paragraph 6 of the Schedule 2 o..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......ation under sec­tion 25(7) and does not provide for any authority to determine the value of imported goods by any cir­cular. 10. As it appears, the High Court Division made the Rules absolute holding that a reading of the provisions of section 25(1)(2)(3) and section 30(1) of the Customs Act..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......gislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs as the Secretary-in-charge of the Ministry and rule nisi was issued to show cause how and under what authority he was holding the said office of the Secretary-in-charge on the following averments. 4. In exercise of ..

Category: Constitutional Law | Date: | Hits: 207