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Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
.... that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect o......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......the plaintiffs as his landlords and once he deposited Taka 40.00 only with the House Rent Controller in favour of the plaintiffs but subsequently withdrew the said case; that the ADC (Rev) Dinajpur illegally executed a deed of exchange for registration in favour of the plaintiffs: that the plaintiff..Category: Procedural Law | Date: | Hits: 74
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
.... Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention raised by the app......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....mpany, MJL Bangladesh Ltd could have taken recourse to section 67 of the Act for the refund of the amount paid. Similarly the petitioner company of the instant case can also claim for refund to the proper authority, if so advised. 23. The petitioner was well aware that making a claim in respect...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar......security against their direct formal demand of Taka 2,75,42,815.02 for approving the name change of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect and also as to why they should not be directed to release the bank guarantee No.101TS12..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....46 of 1978 we of the view that the petitioner undertake the commercial trade business etc, which are in connection with the development activities of the petitioner which are very much essential in proper functioning of the petitioner. The petitioner a voluntary Organization requires some for it......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......It has further stated that the petitioner miserably failed to prove its case and the respondent No.2 by oral and documentary evidence proved the case and, as such, the Labour Court committed no illegality in allowing the complaint case and, as such, Labour Court committed no illegality in allo..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
.... Upazila Circuit Court, Sadar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted the Title Suit No. 230 of...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......he learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are entitled to call in question the legality of registration of the sale deed Exhibit A. The 1st Appellate Court wrongly held the plaint..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....application under section 145 of the Code of Criminal Procedure, hereinafter called the Code, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No. 1 as first party filed a petition of complaint being Miscellane...... ......he case land. He finally submits that the judgments and orders passed by the Courts below in allowing the case in favour of the opposite party No. 1(first party) do not suffer from any infirmity or illegality warranting interference of this Court and the Rule, thus should be discharged. 12. Mr. Z..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....ration for determining the maximum limit of super tax which may be imposed upon a Company which is a resident of the United Kingdom and did not make the aforesaid prescribed arrangements. For the proper appreciation of the point Article VI(1) of the Agreement is set down: "ARTICLE VI" (1) ......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....charge sheet under section 16(3) of the Act and whether the Special Tribunal constituted under the said Act had jurisdiction to take cognizance of the alleged offences and whether the Tribunal is the proper forum for holding the trial in respect of the said offences when the Act came into force on 9...... Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....cussion of evidence and the decisions thereon made by the court of appeal below the last court of fact and also did not reverse the clear findings and decisions of the last court of fact by assigning proper reasons. The learned advocate has argued also that the High Court Division did not apply its ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..Category: Property Law | Date: | Hits: 93
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368.......
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Md. Abdul Wahhah Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Bangladesh Sugar and Food Industries Corporation and others....................Petitioners
Vs.
Md. Shamsuddin S......te in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ petitioner, respondent herein..
Category: Employment/Service Law | Date: | Hits: 180
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....e Suit No. 51 of 1983. 2. The petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Cha...... Ed. This Case is also Reported in: ...... appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now Joint District..Category: Property Law | Date: | Hits: 87
....ing pendency of the suit, cannot be affected only on the ground that they had come at a belated stage.
7. Considering the facts and circumstances of the present case, we think it would be just and proper, if the application for addition of party is allowed with cost and necessary direction for ex......- I agree.
Ed.
This Case is also Reported in:
......Hossain, Advocate - for opposite party No.17.
Civil Revision No. 3922 of 2010.
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of third party-petitioners, was issued to examine the legality of order dated 22.9.2010 passed by the Joint District Judge, First Court, Barisal in Title ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... Court and take any step for himself as well as for other defendants, of whom he was the tadbirker. They examined two witnesses and clearly proved the miscellaneous case, but the Courts below without proper assessment of evidence rejected the miscellaneous case and dismissed the appeal. 7. I have......nicate a copy of the judgment. Ed. This Case is also Reported in: ...... appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the District Judge, Gopalgonj in Miscellane..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....ing his business of herbal medicine there. After his death, his four sons inherited the suit land and were enjoying the same in ejmaili. Among them plaintiff No.1 was in management and control of the property. Later on there was an amicable partition between the said heirs and successors of late Ram...... lower Courts’ records. Ed. This Case is also Reported in: ......l Revisional Jurisdiction) Present: Md. Ruhul Quddus J Sree Binoy Krisna Saha and others...........................................Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 201..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....audit. (4) A bank guarantee equivalent to the amount of customs duty and sales tax or an undertaking secured for twice the amount of duties and taxes in such form as the Collector of Customs deems proper shall have to be furnished by the importer as security till the goods are exported. (5) Th......also Reported in: ......on making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner) t..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....of the procedure and system of recruitment the Government cancelled the recruitment and for such cancellation no notice of show cause is required. Hence the judgment of the High Court Division is not proper. 6. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the respondent has submitt...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......f appointment at Sterilizer and was appointed and as such he worked for long period as Sterilizer. 3. The appellants contested the rule filing affidavit-in-opposition stating that the authority illegally appointed persons including the respondent and after detection of the irregularities and bun..Category: Employment/Service Law | Date: | Hits: 155
....t. It was the further case of the defendant appellants that after passing the judgment and decree by the Supreme Court (Appellate Division) the plaintiff was ceased to retain any interest in the suit property and as such the defendant No. 1 and 2 were added as party in HRC case No. 224 of 1983. It w......n J. - I agree.
Ed.
This Case is also Reported in:
......dge framed the following issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant..
Category: Property Law | Date: | Hits: 113
....n brief, are that opposite party No.1 Md. Habibur Rahman instituted Title Suit No. 36 of 2002 before the Joint District Judge, Second Court, Dhaka for specific performance of contract in respect of a property (as described in schedule of the plaint) impleading one Surjat Ali, predecessor-in-interest......
This Case is also Reported in:
...... Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Su..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....Suit No.40 of 1991. 2. Plaintiff’s case, in brief, is that he had entered into an agreement with defendant No.1 Nogendra Krishna Kundu (herein opposite party No.1) on 2.4.1990 for purchasing the property as described in the schedule of plaint. The consideration was fixed at Taka 61,000/- (sixty......nd down the lower Courts’ records. Ed. This Case is also Reported in: ....... 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed by the Subordina..Category: Property Law | Date: | Hits: 76
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. 2. Facts leading to this civil revision are that the plaintiff-opposite party Nos. 1-31......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Wali Ullah…………………………………………………Petitioner Vs. Shaheda Begum and others………………………Opposite Parties Judgment March 14, 2011. Result: T...... 2518 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civil Procedure questioning the legality of order dated 17.5.1999 passed by the Additional District Judge, Dhaka in Miscellaneous Ap..Category: Civil Law | Date: | Hits: 130
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