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Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ......learned Subordinate Judge (now Joint District Judge), 1st Court, Dhaka in Title Suit No.279 of 1970 is collusive, fraudulent, ineffective and the same is not binding upon the plaintiff and the suit land has not been acquired in L.A. Case Nos. 62/1964-65 and 14/1965-66 by the defendant No.4. The ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......se No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possessed by the respondents herein in connection with ext..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... in suit, they are constrained to file the suit. 4. The suit was contested by the defendant No.1 and the defendant No.3. It is the case of the defendant No.1 that his predecessor Badal took settlement of the land in suit from the landlords who settled the land by an Amalnama dated Magh 17......of the Court of Munsif (now Court of Assistant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land ..

Category: Property Law | Date: | Hits: 28

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity 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 (2009) 525. ......d 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declar­ing that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that the petitioners, as plaintiffs, filed the above suit for ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....h Court Division and other connected papers on record. 8. The High Court Division held that the trial Court and the appellate Court concurrently found that the plaintiff could not prove the settlement from Keder Nath Brahma and Nagendra Nath Brahma to Jogendra Nath Brahma by amalnama of t......ore the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now Joint District Judge), Pabna stating, inter alia, that the suit land appertaining to C.S. Khatian No.133/2 of Mouza Bhatpara under police station Sujanagar, Distri..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....here 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: VI ADC (2009) 519. ......properties. But the Circle Officer (Revenue) Nachole, the proforma defendant No.3, held that the properties of the plaintiff and also his father, the profor­ma defendant No.2, are actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess an..

Category: Property Law | Date: | Hits: 26

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......eafter, he was promoted to the post of Superintendent and was serving in that capacity to the sat­isfaction of the concerned authority. The appellant had to go home on account of resolving his land disputes and according­ly he filed an application for leave from 3.4.1993 to 28.4.1993 and..

Category: Administrative Law | Date: | Hits: 159

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The resp..

Category: Property Law | Date: | Hits: 24

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

....ere 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: VI ADC (2009) 488. ......ion of plaint. 2. The respondent No.1, as plaintiff, insti­tuted the above Title Suit No.79 of 1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and wh..

Category: Procedural Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the con­struction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. Abu Siddique and others, that land of C.S. ..

Category: Property Law | Date: | Hits: 28

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....ct decision and 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: VI ADC (2009) 469.......ict Judge Court No.1, Rangpur in Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for parti­tion of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 p..

Category: Property Law | Date: | Hits: 42

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ...... 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the p..

Category: Property Law | Date: | Hits: 34

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......he court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and  permanent injunction on the allegation, inter alia, that the land measuring 162.58 acres of land appertaining to C.S. Khatian No. 294 belonged to Kalachand Gazi..

Category: Property Law | Date: | Hits: 22

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....o.1 paid the rent of 1389 B.S. But the possession of the dis­puted fishery could not be delivered to respondent No.1 because of some litiga­tion and the Government subsequently revised the settlement order stating that the previous lessees would hold the dis­puted fishery up to 1392 ......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..

Category: Civil Law | Date: | Hits: 101

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......95 arose on a First Information Report dated 11.11.1993 with local Alamdanga Police Station and the prosecution case, inter alia, was that the young brother of informant used to borga cultivate the land belonging to Saleha Khatoon and planted B.R.H. paddy. At 11.30 A.M. on 11.11.1993 accused Mono..

Category: Criminal Law | Date: | Hits: 35

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......nd judgment of the High Court Division is dated 9 January 1986 in Crl. Appeal No. 5 of 1983. 2. Facts leading to appeal are the fol­lowing: In connection with the reaping of paddy in a land of Informant Mir Asmat Ali (P.W.1), a shalish was held in his in his house in village Harogach..

Category: Criminal Law | Date: | Hits: 44

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ...... in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the suit pathway to be in existence for over a century over which the owners of adjacent lands had been enjoying the easement right uninter­ruptedly, continuously and peacefully, the s..

Category: Procedural Law | Date: | Hits: 64

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......al Mollah (substituted by his heirs and succes­sors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the suit land originally belonged to him. Defendant No. 1 had been residing in his house as a Jaygir since ..

Category: Property Law | Date: | Hits: 34