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.... one. Moreover, the learned Arbitrator in his judgment has elaborately held that the OP No. 1 has claimed that it has considered the sale figure of 103 sale deeds in assessing the compensation of the disputed land but the sale figure is not filed and proved. So, it is not proved that sale figure is ......being proper and reasonable.
6. Against the said judgment and order, the appellant filed Arbitration Appeal No.4 of 1992 before the Arbitration Appellate Tribunal, Narayanganj, which was dismissed holding that the compensation assessed it about three times less than the sale figures shown on five..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
.... This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts are not disputed. Respondent No. 1 as plaintiff on 21-5-1986 instituted the suit in the Court of the Subordi......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....etermining the question raised by the Assessee before the Appellate Tribunal and they could decide the issue simply by referring to the return filed by the assessee which is already on record and not disputed by the revenue. 5. Accordingly, we answer the first part of question No.2 in the affirma......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....rong in going to decide the title of the parties. In support, he cites decision in the case of Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abu Razzak, 16 DLR (SC) 287. 7. Facts are not disputed. Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 on 16-5-87 by a re......led to prove that they were bona fide purchasers for valuable consideration. We could not find any evidence of their bona fide in the purchase. The execution Court also does not appear to be wrong in holding that they failed to prove passing of any valid consideration. In the circumstances, their po..Category: Property Law | Date: | Hits: 27
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....limannessa and burial in Mohammadpur on 10-3-1975, but also disbelieved that evidence adduced by the respondents in its entirety, the inconsistencies in the evidence as to their possession of the disputed house till June 1974 were pointed out and it was observed that by resorting to tricks to fa......-2-1972 which means that their evidence as to alleged possession of the disputed house till June 1974 was also disbelieved. That being the position the High Court Division was not at all justified in holding that the Court of settlement filed to taken notice of the evidence of the respondents as to ..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ot Nos.19 of 89 and the plaintiff and his co-sharers have no right, title and inter in the land of plot Nos.19 and 89. A large number of defendants claimed separate saham for their shares in the suit holding. 4. Leave was granted to consider the submissions of the learned Counsel for the appel..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......lated under Order XXXII, rule 15 and render a clear finding that the person concerned by reason of his infirmity, either physical or mental, is incapable of protecting his interests, in the suit. The holding of such an enquiry is thus inescapable and consent cannot vest jurisdiction in court to disl..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......on presentation of a written statement. 8. Plaintiff-petitioner on 26-5-1985 presented an application for Local Investigation under provision of Order 26, rule 9 of the Code of Civil Procedure for holding Local Investigation by a survey knowing Advocate of the Court on the following points: (a..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......hout making a further prayer for declaration of title and confirmation of possession in the suit land. 13. He submits that the learned Single Judge of the High Court Division is in error of law in holding that the judgment and decree passed on 24.05.1998 in Title Suit No.51 of 1997, exhibits 12 a..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......it is supported by registered document which is more than 50 years old, and hence the petitioner had no reason to refuse the summons. He further submitted that the court below committed an error by holding that the summons was duly served merely on the service return which under the law ought to h..Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....d by the learned Sessions Judge, Narail for trial till the court had passed the order rejecting the said application on 30.3.87, only 83 working days had passed. The petitioner on the other hand” disputed this calculation. He submitted his calculation sheet as in the petition. 9. According to......ce Station alleging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and others went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached in front of the house..Category: Criminal Law | Date: | Hits: 30
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......y notification in the official Gazette, are nevertheless enforceable under the writ jurisdiction of this Court, if any Rules of 1976 are violated. The Appellate Division has gone to the extent of holding that a writ petition may be founded on the allegation that the petitioner was removed from s..Category: Employment/Service Law | Date: | Hits: 80
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......Director General of Bureau of Anti.Corruption is not supposed to hold any investigation himself. So, the prayer should have been to issue a direction upon the respondent No. 3 for taking steps for holding such investigation. In any case, the fact remains that the petitioner prayed for giving a ..
Category: Anti-Corruption Laws | Date: | Hits: 178
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision 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: 18 BLT (AD) (2010) 465. ......n all the leave 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 25.9.95 and the victim made his dying declaration on 27.9...Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ...... his cross-examination that although the informant mentioned in the first information report that he could not identify the dacoits but would be able to identify them if shown, he did not arrange for holding any TI parade of the dacoits. The PW 10 also admitted that he did not search the house of an..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......ospital. 13. PW 8 is Md. Abdul Motin. He was the SI of Police on 30‑4‑94 and he was serving as such in Sathia Police Station and at about 6‑15 AM on that day he prepared inquest report after holding inquest on the dead body of Rajab Ali identified by PW 1. He proved the inquest report as Ex..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....g necessary papers to them fixing 30.04.1980; that the parties took time for supplying necessary papers and the Arbitrators extended time fixing 30.05.1980, 30.06.1980, 30.10.1980 and 30.12.1980. The disputed lands were measured on 20.02.1981and thereafter the award was written on 04.05.1981 dividin......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
.... Suit No.17 of 1992 and dismissing Title Suit No.14 of 1992 declaring right of easement of the plaintiff petitioner over the suit path way and the defendants were directed to dismantle and remove the disputed wall within 60 days. 4. Against this judgment two appeals were preferred by the opposite......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......r it to be of temporary nature or necessarily give rise to inference that work is likely to be finished within limited period. Thus, mere appointment on a temporary basis is not the sole criteria for holding the work as temporary one. In the instant case the respondent Howladar has been serving for ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......in transferred to the court of the Assistant Judge, 4th Court, Dhaka and renumbered as Title Suit No. 62 of 1996. The plaintiff-opposite party prayed for appointment of an Advocate Commissioner for holding local investigation for allotment of saham which was allowed and the Advocate Commissioner a..Category: Property Law | Date: | Hits: 32
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