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Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm......in suit has been prepared and finally published within the meaning of Section 43 of the East Bengal State Acquisition and Tenancy Act, 1950, and the plaintiff's right to possess and manage the said properties has not been affected by the publication of the compensation assessment Roll as cla..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....rted in: II ADC (2005) 380. ......gh Court Division against the said money decree and it was registered as F.A.T. No. 177 of 1996. The Taxing Officer of the High Court Division detected that the plaintiff decree holder did not pay proper court fees in the trial court and accordingly by a report dated 8.5.96 the Stamp Reporter of..Category: Civil Law | Date: | Hits: 87
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
.......Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......minor sons but the defendant refused to accept those. The further contention of the plaintiff is that the defendant and her father has no capacity to educate and to maintain the two minor sons properly. Therefore, on 08.01.1998 the plaintiff sent his mother and cousin to bring his sons ..Category: Family Law | Date: | Hits: 161
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....37 DLR (AD) (1985) 216. ......be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ...... disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this central question the pre-emption case cannot be disposed of properly. …………………(5) Since the learned Cour..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....l) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 19...... 1968 in part of the plot No.1210, when he promised to help the defendants in their litigations. The defendants also brought T.S. No. 83 of 1967 when plot No.1210 and suit land were declared as enemy property and they got decree in the year 1969. The plaintiff took the responsibility of land acquisi..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....7 DLR (AD) (1985) 193. ......? Mr. T.H. Khan contends that mere title “barga” of the kabuliyat is not sufficient to draw an inference in favour of a barga settlement, and that determination of the issue depends on proper construction of the document. We have considered this contention and find that excepting the..Category: Property Law | Date: | Hits: 55
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Caus...... this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional application under section 25 of the Small Causes Courts Act is legal and proper. The impugned order is dated 16 January, 1984 in Civil Revision No.121 of 1983 of the High Co..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......reasonable doubt." Per Shahabuddin J.- who observed: It is necessary to place the defence version and its supporting evidence and circumstances in juxtaposition to the prosecution case for the proper estimation of the extent to which the charges may be held to have been proved, as is it to ex..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....) (1985) 164. ......Division, that the holding in question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper consideration of, the evidence on record. 2. The impugned order of the. High Court D..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... (AD) (1985) 145. ......ly, the trial court by its order dated August 15, 1981 appointed one Mujibur Rahman Khan. Project Engineer of the firm, who was in charge of the contract work as Receiver in respect of the assets and properties of the firm and for carrying on the incomplete work with the employees of the firm ac..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t......he Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. Facts are as follows:—On 22.6.84 the Superintendent of Drug lodged First Infor..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases......pany, purchased the entire assets of the defendant company in 1959 and was, therefore, joined as a defendant in the suit. 3. On 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk...Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......o have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property published in the Bangladesh Gazette on September 23, 1986 to be illegal and is of no legal ..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he......epublic of Bangladesh, and perform their constitutional duties and obligations as and when it is held and/or to pass such other or further order or orders as to your Lordships may deem fit and proper. and Pending hearing of the Rule the respondent Nos.1-2 be restrained from mak..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis...... cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage" along with some income derived f..Category: Fiscal/Taxation Law | Date: | Hits: 102
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......In the earlier part of Magh, 1371 B.S. plaintiffs becoming apprehensive of the prevailing tension among the Hindus took shelter in the house of the defendant. Plaintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title ..Category: Property Law | Date: | Hits: 38
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition......g of the injuries if caused by Those accused lathi and thus the prosecution hopelessly failed to prove the charge under section 302/34. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..Category: Criminal Law | Date: | Hits: 38
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell...... 4. Syed Humayun Kabir Khadem; learned Advocate, appearing for the petitioner submitted that admittedly the plaintiffs are the heirs of the original owner and that they have claimed the suit property by way of inheritance; that the plaintiffs are in possession of their land measuring an ar..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......re duly approved by the respondent No.1 in the year 1982. 3. All the petitioners possessed the shops peacefully as allotted in their name since erection of the building by paying salami and proper rent. Although the plan was passed in the year 1982 by the then Dhaka Improvement Trust for ..Category: Property Law | Date: | Hits: 38
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