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....f the Port Authority and the contents of the 3rd schedule of part IV at page 98 of the Port Act, BP Khatian No.4, etc. and that also upon hearing the respondents who in spite of their repeated taking time for producing papers in support of their claim in respect of the land ultimately did not produc......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
......................................................(10)
When a pre-emptor is coming to the Court to exercise his right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy duty is cast upon him to prove his alleged knowledge about the impugned transfer by mo......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
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Category: Property Law | Date: | Hits: 78
....nd threatened to oust him possession by sheer force and under threats of imminent forcible dispossession he was constrained to pray for yearly lease of the suit property under protest but at the same time he filed an application before the appropriate authority for releasing the suit property from t......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....f the Chapter where it finds place, if we refer to section 50 we find that the section has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, property, time and manner, in which the enrolment is to be made and in this context section 50 authorises the ......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....oks (1888) 21 Q.B.D. 52 (59) that both words "accrue" or "arise" are used in contradistinction to the word "receive" and indicate a right to receive. They represent a state anterior to the point of time when the income becomes receivable and connote a character of the income which is more or less ......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
....n issued without lawful authority and also praying for direction upon the respondents to give approval to its outer campuses at the said two places. Rule was issued in the terms as prayed for. At the time of issuing the Rule, operation of the impugned Memo dated 25.10.2009 was stayed.
3. The case......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
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Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ......ing of bail cancellation of the same rests primarily on the discretion of the Court on the facts and circumstances of the each case. The facts, however, must be carefully balanced and weighted in the scale of justice. In the instant case the police forwarding dated 28.03.2011 and remand report dated..Category: Criminal Law | Date: | Hits: 68
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....rer and he is still his possession of the same and his name has been recorded in last SA Khatian No.1090 and thereby he became co-sharer of the case land and it is only on 12-1-1998 he, for the first time, came to know that the respondent No.1, on 16-4-1998, purchased the case land from the pro form......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....4). Judgment Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of considerable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated under ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....to be used for the purpose of contradicting him." "157. In order to corroborate the testimony of a witness, any former statements made by such witness relating to the same fact at or about the time when the fact took place, or before, any authority legally competent to investigate the fact, m......-chief may be, it must be read subject to all qualifications, however, dishonest, which a witness introduced in his cross-examination, we would be paving the way for miscarriage of justice on large scale and encouraging the accused persons in this country and their relative to purchase from the pr..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....h of his purchase by the kabala dated 11-7-63 which got no legal basis. 4. A second appeal was preferred against that judgment - S.A. No. 220 of 1963 in which a contention was raided for the first time that the transfer by Delaney Estate to the plaintiff under the kabala dated 1.8.59 was hit by s......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... dispute. The only question is whether in the absence of necessary amendment of Muslim Family Laws Ordinance, 1961, Arbitration Council as contemplated in the said Ordinance was in existence at the time when the second marriage of the respondent was solemnised? Section 6 sub-section (5) are in t...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....alue of Tk. 21,49,843/-. Which was not shown in its return, appeared and submitted its inability to produce the Books of Accounts and other documents as those could not be traced out due to laps of time. 3. The Income Tax Officer then assessed tax summarily under section 23(4) of the Income Ta......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....ting aside the aforesaid ex parte decree stating, inter alia, that summons of the suit were not served upon them and those were suppressed and that they learnt about the ex parte decree for the first time on 21-4-74 when the plaintiff-respondents went to take possession of the suit lands through Cou......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....ession of the proceeding land. Treating the written statement as an application under sub-section (5) of section 145 of the Code the learned Magistrate fixed a date of hearing of the case. In the meantime the Police Officer of Chakaria Police Station submitted a report stating that there was no appr......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....vernment haying subsequently acquired title to the said lands, the law of estoppel would apply and that the Government would be estopped from asserting that it had no title to the said lands at the time when the settlement was granted. The learned Judges, of the High Court Division negatived the......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....e 468 of the Report: “Their Lordships, however, desire it to be understood that they do not hold that the property absorbed by a Sea or a River is, under all circumstances and after any lapse of time, to be recoverd by the owner. It may well be that it may have been so completely abandoned as t......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....hange in the nature and character of the suit. For example, as in the present case, a simple suit for declaration of title to the suit land was converted following an alleged dispossession in the meantime, into a suit for recovery of possession by amendment. Can it be said that by adding a new praye......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
...., now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....ed Advocate has relief upon the case of Abdul Huque Vs. State reported in 60 DLR (AD) 1. He submits that the accused-petitioner shall get sufficient opportunity to place his grievance, if any, at the time of taking cognizance as well as framing of charge, when it would be possible to examine investi......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
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