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Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... mutated in SA Khatian No.406 in place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Depu......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
.... by paying rent. The defendants No. 24-36 and 38 who were the heirs of Mobarak Mondal and Ebad Mondal also filed a joint written statement praying for separate saham by way of inheritance denying the claim of the defendant Nos. 1-8 and 12. Their case is that they are owners of the lands in CS khatia......ham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....rt, Dhaka for trial. 9. At the trial on 13.04.2003 charge was framed under Sections 302/201/34 of the Penal Code and the same was read over to the petitioner in which he pleaded not guilty and claimed to be tried. 10. At the trial on behalf of the prosecution 8 (eight) witnesses were......vocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 of 2008. (From the judgment and order dated 11.11.2007 passed by th...... which he stated that his mother Monowara Begum alias Sanowara Begum would work at residence of a Canadian family for 7 (seven) years and they took her to Kuwait. The victim would sent all the earned money to the petitioner's maternal grand father and he purchased 13 decimals of land at Savar. H..Category: Others | Date: | Hits: 83
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
.... said appeal by judgment and order dated 28th November, 2002, reversed the findings of the trial Court and dismissed the suit. The Court of Appeal below held that the plaintiffs failed to prove their claim that the tenants Doyel Bibi and others surrendered possession in favour of the plaintiffs' lan...... Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed b......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
.... No.1 of 2004(Preemption). 2. Respondent Nos.1 and another instituted the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of th......n-Record-For the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 p......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....y mutating the suit property in the name of the Deity. But the defendant-appellants raised an objection for cancellation of the said mutation case before the Assistant Commissioner (Land), Keraniganj claiming their title in the suit property and that Mutation Case No.1052/84-85 was restored; that ......suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 1......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....e right, title and interest of said Provabati Chaterjee by auction purchase on 14.03.1955, the plaintiffs/respondents are estopped by law under section 115 and 116 of Evidence Act from setting up any claim of title and/or denying the petitioners title in the said property; that the claim of the plai......by Mrs. Sufia Khatun, Advocate On-Record-For the Respondent No.1 (In Civil Appeal Nos. 94-95 of 2005). Not Represented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgme......into a sale agreement for purchasing the suit property at a sum of Tk. 15,000/- executed by the Constituted Attorney of defendant No.1 on 22.05.1957 and a sum of Tk. 4000/- was paid to him as earnest money, that Md. Yousuf would continue to pay rent till Kabala is registered; that thereafter, plain..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... neither grant the desired exemption nor gave any reply to the above application and on the other hand started Money Execution Case No. 151 of 1992, even though the period of filing the same expired, claiming TK.2,99,12,751.90 from the respondents and then attached not only the cargo vessels but als......ed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the re......he respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating the two cargo vessels proposed to be purchased with the above loan money and also upon equitable mortgage of the landed properties owned by the respondent No.2 but d..Category: Banking Law | Date: | Hits: 98
....rty mentioned in the writ petition after getting a certificate from the Court under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the price assessed was at Tk.8 lacs which was deducted from the claim of the plaintiff bank and therefore the High Court Division committed no illegality in disch...... 2009.
Lawyers Involved:
S. N. Goswami, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 520 of 2009.
(From the judgment and order dated 03.03.2009 passed by ......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by ......titioner subsequently made a representation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the offered lease money amounting to Tk. 10,400/- as security deposit. 8. The Deputy Commissioner, Kishoregon..Category: Property Law | Date: | Hits: 26
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......ecord-For the Petitioner.
Golam Kibria, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2.
Not represented-Respondent Nos. 3-6.
Civil Petition for Leave to Appeal No. 504 of 2009
(From order dated 27.08.2008 passed by the High Court Div......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....as finally recorded in the name of the plaintiffs and proforma defendant Nos.39-47. In the manner as stated the plaintiff and his co-sharer were owning and possessing the suit land. Defendant No.1 by claiming the suit land of his own gave threat to dispossess the plaintiff from the suit land which c...... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
....that may be caused by any narcotics items whatsoever. So the Government stance on the Products in question is not at all violative of the constitution of the county. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation o......t the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004 making the Rule absolute.
2. Respondent Nos.1 and 2 filed Writ Petition No.6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant license in favour of......of the fees/charges under the law and also to grant permit or pass to dispose of the unsold stocks to the licensed dealers.
6. In support of the petition it was submitted that mere investment of money and setting up a factory does not acquire the vested right to obtain a Brewery license. Becaus..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......m, Advocate-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Di.......30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to t..Category: Limitation Law | Date: | Hits: 154
....t giving benefit of pension and gratuity etc. and it is alleged that he had lastly submitted an application to the authority, namely the Chairman of Bangladesh Water Development Board on 17.06.1995 claiming all benefits to which he was entitled as a permanent and regular staff for the entire per......s appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giving benefit of pension and gratuity etc. and it ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....share of the schedule land is owned and possessed by defendant Nos. 1-40 and the plaintiffs or their predecessor has or had no title to or possession therein and, as such, the contesting defendants claimed for dismissal of the suit with costs. 6. The trial court dismissed the suit while the low......nate Judge, 1st Court, Sylhet in Title Suit No.31 of 1986 dismissing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for declaration of their title to the land described in 2nd schedule which is part of 1st schedu......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......f 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for further declaration that the Heba-bil-Ewaz deed No.37......ing upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building thereon. While Md. Sadeq was in possession of such land he..Category: Property Law | Date: | Hits: 33
....t of the PSI agencies, that the service rendered by the PSI agencies is not extra-territorial and that the PSI agencies render service in Bangladesh and submit bill to the authority in Bangladesh claiming fees and commission in terms of Taka and that the payment for the services render by the PS......ুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) communicating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Agencies (PSI) as (জরিপ সং......the Second Schedule and "অন্যান্য সেবা" as in paragraph 7(ঘ) of the Second Schedule of the VAT Act, that as the PSI Agency renders service to the Government against public money the service falls within the scope of item (ঘ) of paragraph 7 heading "অন্যান..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....ss and the defendant Bank in order to realise its outstanding loan from the plaintiff industry filed Artha Rin Adalat Suit No. 10 of 2006 now pending in the Court of Artha Rin Adalat, Barisal and the claimed amount of Bank is Taka 1,83,78,309 and the suit is otherwise ready for hearing but the plain......-For the Petitioners. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2274 of 2008. (From the Judgment and Order dated 26-10-2008 passed by......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....of the imported goods for the assessment of customs duties and the customs authority would also be required to afford an opportunity to the importers to place their cases, if any, in support of their claim that the invoice value, in fact, is the normal price of the imported merchandise for the purpo......l value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 ...... made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terminology. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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