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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....ha) instituted Miscellaneous Case No. 15 of 1999 before the Assistant Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner p......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ...... with the amount he received as an advance. The plaintiff replied stating that the report of the Assistant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The committee did not inform him the date an..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... such, "it is unsafe to infer that defendant No.2 had knowledge about the date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant..Category: Civil Law | Date: | Hits: 112
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......of the customs authority ICD, Kamalapur, Dhaka for assessment of the customs duty of the imported goods of the petitioner on the tariff value. 5. The High Court Division discharged the Rule holding that the petitioner is liable to be fixed up with tariff value on the goods prevalent at th..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......t there is an element of 'must' as regard the question of bonafide requirement of the premises in suit by the plaintiffs. The High Court Division also held that the trial Court was quite correct in holding that the defendants are defaulters in the payment of rent. 6. Leave was granted to c..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......defendant No.1. Plaintiff because of the provision of section 4 of the Partition Act cannot be allowed to come on the land forcibly purchased by him that the appellate Court was in serious error in holding "the suit land is not the part of dwelling house of an undivided family". ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......tors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and 85(3) of the Companies Act 1994, which was registered as Matter No. 106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No. 2,hereinafter referred to as the comp..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......(3) Ataur Rahman Sani and (4) Abdul Awal, the evidence of prosecution witnesses already mentioned above may be referred to. P.W 2 Anisur Rahman, as already noticed, in his evidence clearly proved the holding of a meeting held at the house at Rupatali Laldigirpar Mridha Bari before the occurrence att..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ed trial Judge considering the evidence of D.W1 held as follows- Bangla 20. As it appears, the learned trial judge allowed the claim of the respondent No. 1 for Taka 3, 80,000 against staff salary holding as follows: Bangla 21. The leaned trial judge allowed the claim of the respondent No.1 fo..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......he case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc. case, inter alia..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......sional statements recorded by a Magistrate on 25.12.81. The said confessions were not proved formally by examining the Magistrate who recorded them. Even so the High Court Division was justified in holding that under section 80 of the Evidence Act, the Court was entitled to presume that the docume..Category: Criminal Law | Date: | Hits: 49
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......olling station shall be located in any such premises as belong to, or are under the control of, any candidate." "9. Notification of days of different stages of election. — (1) For the purpose of holding an election, the Upazila Nirbahi Officer or the Deputy Commissioner, as the case may be, s..Category: Election Law | Date: | Hits: 163
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......gment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that once an income (such as the salary of the Judge in the instant case) was taken out from..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
.... date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because the non-agricultural land which he was holding since 1939 was not 'comprised in any tenancy'. The question o......m for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....on the Ext.4 (the heba deed) by which Izzatulla Chowdhury transferred certain land to Tofazzal's son and also took into consideration the document by which Izzatulla Chowdhury transferred some agricultural land to Tofazzal Hossain's wife. The view as to the nature and character of the Ext. 1.......1, the trial Court should have held that Ext.1 is a valid document and the same was duly acted upon, that the trial Court upon taking into consideration transaction made by Ext. A was in error in holding that Ext.1 was not a bonafide deed of transfer and that it was not acted upon, that taking ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... accused and being aggrieved the accused respondent filed the above Criminal Appeal No. 1519 of 1994 and the High Court Division by the impugned judgment and order dated 5.5.2003 allowed the appeal holding that in the instant case the trial held under the Ordinance 1983 by the learned Special Tr..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ...... question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. 4..Category: Property Law | Date: | Hits: 33
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......lder in terms of Section 33(5) of the Artha Rin Adalat Ain, 2003 which was not followed in the case of the petitioner. 3. He further submits that the High Court Division erred in law in holding that the Artha Rin Adalat can shift dates for selling the property, inasmuch as the Ar..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....to the appellant by re-opening the case of earlier settlement given in favour of plaintiff-respondent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been execut......rs dated 21 October 1979 and 22 May 1982 were illegal. Consequently he decreed the suit. 5. Defendant No.6 preferred an appeal and the appellate court set aside the decree of the trial court holding that the plaintiff acquired no title to the disputed land on the basis of his unconcluded ..Category: Property Law | Date: | Hits: 35
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