Search Options
Judgment Advanced Search
Displaying 3221-3240 of 4866 results.
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... Advocate-on-Record-For the Petitioners. Syed Haider Ali, Advocate instructed by Syed Mahbubar Rahman and A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 2 of 2008. (From the judgment and order dated 29.10.2007 passed by th...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......the Code of Criminal Procedure could have been only challenged if at all under Section 439 of the Code of Criminal Procedure and not under Section 561A of the Code of Criminal Procedure. Moreover the trial court was satisfied on the basis of materials on record about a prima facie case against the p..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....opy of the judgment in Miscellaneous Appeal No.86 of 1987 arose out of the suit and came to know about the suit. The said ex parte decree is not binding upon the plaintiffs. The defendant No.1 has no right, title and interest in the suit lands, who forcefully dispossessed the plaintiffs from the 'Ka...... 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. ......the aforesaid judgment and decree, the learned Additional District Judge, First Court, Rangpur, who heard the 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 pro..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....t to have been executed on the date of registration of the sale deed and that after the execution of the sale deed, an unregistered agreement was created by the pre-emptee with a view to defeat the right of preemption. The Court of appeal below therefore held that the transaction is an out and o......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. ......ted on that ground. On appeal by the pre-emptor, the Court of Appeal below by judgment and order dated 27th May, 2006 allowed the appeal and also allowed the preemption case by reversing those of the trial Court. The Court of Appeal below observed that Ext.11 proved that the preemptor was a tenant h..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.... instituted Other Class Suit No. 191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the defendants have no right to cancel the same and for some other reliefs. The Suit was filed in the First Court of Joint ......ocate, instruct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 pas......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......estraining the defendant Nos.1 and 2 from allotting the suit Shop No.19 to any other person and not to deliver possession of the said suit shop to any other person except the plaintiff. 6. The trial Court on hearing the application issued an order asking the defendants to show cause within ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
.... requested the predecessors of the respondents Khapa Chand Bairagi to perform the religious rites of the deity. Accordingly Khapa Chand Bairagi performed the religious rites of the Deity residing right in the suit property. The S.A. Khatian was prepared in the name of the defendant-appellant and......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. ......in AIR 1967(SC) 1044 and the decisions of this Apex Court reported in 39 DLR (AD) 42 and 51 DLR (AD) 156. 16. It appears that the High Court Division while dismissing the appeal found that the trial Court rightly held that the suit property having been vested in the Deity Sree Sree Gopal Je..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....remises, stepped into the shoes of the original monthly tenants at a monthly rent of Tk. 70/- under original landlady Sm. Provabati Charterjee (said to be dead) and the petitioner having acquired the right, title and interest of said Provabati Chaterjee by auction purchase on 14.03.1955, the plainti......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......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......6; the appeal against said judgment was disallowed and that the S.A. No. 939 of 1967 was allowed by the Honorable High Court by Judgment dated 02.06.1983 and the suit was sent back on remand to the trial Court, which is said to be pending; that during pendency of the other class suit No.21 of 1956..Category: Tenancy Law | Date: | Hits: 185
....dents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
14. It appears that the High Court Division found that the trial Court rightly held that the petitioners had no right or interest in the suit property and therefore the ve......ucted by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners.
Mahrnudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-the Respondents.
Civil Petition for Leave to Appeal No.438 of 2009
(From the judgment and order dated 27.01.2009 passed by th......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......r the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
14. It appears that the High Court Division found that the trial Court rightly held that the petitioners had no right or interest in the suit property and ther..
Category: Property Law | Date: | Hits: 23
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....ual share and delivered possession to them and, ever since, they have been in possession and, ever since, they have been possessing their said purchased land for more than 12 years exercising their right of possession in different ways. Said Jan Mahmud sold 1 kedar of land described in schedule ......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. ......endant 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 lower appellate court in the appeal at the instance of the ..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the appellate court being the last court of fact rightly held that the plaintiff could not prove the case. 10. The appellate court held:- ......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...... 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as his legal heirs and successors. Munshi Imamuddin Dewan was an old man of 85 years who had practically lost sense of worldly affairs, as his wife died earlier, he was completely dependent upon his son Nuruddin Dewan and daughte......in presentee of the property and to confer it upon the donee. No such evidence was adduced moreover the document in question is a registered one and even the certified copy was not filed before the trial court. The High Court Division confused heba-bil-ewaz with heba and wrongly held that in order..Category: Property Law | Date: | Hits: 33
....and another.......Respondents (In Civil Appeal No. 289 of 2003)
Judgment
August 30, 2005.
Result:
The appeals are allowed.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B. Wright, 1980 Appeal Cases Vol. V (PC) 842; Megh Raj Vs. Ruchand Uttanm Chand, AIR 1946 Lahore, 280 (F......ু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......een observed "the modern attitude of the courts is that the revenue from taxation is essential to the running of the state, and that the duty of the judiciary is to aid its collection while remaining fair to the subject".
43. From Respondents' side it was asserted that PSI Agency renders servic......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......tion 10 The Emergency Power Rules, 2007, Rule 11(2) The appellate Division will not interfere with the decision of the High Court Division if the later has followed the observations made by the former in another Case of the similar subject matter. Bail may be granted when the accused has se......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......8 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ord- For the Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By ....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ppeal No. 328 of 2003 filed against the judgment and order dated 5.5.2003. Thereafter the said opposite party No.7 on 19.5.2003 deposited tk. 1,65,000/- through Chalan and filed an application in the trial Court for adding him as co-applicant, which was rejected, since no deposit was made in terms a..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....n the schedule of the plaint are collusive, forged, fraudulent and without consideration and have been created by false personification and for further declaration that through the aforesaid deeds no right, title and interest of the plaintiffs have been affected in the suit land stating, inter alia,......cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......the basis of those kabalas and the mutation case was contested by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The trial Court on consideration of both oral and documentary evidence dismissed the suit. On appeal bei..Category: Property Law | Date: | Hits: 34
....992 to be barred by limitation.
9. T. H. Khan, the learned Counsel on the other hand submitted that the plaintiff appellants had the knowledge of the settlement and therefore the courts below were right in holding that the suit is barrel by limitation because the suits were not filed within 3 yea......rs were in possession of the case land set aside the above order dated 12.01.1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No. 96 of 1984 before the Board of Land Administration and after hearing the same was dismissed Shihamul Haque then f......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......d in the above suit the defendant Nos.1(a)-1(d), the heirs of Shihamul Haque also filed written statement making averments similar to in their written statement filed in Title Suit No.16 of 1992. The trial court by judgment and decree dated 16.02.1995 dismissed both Title Suit Nos.16 and 25 of 1992...
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......ad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Advocate-on-Record-for the Petitioner. Rafique-Ul-Huq, Senior Advocate (with Ahsanul Karim, Advocate), instructed by......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......25(B)(2) of the Special Powers Act read with rule 19 (Neo) of the Emergency Power Rules, 2007. 5. Thereafter, the case record was transmitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was registered as Special Tribunal Case No. 544 of 2007. The said Tribunal by order dat..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... judgment is liable to be set aside; that imposition of duty on the basis of tariff value determined by executive order creates restriction on freedom of trade and thereby violated the fundamental rights of the petitioner to carry business as guaranteed by Article 22 of the constitution and as s...... Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 293 of 2006. (From the judgment and order dated 28.11.2005 passed by......ice that the imposition of the duty on the basis of Tariff value pursuant to notification No.67/99 Customs dated 01.02.1999 is arbitrarily and has no objective basis and does not reflect the fair price of the imported goods in the international market and as such the impugned judgment is l...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....ement of the property was declared by decree passed by Subordinate Judge 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Sebayet. The C.S. record was rightly prepared and published in the name of Roy Bahadur Karuna Das Bose on behalf of the deity Sre......d- For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 200......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......recovery of khas possession so far it relates to C.S. Plot No.94. That suit was dismissed on contest on 23, 03.1931 but the findings were in favour of the plaintiff as regards to C.S. Dag No. 65. The trial Court observed that plaintiff purchased some lands within the certain well defined boundaries ..Category: Tenancy Law | Date: | Hits: 214
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....s year to year to the said Mirashdars and obtained cheque forges thereof and being in possession of the suit land, the plaintiff constructed houses thereon though her bharatias on the basis of the right of adverse possession acquiring title and possession thereof and during the last survey, the ......te-on-Record-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......pendent finding on merit of the suit but merely relied upon the findings of the Court of appeal passing the judgment of reversal without adverting to the material findings and reasoning of the trial Court as to possession of the plaintiff-petitioners in the suit land with reference to ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....t his residence and after the death of Nosibullah said defendant No.2 stayed for sometime in the said house and thereafter the said defendant No.2 along with his father left the house giving up his right, title and interest in the suit land and started living at village Sridharpur, about 5 miles......the Petitioner. Shorful Islam Khan, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 241 of 2008. &n......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... 5. Are the plaintiffs entitled to get decree as prayed for? 7. The plaintiffs examined three witnesses and the contesting defendants also examined three witnesses. 8. The trial Court on consideration of the oral and documentary evidences on record and the submissions of..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. The trial court decreed the suit in preliminary form by judgment and order dated 30.11.1994 giving saham..Category: Procedural Law | Date: | Hits: 105
35873585358435833582358135753568356635613556355135503549354835463542353835373535