Search Options
Judgment Advanced Search
Displaying 3301-3320 of 3988 results.
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ply the appellant filed a certified copy of the proceedings before the S D O for release of the properties and a copy of the enquiry report made by the Director, N S I., Dhaka, with regard to the claim of the appellant. In the midst of the Hearing of the Writ petition the appellant filed a sup......scharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary t......ter dated 1.11.84 (Annexure VII to the affidavit-in- opposition of respondent No.4). Respondent No.4 deposited a sum of Tk.1,17,108.56 on 9.11.1985 being the first instalment of the consideration money and had also deposited first instalment of arrear rents amounting to Tk. 91,000/-on 2.11.1985...Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....n dispute an injunction cannot be granted. Firstly it is yet to be decided whether the plaintiff in the present suit has got any personal interest in the subject matter of the suit inasmuch as he, claims to be Finance Director of the Society. 19. Moreover, even if an applicant is found t...... The Code of Civil Procedure, 1908 (V of 1908), Order VII, rule 11 The Specific Relief Act, 1877 (I of 1877), Section 56(K) The bar of section 56 (K) of the Specific Relief Act for non-production of document under Rule 14 of Order VII CPC has no manner of application in consi......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....may arise, and the decree-holder may be put to the trouble and expense of taking all the proceedings over again. Other decree-holders may come into existence in the meanwhile, and may claim rateable distribution in certain cases, or the property may be transferred, and the questi......the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....ent of Central Excise, Lyallpur Vs. Ch. Faqir Muhammad reported in 10 DLR (SC) 168 in connection with his submission that in the matter of condonation of delay in filing the appeal Government can not claim special treatment and thereupon cannot get the delay which is gross, as in the instant case, c...... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....984 and got receipts. The High Court Division also observed that the plaintiffs' had filed their title suit after the filing of at least three S.C.C. suits by Shaiblini Ghose denying her title and claiming their own title in the suit land and therefore" we hold that in view of the decision ......; A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmati......rds had threatened to evict them from the suit land whereupon they attorney to the said landlords or paid rent to them except that they purchased the suit land when the landlords being in .need of money offered to sell it to the plaintiffs. There being no evidence at all in support of the p..Category: Property Law | Date: | Hits: 106
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
.... 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his...............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea......lity. 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 cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....h the subordinate Courts may exercise it is competent to entertain all actions as a Court of original jurisdiction which may lie in any Court in that State. The Court held: For this exalted claim, there is no warrant in our jurisprudence. Jurisdiction of a Court means the extent of the au......What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zahir, Senior Advocate, (Dr. A. K. M. Ali, Advocate with him) instructed by Md. Altab Hossain, Advocate-on-Record-for the Respondent No. 1 Not Represented-Respondent No. 2 Judgement: &nb......proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to invest the money as required for his becoming 30% share holder then the said percentage of share was reduced t..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......espondent Judgment November 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by......ying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along with a bag wherein the money was kept and on the basis of aforesaid allegation said Md. Farooq Hossain lodged First I..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......nbsp; Syed J. R Mudassir Husain CJ .- This Appeal by leave at the instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District......der the Provision of Section 7(2) of the Ordinance. He argued that in the instant case admittedly a fund of Tk. 50,000/- was provided by the Upazila Development and Co-ordination Committee from the money obtained by leasing out the bazar and it is mandatory to spend 15% of the money obtained by s..Category: Election Law | Date: | Hits: 108
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....y name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the defendant No.1 of having the land in suit by deed of gift is false and the deed ......led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....prosecution failed to establish the case beyond shadow of doubt and both to courts below considered the evidence and correctly came to the finding that the prosecution failed to prove the case. The claim of having dying declaration of the victim appears to have been considered by the High Court ...... Not represented-Respondent No. 1(In Criminal Petition No, 189 of 2003) Not represented-Respondent Nos. 7 &8 (In Criminal Petition No. 190 of 2003) Criminal Petition for Leave to Appeal Nos. 189 & 190 of 2003 (From the Judgment and Order Dated 26.11.2002......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....r muhh dekhi nai. Ami ashamider pechon hoite dekhiachilam. Ami ashamider pechone kichudur giachilam. 9. The evidence of P.W 1 therefore, on the fact of it, does not inspire us to believe his claim of recognition of the accused. P. W 6 Kazi Abu Kayum nephew of P.W 1 is other witness who cl......er dated 26.11.1991 convicted the appellant Moniruzzaman Kazi @ Thanda Kazi and Sarwar Hossain Mollah @ Chhore Molla under section 326A of the Penal Code and sentenced both of them to imprisonment for life and to pay a fine of TK. 10, 000/- each in default to suffer rigorous imprisonment for 1 (......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....969 and got delivery of possession and since then he has been possessing the same. The original kabala was lost from his custody. 8. Thus, we find that both the plaintiff and defendant No.1 claim to have purchased the suit land from the admitted owner defendant No. 2. The kabala of t......Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origin......laintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon as the consideration money was not paid and this very fact was mentioned in the kabala dated 23.04.197..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....t, that the property in question having stood acquired on April 14, 1965, there could not be any question of transfer of the property in suit in 1958 in favour of the plaintiff's father and as such claim of the plaintiff in respect of the land in suit is baseless, that the suit land has be......cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
.... 23. Further case of the appellants is that since the writ petitioners themselves applied for retirement at the age of 57 and some of them already took benefits they are now stopped to claim retirement at the age of 60 and as such their prayer cannot be considered and the High Court...... Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to retirement (......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....d in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesses have establish their claim in respect of the land in suit, that the defendant although claimed that part of the land in ...... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....in two parts, in one part .03 decimal of land, that recent revisional record of right has been prepared in respect of 13 decimals of land in the name of the plaintiff, that the defendants upon claiming the land in suit on the basis of the kabala dated November 25,1976 obtained from successi......e and possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....the bill of entry and whether the High Court Division erred in holding that "the petitioner has acquired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is......spondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a complaint made by some busin......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....d from before. The Trial Court on consideration of the materials on record, found that the defendant-petitioner had no dwelling houses on the suit property and in the plaint of his suit he did not claim to have any dwelling houses there and rather made averment that he possessed the suit land as......iew Petition No. 21 of 2003. Judgment: Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to App......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
20872086208520842083207220712068206720662062205920502048204720462045204420412037