Search Options
Judgment Advanced Search
Displaying 3321-3340 of 4295 results.
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....lants filed a voluminous petition for amendment of the plaint, consisting of about 15 pages (the original plaint being of about 4 pages only) wherein it was stated, infer alia, that the disputed land has been acquired under the provisions of the Emergency Requisition of Property Act, ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the l..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......ion. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.” 5. So, if section 6 is read with s..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. 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. ......e provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant alth..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......he learned Attorney General merit consideration. Leave is therefore granted to consider the following grounds: “For that the Single Bench of the High Court Division erred in holding that the lower Appellate Court did not consider the question of limitation and no suc..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... a naraji petition, it is not a letter simpliciter, it is an application based on certain facts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....e eligible to apply for license to the Bangladesh Bank to start banking business and as such the writ petitioner being not on the same footing no discrimination has been made. 13. It is not disputed that the council committee lastly extended time to the writ petitioner up to 30.06.19......ncomplete and inconclusive notes of subordinate officers not approved by the proper -authority and the further submission that the learned Judges of the High Court Division erred in law in not holding that the review petition was barred by limitation and the submission that the learned ..Category: Banking Law | Date: | Hits: 124
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....ound of the materials on record there is no hurdle in decreeing the suit upon allotting the separate saham of .19 acre of land in favour of plaintiff, that from the defendant's side it has not been disputed that plaintiff is in possession of the land claimed in her share, that the suit is not bad......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....e." 6. We have heard Mr. Lutfor Rahman Mondal, the learned Advocate for the appellant and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit property belonged to Laibot Ali Pramanik. It is also not disputed that the p......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......d documentary, has established her possession in the land in suit and the papers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the p..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......nd pleaders'. Rule 1 thereof provides that appearances, etc. in any Court may be in person, by recognised agent or by pleader. Rule 2(a) provides that one of such recognised agents may be persons holding powers of attorney, authorising them to make and do such appearances, etc. Rule 4(1) the..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....ontesting candidate who had been declared elected Chairman and whose election, along with that of the six members, has been published in the impugned Notification. 5. Facts as stated above are not disputed. The sum and substance of the contention of Mr. Zakir Ahmed is that without holding electio......with that of the six members, has been published in the impugned Notification. 5. Facts as stated above are not disputed. The sum and substance of the contention of Mr. Zakir Ahmed is that without holding election for Chairman in the remaining Ward, namely Ward No.1, the Returning Officer had n..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......ely stated in the petition of complaint that the cheque is lying with him (complainant). 5. The learned Advocate has submitted that the High Court Division ignored all these facts and erred in not holding that the proceeding was harassing, mala fide and an abuse of the process of the court. He al..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......cordance with law. If the question would have been purely one of believing the document of contract and other evidences on record, then of course, I would not have ventured to determine the issue by holding it as one of pure question of law. The broad and essential approach in such a case of cont..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......ent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant an..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....Shamsul Hoque, the learned Counsel for the respondent (who appeared with the leave of the Court) and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiffs’ predecessors and defendants predecessors were tenants in respec......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....the proper Income Tax authorities, the High Court Division erred in law in making the rule absolute. 5. The High Court Division arrived at a finding of fact that: "It is not disputed that the assessee-petitioner submits his return on the basis of self assessment scheme ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
.... অবস্থাতেই বৃদ্ধি করিতে পারিবেন না।” 12. The fact of entry of the appellants in the Waqf property as tenants of the Waqf Estate is not disputed. It is the contention of the Respondent No.5 that the tenants have violated the terms and c......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......idas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue record and in other official records and paid rent as well as the municipal holding taxes, that he let out portion of the suit property to the monthly tenants including the def..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......gladesh and designed to frustrate the Title Suit No.276 of 2003 filed by the petitioners for declarations with prayers for an order of temporary and ad-interim mandatory injunction, erred in law in holding that the distributorship of plaintiffs (petitioners) was already terminated and as such th..Category: Business or Commercial Law | Date: | Hits: 100
23002299229822912290228622832278227722762275227422732271226922682266226522632262