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A M Mahmudur Rahman J
Mahmudul Alam Choudhury J
Nurul Islam Chowdhury & another…………………………………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
......e purchaser and he paid the money to the vendor on his behalf and he himself, executed and registered a deed of agreement on the same date. He argued that the conduct of the parties at the relevant time indicate that the transaction is a complete usufructuary mortgage and as it is a complete usufr......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....amsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520 (AD). Lawyers Involved: S R...... terms of the agreement with the plaintiff for the suit premises he is not entitled to terminate the monthly tenancy in spite of default of payment of rent as she paid Salami of Taka 17,000.00 at the time of entering into the suit premises. 4. Mr. SR Karmakar, learned Advocate appearing on behal......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 (SC) 1616......d worked as Subordinate Judge at various stations. Thereafter he was promoted as Additional District and Sessions Judge on 1.7.81 and Served in the said capacity at various stations. In due course of time he was promoted as a District and Sessions Judge on 1.9.84 and first posted at Joypurhat in the...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....intainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
...... be judged by the provision of sub-section (4B) which is quoted below:
"(4B) Notwithstanding anything contained in sub-section (4) and (4A) or in sections 39, 43 and 44 or in any other law for the time-being in force, the land held under a certificate granted under sub-section (4) or (4A) by the ......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......an affidavit. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applications, requiring them to show cause within time specified in the notice why the agreement should not be filed. (4) Where no sufficient cause......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....sment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
.... In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......rule with section 151 of the Civil Procedure Code alleging, inter-alia, that they received no notice about the drawing of final decree and that they learned about the decree on 7.7.1995 for the first time and that they were not informed about the date of final objection against the report of the ple......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......Proclamation and the Martial Law Regulations and Orders and other Orders and Instructions made by me in pursuance thereof shall have the effect notwithstanding anything contained in any law for the time being in force. f. The Constitution of the People’s Republic of Bangladesh shall stand ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....e lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he evidence adduced by the prosecution witnesses and other materials on record and submits that the persecution became successful to prove the case beyond reasonable doubt, particularly in respect of time, manner and place of occurrence. 12. He further submits that although the local witnesses di......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....nswer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......vant part of section 28(1) reads as follows: "28. (1) If for any reason any tax payable under this Act has escaped assessment or has not been paid in any year the Sales Tax Officer may at any time within four years of the end of that year, assess the tax payable, after issuing a notice to th......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....s of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......n. It appears that one view is that the defendant against whom an ex parte decree has been passed may apply under Order 9, rule 13 of the Code of Civil Procedure to set it aside and also at the same time prefer an appeal from it and the proper Court to hear the application is the Court which pass...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
....e to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
...... on tin roof. Accused Abdul Ghani, Abdul Gaffar, Siddique Ahmed and others threatened Tofazzal Hossain that they would see how he would give evidence against them in the paddy cutting case. At that time, accused Abdul Ghani gave order to kill Tofazzal Hossain, and Respondent Siddique Ahmed took th......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......ary Affairs gave opinion in favour of the petitioner open space rent will be half of the covered space in the outside of the port protected area and drifted on the premises that there is no scope for recovery at half rate rent at Taka 10 per square metre by addition, alteration or revision since lea...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....ny order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......e suit, contending, inter alia, that they never defaulted in payment of rents, the notice under section 106 of the Transfer of Property Act is defective, that the plaintiff never collected rents in time, rather used to accept as and when necessary, that the plea of reconstruction of the house is n...... 18 are relevant for our consideration which read as follows: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1972, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full ext......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....reby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ...... of both the appellant and respondent No.1, found claim valid and asked the appellant to pay claim. Pursuant to the order of the respondent No.3, respondent I started Money Execution No.6 of 1998 for recovery of the insured amount in the above Court. Thereafter, the appellant instituted the above TS......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....ourt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- B......for the removal of Mr. Kamaluddin Ahmed from the office of the President. The other meeting was convened as an emergency meeting on the same day, on the basis of the aforesaid complaint received long time back, but was suppressed by the writ petitioner. 14. It is also stated that the petitioner a...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....s Kamal Chowdhury and others………………Petitioners Vs. Dhaka University and others………………Respondents Judgment July 12, 2000. Cases Referred To- Controller of Examination, Dhaka University Vs. Mohiuddin, 44 DLR (AD) 305; Professor Nurul Amin Bepari Vs. Vice Chancel......y, 1997 (Annexure ‘F’ to the affidavit-in-reply to the affidavit-in-opposition filed on behalf of the respondent Nos. 1 to 5). The respondent No.1 caused Notifications to be circulated, extending time of registration of the graduates as voters and issued seven such notifications including those ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......e law of insurance is still in its infancy in our country. The Insurance Act, 1938 and the Insurance Corporation Ordinance (No.VII of 1973), 1973 are holding the field with amendments introduced from time to time. The above Act was enacted to regulate the business of insurance in British India and t......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....n: 52 DLR (2000) 640. ......ffs father but subsequently on various pretexts the said Gour Chand Halder and others had not taken any step to register the deed despite the request made by the plaintiffs father and that in the meantime the said Gurudas Haldar and Bimala Devi died, and the father of the plaintiff also died in the ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
.... suit and the amount of interest. Ed. This Case is also Reported in: ......ntiff’s Tanker T-1049 due to the negligence and dereliction of duties of the crew members of the defendant’s vessel MT ESSENCE. The defendant’s vessel also violated the Navigation Rules and Maritime laws. There was no negligence and dereliction of the duties on the part of the crew members of ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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