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The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....d in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the s......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....suit was taken up for hearing. The plaintiff in that case was examined and some rent receipts were also admitted in evidence and on these materials the plaintiff’s claim of tenancy- right under the Government - defendant was declared. The defendant's application under Order IX, rule 13, C.P.C. was......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....all the lands within the country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
.... suit properly and they sold their taluki interest by kabla Ext. B(1) to Pitambar, that the vendors of defendant No. 1 had accordingly inherited taluki right from PiÂtambar which was acquired by the Government under the State Acquisition and Tenancy Act since 1956 and consequently defendant No. 1 c......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
.... stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is o......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.............................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the par......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................Ap......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....s Case is also Reported in: 40 DLR (AD) (1988) 116. ......i Colony at Dhaka. He exercised all manner and acts of ownership and possession in respect of the disputed house and went on paying ground rent, municipal tax and urban tax. He paid income tax on the rental income of the house by a chalan dated 29.11.72 for the year 1972-73. He paid Finance Tax on 1......70 he broke his journey at Karachi as a transit passenger. He was shocked to know that the Government considered his property as abandoned property in the last part of 1972. Though he paid all taxes, dues and even Fire Insurance upto 1974. 7. His only passport was one that was issued in 1952 from..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... of khas possession of the suit premises after rejecting the defendant- appellant and for compensation. Briefly slated, defendant-appellant who is a temporary monthly tenant in the suit premises at a rental of Tk. 1750/= was liable to ejectment as he became a habitual defaulter, going in arrears in ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....ciety. 4. There is a two storied building having 3 rooms in each floor and the entire property including the building was under the possession of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in......Plots No.74, 160 and 163 of mouza Purana Paltan at holding No.71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
.... told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of complaint was filed in Court against the accused appellants. Between 1973-1975 there was a Government in the Country and then in August, 1975 a change was effected in the structures of the St......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
....tion, that adequate monetary compensation would be available in case of plaintiff's eventual success in the suit and that temporary injunction should not be granted against the Corporation which is a Government department. The learned single Judge, by the impugned judgment, set aside the order of te...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....ury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgmen......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ondent is a worker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(A...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... to the south-east. On being asked as to where they were being taken, the miscreants replied that they were going to Musa Sarkar who was at Saiyed's house. After passing through an area, which is now Government Research Centre, they arrived at a vast place. There some of the miscreants said that the......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property and nothing was left for making the settlement that such prope......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....iction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... to the Executive Engineer of the Upazilla Parishad stating that he had completed the work and he should be paid his bill, but did not mention any date of completion of the work, nor any bill for his dues was also submitted on that day. According to the respondent-petitioner, the claim as to complet..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ylhet for eviction of the defendant appellant on the ground of default and irregularity in payment of rent. Plaintiff’s case was that the defendant was a tenant in the suit premises since 1966 at a rental of Tk. 25/- per month. He defaulted in paying rent since July, 1976 and accordingly the plain......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... the following four faults there: (i) that the appellate Court's finding that the suit was bad for defect of parties was misconceived as no objection was taken in this regard and, furthermore, the Government was impleaded as a defendant under President Order No. 142 of 1972; (ii) that the infere......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
..... ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
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