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Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....arned Assistant Judge was passed after correctly assessing the valuation upon inquiry in accordance with law and in terms of the valuation of the suit property mentioned in the deed of gift assigning good reasons for ascertaining the market value of the suit land as required under section 8C of the ......he peti­tioners filed this petition for leave to appeal. 12. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division rightly held that the order of the learned As......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873....... of 1993 by Additional District Judge, Sylhet, affirming those of dated 30.08.1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the sched­ule land are the represent......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...

Category: Property Law | Date: | Hits: 27

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......een them Kalai got a share of 90 dec­imals of land and Ahmed got the rest 69 decimals out of 1.50 acres of land. During C.S. operation Kalai and Ahmed being found in possession their names were duly recorded to the extent of 1.59 acres of land. As they failed to pay rents, the landlord Ashutosh Ban......have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871...

Category: Property Law | Date: | Hits: 30

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....t Division. Keeping in mind the future prospect of such proposal and having a legitimate expectation for appointment as Judge of the High Court Division, they agreed leaving behind their practice and good name in the profession. 32. After appointment they rendered their service most honestly, sin...... State of Punjab AIR 1974 SC 2192; Union of India vs. Sankal Chand AIR 1977 SC 235; S P Gupta vs. President of India AIR 1982 SC 149; Subesh Sharma vs. Union of India AIR 1991 SC 631; SC Advocates-on-record vs. Union of India: AIR 1994 SC 268; Madras City Wine Merchants Association vs. State of Tami......such recommendation. The Chief Justice however recommended other three Additional Judges for appointment as such for w further period of one year. Accordingly, the President was pleased to extend the service of Mr. Justice Md. Abdus Salam, Mr. Justice Arayesuddin and Mr. Justice Momtazuddin Ahmed fo..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. 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) 846.......ooks is dis­pensed with as prayed for. 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) 846.......ooks is dis­pensed with as prayed for. 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) 846...

Category: Property Law | Date: | Hits: 32

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..

Category: Civil Law | Date: | Hits: 111

Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......eized the alamats, exam­ined the witnesses under Section 161 of the Code of Criminal Procedure. He also seized the alleged guns with the license together with the used and unused cartridges. Then on recording the evidences he submitted charge sheet against the convicts along with other accused unde......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..

Category: Criminal Law | Date: | Hits: 26

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ......ught equitable relief on the strength of documents Annexures-D and E which manifestly found to be false and fabricated, created solely for the purpose of this Case. 8. There is also no evidence on record before the Court of Settlement to show when Nur Mohammad died and who his heirs are though th......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ..

Category: Property Law | Date: | Hits: 41

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819........ We have heard the submissions of the learned Advocates for the petitioners in both the petitions and also respondent in both the petitions and perused the impugned orders and all other materials on record. We have also considered the decree passed in Title Suit No. 219 of 1987 and minutely conside......s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819...

Category: Civil Law | Date: | Hits: 75

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

....ioners submitted that defendant No.1 Mullick Mostazabul Haque is the benamdar of the plaintiff Rabeya Khatun and the plaintiff is in possession of the Suit land since 23.10.1962 and that she acquired good title by adverse possession in the suit land on the basis of contract for sale dated 23.10.1962......tion Case No. 9 of the 1971, but which could not be executed and deed of registration could not be made since there was no affidavit made by Narayan Chandra in the deed. S.A. khatian has wrongly been recorded in the names of defendant Nos. 2-9. Taking advantage of wrong recording in the record of ri...... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ..

Category: Property Law | Date: | Hits: 33

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......lds Ltd. The respondent No. 8 vide his letter being Memo No. জেপ্রসি/এল,এ/২০০৭-২৯০ dated 09.09.2007 appointed Kanungo and Government Surveyor for joint survey, video recording and infra­structure of the proposed acquired site of the petitioners and others and a rep...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811...

Category: Property Law | Date: | Hits: 25

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

.... this point, it is worth referring to a decision of the Calcutta High Court, Agent Bengal Nagpur Railway Vs. Behari Lal Dutt, reported in 29 CWN 614. In that case the plaintiff had despatched certain goods on Bengal Nagpur Railway, which did not reach the consignee at the destination. So, he brought...... the hearing of the Civil Revision, Mr. Enayetur Rahim, the learned Advocate for the petitioner, supplied certified copies of the depositions of all the witnesses. I have read and kept those with the record. It is apparent that the learned Assistant Judge was guilty of non-consideration of material ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...

Category: Property Law | Date: | Hits: 37

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......ties as cited at the Bar. 13. In the case of Malik & Huq and another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR (SC) 228 in a suit for a decree of declaration against order of discharge from service, injunction to reinstate into service, for damages for the loss due to discharge etc, the Su..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....ymol and left after beating. PW 2 saw Shaymol coming home walking when he went there and heard about the occurrence from Shaymol and his mother. He brought doctor then went to Pirojpur for bringing a good doctor. He heard after some time that Shaymol died. In cross-examination PW 2 stated that both ......ffaloes of Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination PW 1 stated that her s...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......d. Due to such knowledge and consent of the co-sharer petitioner the sale deed was executed and registered showing lesser amount of consideration than actually paid. 4. The learned Assistant Judge recorded evidence of 3 witnesses for the petitioner and 6 witnesses of the opposite party No.1 and a......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..

Category: Procedural Law | Date: | Hits: 75

Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)

.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......inal Law Amendment Act, 1958 (Act XL of 1958). He then submits that under section 241A of the Code of Criminal Procedure contained in Chapter XX of the Code, the Court is obliged to consider the case record and the documents sent therewith. He then refers to the First Information Report and the char......ate then submits that there being materials to indicate that opposite party Nos. 1 to 3, the process servers, served summons improperly and accused opposite party No. 4 being witness to the aforesaid service return the impugned order should be knocked down. Elaborating the submissions he submits tha..

Category: Criminal Law | Date: | Hits: 29

Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....srs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a stock register cannot be regarded to be good reasons for holding that the taxable income of the assessee cannot be properly deduced from the...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...

Category: Fiscal/Taxation Law | Date: | Hits: 69

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......arned Advocate for the petitioner further submitted that the petitioner was not given any opportunity to explain his position and as such, the principle of natural justice had been violated. From the record, we find that the Writ petitioner was examined as PW 2 in the suit and so he got the opportun...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494...

Category: Civil Law | Date: | Hits: 76