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Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....enant's continuance of possession alone and there must also be the assent of the landlord, which may be expressed or implied. 21. The principle expounded in the case referred to above is not disputed. In the case in hand, though the respondent continues his possession by holding over, ......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......glimpse is required. 3. Mostafa Unuch, plaintiff, a practicing lawyer of Khulna Bar is pre-emptor, invoking right of sufa stating that the suit jote, measuring 0.52 acres of land, recorded in SA khatian No.28, plot No.507 situated at mouza of Halatola under PS Khulna, District-Khulna originally..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
....
Vs.
Sharifun Nessa and others………………Respondents
Judgment
September 9, 2014.
Result:
The appeal is disposed of.
Leasing out the disputed land to the respondents or their legal representatives at present market price subject to p......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
..
Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
....f is available to a person who is in possession. The court may inquire incidentally into the respective claims of the parties to the suit for determining whether the plaintiff is in possession of the disputed property and are entitled to the specific relief of permanent injunction. 42 DLR (AD) case ...... Rule No.364(R) of 2007 (Violation) is disposed of.
Send down the lower court records. Communicate this order at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....terials prima-facie disclose the offences against the accused-petitioner and others under sections 409/109 of the Penal Code and that the allegations brought the accused-petitioner and others are the disputed questions of fact, and that this Court sitting in a jurisdiction under section 561A of the ...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
....
Result:
The appeal succeeds.
Disputed Questions of Fact and Jurisdiction of High Court Division
Classification of imported goods and assessment thereon by the Customs Authority are disputed questions of fact which could not be resolved in the writ jurisdiction.
The High court......sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....espondent Nos. 29-33 dispossessed her during the period of 13-8-2009 to 12-9-2009 and, as such, applied for directing the defendant-respondent Nos. 29-33 to remove their construction made in the disputed land where the respondent-opposite party Nos. 29-33 have constructed semi-pucca buildi......ther land in exchange of the disputed land but the defendant did not mention in exchange of the disputed land and number of plot. The defendant No. 1 asked the defendants to state the plot number and khatian number of the land given to the defendant No. 1 but they mentioned a plot number without any..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......used two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got 0.03 acres of land of RS plot No. 3116 corresponding to SA plot No. 1539 of khatian No. 3759 of mouza Kashipur but the accused had demanded Taka 5,000 to him as bribe. Abdus Sa..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Tribunal in second appeal for the above mentioned assessment year 1999-2000. We have also studied the decisions as referred to by the learned Advocate for the assessee-applicant. 15. It is not disputed that the assessee submitted its income tax return for the above mentioned assessment year u......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nd appeal for the above mentioned assessment year 1999-2000. We have also studied the decisions as referred to by the learned Advocate for the assessee-applicant. 15. It is not disputed that the assessee submitted its income tax return for the above mentioned assessment year u......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......cedure Code which was also allowed. The contesting defendants have filed the necessary papers of these above stated suits and case to substantiate their case. All these papers along with mutated khatian of the suit land in the name of the contesting defendants strongly supports the defendants&#..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......ellaneous Case No.40 of 1994 under section 24 of the Non-Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....013 with Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No........ The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....f parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the biological father of the disputed child Md. Biman, He cannot be excluded as being the biological father of the child Md. Bima....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......ellaneous Case No.40 of 1994 under section 24 of the Non-Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....e to a finding that it is well-settled that the assessment of valuation of asset by PWD officers has no evidentiary value and the trial Court acted wrongly in considering the valuation report of disputed house and therefore the declaration of the value of the said house given by the respon......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....up possession on the extinction of the lease period without further ado. It is, hence, a thoroughly fallacious and spurious exercise to claim audi alteram partem in this case. 53. When it is not disputed, and unbroken chain of authorities proclaim that a year to year lessee acquires no vested r......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....he direction, this Court did not consider the following material facts: The serial numbers against all the mortgagors' application should be properly verified by auditors before deciding the disputed claims, because most of the serial numbers are fictitibus; the disputed claims of the mortg......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ecord was prepared in the names of the defendants. The plaintiff's further case is that he got his homestead on the land of plot No. 4472. For the wrong recording of the suit land in SA khatian, the plaintiff's title became cloudy and hence the suit has been filed for declaration o..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... that plaintiff opposite parties has better title. Profullah Chandra was the owner of the suit land and by amalnama dated 10th Aswin, 1348 BS gave pattan of the suit land to Gahar Ali Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, H..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
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