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Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... substituted by the Fourth Schedule of Finance Bill 1998 on the strength of section 7(15) of the Act itself. It is also found that Fourth Schedule refers to supplementary duty @80% of the vehicles in question. It is a settled law that the Provisional Collection of Taxes Act, 1931 loses its force on ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....as accordingly paid by the concerned office. 8. The voucher is Annexure 1 ‘A’ paper relating to deputation of two Magistrates 1st Class at the time of eviction and papers about delivery of possession after eviction are filed as Annexure 1 and 2. 9. Respondent No. 2 denied the alleg......and redressed slum dwellers and government accepted the same in September, 1989 (Annexure-H). and that ‘Dhaka Municipal Corporation formed “Basti Punarbasan Jami Nirbasan Committee” to identify lands for rehabilitation of slum dwellers of Dhaka City and Annexure ‘J’ is the report of the co......e result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ed Basti area and as such the Rule was issued simply to examine whether provisions of Act 24 of 1970 were complied before said eviction of the slum dwellers including the petitioners from the land in question. He submits that now the only question before this Court is to see to the compliance of the..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ...... 7. We have heard the submissions made at length by both the parties and perused the materials on record. Admittedly, four national heroes who successfully led the War of Liberation of our motherland from the occupation Army in 1971 were in most cruel manner murdered inside the Dhaka Central Ja......ce and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......hallenges the proposition of the learned Deputy Attorney General that the sickness was taken as a ground for praying for bail in the aforesaid previous Case. 9. We have perused the judgment in question including paragraph No. 12 in the Case of KM Obaidur Rahman and others Vs. State in 51 DLR ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....ere recorded in his name. The suit land measuring 0.39 acre was purchased by Kali Mohan Mukhopadhya on an auction sale held on 5-1- 1953. Said Kali Mohan Mukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954. 4. While Kali Mohan was thus owner in possessi......e dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, v......imate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......nce, the word “না” was added and in the second sentence “না” was omitted due to mistake. The mistake would be apparent if the entire evidence of the PW 1 and those of other PWs on the question of possession are read and considered. He also submits that the petitioners could learn abo..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Sonali Bank and others…………..Petitioners Vs. Md. Jalaluddin and another………….Opposite Parties Judgment October 19, 2000. Cases Re......record, perusing the revision application and the impugned orders, and reading number of decisions of this Division as well as of the Appellate Division as cited at the Bar, it appears to me that the question as to the right of a petty employee of statutory corporations to sue in a Civil Court again..Category: Administrative Law | Date: | Hits: 165
....oral lease was extended for a further period of 3 years, the respondent No. 4 started non-cooperation with the petitioner No. 2 and tried, on several occasions, to disturb the petitioners’ peaceful possession of the house for which the petitioners’ had to file Title Suit a No. 193 of 1999 seekin......ners being aggrieved by the said notice dated 22-11.1999 Annexure-E, moved this Court on 4-1-2000 and obtained the present Rule.
6. Both the RAJUK respondent No. 1 and the respondent No. 4 the landlord, opposed the Rule by filing two separate affidavits-in-opposition.
7. The respondent......th costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ded that the writ petition is not maintainable on the ground that they are not the aggrieved persons under Article 102 of the Constitution. The respondent No.1 has further contended that the house in question is a residential abode and cannot be an office of the petitioner No. 2 as he has no trade l..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.....9 was possessing 0.8372 acre of land by virtue of agreement from the defendants. So, the trial Court dismissed the suit of the plaintiffs holding that the plaintiffs failed to prove right, title and possession in respect of 0.8372 acre of land of CS plot No. 371 and the defendants had been able to ......declaration that the decree dated 23-3-1995 passed in Title Suit No. 177 of 1994 (formerly Title Suit No. 92 of 1991) is illegal and invalid and the said decree is not applicable to ‘Ga’ schedule land. It is further prayed that the land described in ‘Kha’ Schedule measuring about 94 ajutangs......and others......................Petitioners Vs. Abdul Jalil and others......................Opposite Parties Judgment November 18, 1999. Cases Referred To- Guinness Peat (Trading) Ltd, 1992 BLD (AD) 247, 44 DLR (AD) 242; Burmah Eastern Ltd Vs. Burmah Eastern......uch a suit is barred by law in view of the fact that on the ground of earlier suit was dismissed which was affirmed by the Appellate Division. 14. Nurul Huq further submits that apart torn the question of Order 7 rule 11 of the Code of civil Procedure in an appropriate Case the Court can exer..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... having additional powers of Settlement Officer while hearing objection Case shall have all powers exercisable by a Civil Court in a trial of suits under Civil Procedure Code and decides ownership or possession of land or of any interest in land and therefore, the objection officer is functioning as......d Court, Tangail in Miscellaneous Case No. 337 of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950, shortly the Act, for correction of the record of right in respect of the Case land, that subsequently the petitioners filed the said forged order before the Assistant Commissione......rim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... learned Magistrate also has no jurisdiction to take cognizance of the offence on the basis of complaint made by the private person, unless the complaint is made by the Court concerned. 8. Now the question is a Revenue Officer, in the instant Case Assistant Commissioner (Land), dealing with a Mut..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......their children and to treat them as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing ag......inister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......s through inter-ministerial meeting presided over by the Hon’ble Minister in Charge of Home Affairs on 20th July, 1999. It has further been learnt that the respondent Nos. 2 and.3 had circulated a questionnaire to the residents of the said area with a view to ascertain as to how many of the resid..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....188, Road No.2 at DOHS at Mohakhali in Dhaka in favour of the respondent No.1 and on 21.03.2005 also made a declaration on such oral gift, which was duly notarized. The present petitioner handed over possession of the flat to the respondent No.1 on the date of gift. Having accepted the gift, the......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......sed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ...... or interest of the writ-petitioner in the said flat and hence, the writ petitioner not having any legal right the writ petition is not maintainable; that the writ petition having involved a disputed questions of fact and of title as to whether there was a gift of the flat in question in faovur of t..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......cellaneous Case No.109 of 1996 under section 96 of the State Acquisition and Tenancy Act in the First Court of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the op......udgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....d pay order the writ respondent No.1 paid off the dues of the writ respondent No.4 through treasury challan dated 14.09.1994 (Annexure-D (ii)). Thereafter the writ petitioner company upon getting the possession of the entire 1.00 acre of land situated at the back yard of the premises of the writ res......ining a permission from the Chittagong Port Authority, respondent No.4 on lease hold basis situated beside the Karnaphuii River where it established its tank terminal business. The area of lease hold land is 1.53 acres which the petitioner is holding on yearly renewable lease since its establishment......o disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......petition CPA, through its affidavit-in-opposition denied the material allegations made in the writ petition contending, inter alia, that the respondent No.1, M/S Amin Agency Limited, held the land in question under annual lease from the owner of the property i.e. the Chittagong Port Authority, (resp..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......gment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......ition for leave to appeal. 6. Mr. Md. Khurshid Alam Khan, the learned Counsel for the petitioner submits that as the name of the Bank has not been mentioned in the petition of complaint, the question of dishonour of the cheques by the Bank concerned does not arise at all, which is very vita..Category: Criminal Law | Date: | Hits: 34
Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......did not know anything of murder incident and he was falsely implicated in the case as because a dispute arose in between Salma Begum wife of Mizanur Rahman's full brother and his mother in respect of land property situated in Khilgaon Rehabilitation area. 5. The Druta Bichar Tribunal by the...... in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..Category: Criminal Law | Date: | Hits: 46
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......dingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......s of compensation with notice to the insurer of the concerned motor vehicle. But in the instant case, no particulars of insurance company of the bus was given in the written objection, as such, the question of issuing a notice to them did not arise. So far the question of enquiry is concerned, the..Category: Civil Law | Date: | Hits: 96
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....hort are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly on 28.08.1996, Alauddin Sarder, the father of the......h Court Division found that no documentary evidence was filed from either side. From the oral evidence on record he found that Abdul Jabbar died prior to 1979 and his son Shajahan Sarder got the suit-land by way of oral gift from other heirs of Abdul Jabbar and transferred the same in favour of th......ook is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....he Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purchased by the plaintiff No.1 in his own name and the same was recorded in his name in the S.A. Record on the basis of his possession in the land and that the father of the defendants never raised any objection in that resp......os.1 to 3 filed a suit being the Other Class Suit No.75 of 1996, in the Court of Assistant Judge, Sadar, Rangpur, praying for a decree for declaration that the Nadabipatra in respect of 0.23 acres of land in the suit-land is false and not binding upon them. The present petitioner and other defenda......l) Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Md. Sahfuzul Islam alias Shafizul…………….....Petitioner Vs. Md. Amjad Hossain and others.....................Respondents Judgment October 23, 2009. Law......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ..Category: Property Law | Date: | Hits: 21
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......ent No.3. 6. We have heard the learned Advocate for the petitioners, perused the judgment and order passed by the High Court Division and the papers kept with the paper-book. 7.The moot question before the High Court Division in the instant writ petition was as to whether the agreement..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....ssistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April,......2003. 2. Respondent Nos. 1 and 2 instituted Title Suit No. 87 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in......issed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ...... Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ...... Court Division. 3. Mr. Md. Zahirul Islam, learned Advocate-on-Record, appearing for the petitioner submitted that regarding appointment of the respondents by an illegal Managing Committee was questioned and to find out the fact an inquiry was held by the District Education officer, Patuakhal..Category: Civil Law | Date: | Hits: 84
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