Search Options

Judgment Advanced Search

Displaying 4361-4380 of 6460 results.

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......ut it is with stigma, so the argument of Mr. AJ Mohammad Ali is that the order of ter­mination is malafide in view of the attending facts and circumstances of the case which can­not be ignored. The question of malafide is rather a disputed fact but what we find from the facts and circumstances of ..

Category: Employment/Service Law | Date: | Hits: 68

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......missed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... Court also did not accept the submissions of the learned Attorney-General that, in terms of the principle laid down in PLD 1988 Karachi 99, the matter of assessment of customs duties of the goods in question be sent back to the customs authority for making assessment after hearing the respondents a..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ation. - Any member of the service may be deputed by the High Court to perform the duties of any post in the Central Government or the State Government or the Union Territory of Andaman and Nicober Islands or to serve in any organisation, which is wholly or partly owned or controlled by the Central ......ed in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......the instance of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by this common judgment. 2. These two appeals..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ansfer has been registered as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite part......smissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......s been prayed for filing appeal against the judgment and order dated  20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division discharging the rule, which was issued calling in question the judgment and order dated 26.7.2004 passed in Civil Revision No. 14 of 2004 by the learn..

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....on purchased 2(ka) schedule land' of the plaint on 12.03.1924 in Execution Case No.480 of 1924 arising out of Rent Suit No. 705 of 1923 and obtained sale certificate on 18.05.1924 and got delivery of possession of said 2(ka) schedule land of the plaint on 15.06.1924. She also auction purchased 2(kha......consideration and have been created by false personification and for further declaration that through the aforesaid deeds no right, title and interest of the plaintiffs have been affected in the suit land stating, inter alia, that one Matang Moyee auction purchased 2(ka) schedule land' of the plaint......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......n the ground that P.W.5 is maternal cousin of the plaintiffs and as such an interested witness. The High Court Division further held that the plaintiff failed to prove by any cogent evidence that the questioned documents in favour of defendants were obtained by false personation and by practicing fr..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

.... 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana P.S. Joydebpur, District-Gazipur described in schedule ‘A’ of the plaint from Chatori Tanti and got delivery of possession and by Mutation Case No. 170/74-75 their names were mutated in S.A. Khatian No.406 in Pla......ihamul Haque since deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 ......t binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......fter hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided..

Category: Property Law | Date: | Hits: 43

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......elled long before" and "it should be mentioned here that this petitioner, admittedly, took loan of total taka 71,27,873.19 from the plaintiff bank and the plaintiff bank filed the suit in question claiming taka 1,24,93,829.19 which is not more than 200% of the principal loan amount. So..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....ose was appointed Managing Sebayet on behalf of Bigraha and he was looking after the said Debattar property, transferred land in C.S. Plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of the case land i.e. C.S......a and to pay off employees and for increasing the earn­ing of the said Debattar property the Managing Sebayet Ranendra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eastern side of the case plot No.65 there was a walk way and one ......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......he could no claim anything more, so it is clear that Bhubon Mohan Ghosh and thereafter his successors including respondent No.7, his mother and 7 brothers and sisters have been possessing the land in question of CS. Plot No. 65, within the same bound­aries. That Bhubon Mohan Ghosh trans­ferred 1.0..

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....3 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense profit and ...... 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense profit and permanent injunction al......sed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......08, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defen­dant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- w......dingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......dvocate for the petitioners submits that the High Court Division on an erroneous assumption of law of limitation concluded that in view of the above both the courts below utterly failed to decide the question of limitation that the suit was hopelessly barred by limitation. 6. He further submits t..

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....e over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The action of Rezaul Karim the present respondent No. 1 having cast clouds over the long possession of the suit land of the petitioners and as such, the petitioners are apprehended to get ......ase, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The ac......s also Reported in: VI ADC (2009) 1000. ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars and obtained cheque forges thereof and being in possession of the suit land, the plaintiff constructed houses thereon though her bharatias on the b...... No. 103 of 1996 decree­ing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of t......sed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

.... who are the   petitioner and Respondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintif......spondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted own...... Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

.... life time, sold .36 acres of land, out of suit plot No.1661 with a “Chouchala” tin hut thereon to defendant No.1 Khairunnessa and Mohammad Mia by registered Kabala dated 19-10-1955 and delivered possession to them. During S.A. operation this .36 acres of land of suit plot No.1661 was recorded i......ge, 2nd Court, Chandpur, decreeing the same. 2. The appellant Nos.1-3 and respondent No.56 as plaintiffs instituted the aforesaid Partition Suit No.113 of 1994 for partition alleging that the suit land measuring 0.36 acres of C.S. Khatian No.341, S.A. Khatian No.347 of Mouza 418 Kherighar formerl......ithout any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......as executed and registered on 24.3.1956. Mohammad Mia and defendant No.1 Khairunessa never produced the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any ..

Category: Procedural Law | Date: | Hits: 105

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....o holding that in case of the failure of the petitioners to comply with the same the Artha Rin Adalat will make the auction sale in question absolute and take other necessary steps for delivery of possession of the auctioned property in favour of the respondent No. 3. 3. Records show that......ords show that before the High Court Division both the learned advocates for the petitioners as well as Agrani Bank, the respondent No.2 submitted that the auctioned property comprises 5 kathas of land situated at the Indira Road Dhaka with a multi-storied building situated thereon and the actua......e. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......ned order disposed of the Rule with the directors as above and also holding that in case of the failure of the petitioners to comply with the same the Artha Rin Adalat will make the auction sale in question absolute and take other necessary steps for delivery of possession of the auctioned proper..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land, died leaving behind two sons namely, Rawsraj Banik and Ashwani Kumar ......1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land,....... Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

....fs confirmed that vide registered deed of gift dated 02.02.1971 and 29.04.1978 defendant No. 5 collusively created the deeds in respect of schedule 'Ka' and 'Kha' land. The defendants were never in possession of the suit land alone; Badruzzaman mortgaged land of R.S. Plot Nos. 10482/8692/8669/10......t Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.11.1978 to his daughter Mahsuma Khatun and that Badruzzaman ...... the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......pearing for the respondent Nos.1-3 submitted that on proper discussion of the evidence and materials on record the trial Court decreed the suit in favour of the plaintiffs finding that the deeds in question are false, but without reversing such finding the appellate Court set aside the decree pa..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......nterference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ...... for payment within 15 (fifteen) days from the date of dishonour of cheque as per proviso-B of Section 138 of the Negotiable Instrument Act, 1881 and further there being no service of legal notice no question of effective demand in the eye of law is in existence and in the absence any valid demand, ..

Category: Criminal Law | Date: | Hits: 163

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

.... although Jongal was the owner of the eight annas share and Jongal used to possess the share by erecting houses and established some portion as burial ground, he transferred some land and delivered possession to defendants. Defendant No.18 established a Rice Mill in the plot and Khadem and Barik......ing to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jessore for partition to the suit land alleging, inter alia, that the suit land belonged to Danu Moral before C.S. operation, who mar......the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......n judgment and order dated 07-02-2008 passed by a Single Bench of the High Court Division in Civil Revision No. 5381 of 2004 and Civil Revision No. 5382 of 2004 making the Rules absolute and common questions of law being involved in both petitions, the same are disposed of by this judgment. ..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....f-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the respondents and aft...... Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the respondents and after filing the suit summ......having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143