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Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......der as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......the court and Court alone who decides the matter finally. 11. The report is yet be obtained and Court is yet to accept it or not and Court is yet to come to its own conclusion after he takes other evidence of record along with the expert’s opinion and, necessary, by comparing the LTI himself an..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
..... Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard togethe......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co......ction 36(3) of the Ordinance is not sufficient for compelling the DCT to accept an audited accounts of the assessee company inasmuch as under section 83(1) of the Ordinance the assessee is to produce evidence in support of the return and in the instant Case the DCT issued notice under section 83(1) ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....t. Accordingly, he opposed the submission of Dr. Rahman that the failure to pursue arbitration would make the suit not maintainable. On merit he submitted that the trial Court on consideration of the facts and circumstances of the case and on the evidence on record passed the decree and, as such, th........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocate......d the party should be directed to pursue the arbitration which they agreed in the contract. Then, he submitted on merit of the appeal that the trial Court decreed the suit in its entirety without any evidence to support the claims of the plaintiff. He also challenged the decree passed on the interes..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....o the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instit......dge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....eave to Appeal is directed against the judgment and order dated the 20th and 21st day of August, 2007 passed by the Appellate Division in Criminal Appeal No. 24 of 2000 allowing the appeal. 2. The facts involved in the case, in short, are that Abdus Samad Mondal, a neighÂbour of the deceased Moh......Present: Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Re......f 1/4 mile from the place of occurÂrence went to the hut of the deceased in the morning, P.W.10 is also brother of the deceased. 11. As stated hereinbefore the trial Court on consideration of the evidence of the eye witnesses as well as of the witnesses who immediately after the incident went to..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findÂings of fact. 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) 518....... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Surendra Kumar Sinha J Fazar Ali……………...Petitioner Vs. Mizanur Rahman and another…………........Respondents Judgment February 10, 2010. Lawyers Involved: ......ment. Initially the suit was decreed and thereafter on appeal the appellate court remanded the suit. After remand the suit was renumbered as Title Suit No.32 of 1992. 4. After consideration of the evidence on record the learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, by judgment an..Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......on is dismissed. This Case is also Reported in: VII ADC (2010) 516.......e witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not proÂduce any evidence to prove that the said deeds were executed and registered by her with proper independent ad..Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....e Appeal No. 69 of 1998 arising out of judgÂment and decree dated 28.10.1998 passed by the learned Subordinate Judge, 1st Court, Sunamgonj in Title Suit No.441 of 1985 dismissing the suit. 2. The facts, in short, are that Hazi Sanjab Ali (since dead) as plaintiff instituted Title Suit No.13 of 1......resent: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hazi Sanjob Ali being dead his heirs: Mst. Golap Jan and others………….....Petitioners Vs. Hurmuj Ali and others………….........Responden......lished. The suit having been instituted long after the preparation of settlement record the plaintiffs are not entitled to any relief and the suit is liable to be dismissed. 5. On consideration of evidence of both the parties the learned Subordinate Judge dismissed the suit by the judgment and or..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
....rict Judge, 1st Court, Sylhet in Title Appeal No. 176 of 1995 affirming those dated 02.08.1995 of the Senior Assistant Judge, Sadar, Sylhet in Title Suit No. 373 of 1988 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to one Jahur Ali wh...... 510.......e suit land and hence, the suit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the docuÂmentary and oral evidence of the parties the trial Court and the Court of Appeal below concurrently found title and p..Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....y the Subordinate Judge, Chuadanga in Title Appeal No. 83 of 1984 thereby reversing those dated 26.12.1979 passed by the Munsif, Chuadanga in Title Suit No. 679 of 1974 dismissing the suit. 2. The facts involved in the case, in short, are that the suit property belonged to Bidya Nath Kunda and th...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Sajeya Begum and others…….....Petitioners Vs. Md. Shahidul and others…………........Respondents ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....azlul Karim J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 11th and 12th day of August, 2008 passed by the High Court Division in F.A. No. 462 of 1999 The facts involved in the case, in short, are that the suit property as described in the plaint was reco......Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Bijan Kumar Das J Md. Muzammel Hossain J Gonesh Ghosh being dead his heirs; 1(a) Bikash Ghosh and others……....Petitioners Vs. Babu @ Sabir Ahmed and others……………………....R......ing for the petitioner subÂmitted that the High Court Division failed to consider and evaluate exhibit-C, D, G, I, J, K, M and thus the impugned judgment suffer from misreading and misunderstood the evidence on record including the benami character of the kabala exhibit-E & Y as those kabala wa..Category: Property Law | Date: | Hits: 29
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....d 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1, Dhaka in Title Suit No.169 of 1999 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of to......ijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ebrahim Steel Re-Rolling Industries (Pvt.) Limited……………........Petitioner Vs. Bangladesh and others……………......Respondents Judgment February 11, 2010. Lawyers Involved: ......we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....nd order of the High Court Division and other materials available on record. 9. The plaintiffs filed an application for amendment by correcting of some words in the plaint and for addition of some facts about taking settlement of 19.2 acres of land from the Ex-landlord and also for addition of a ......Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the quesÂtion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....of the plaintiffs that Kabir Ahmed died on 10.01.1970.
9. Being aggrieved there-against the plainÂtiffs filed appeal in the High Court Division and the High Court Division on consideration of the facts and circumÂstances of the case, evidence and materials on record allowed the appeal in part d.............sses each and the docuÂments produced by the plaintiffs were marked exhibit 1-7 series and those of the defendants were marked exhibit 'K ' to 'Q' series.
7. On consideration of the materials and evidence on record and the submissions of the learned Advocates of the contesting parties the learne..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....ppeal and reversing the judgment and decree dated 31.01.1994 passed by the learned Assistant Judge, 3rd Court, Dhaka in Title Suit No.41 of 1993 decreeing the suit for permanent injunction. 2. The facts, in short, are that the petitioner as plaintiff filed Title Suit No.41 of 1993 before the lear......m J Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Azim Uddin……………...........Petitioner (In both the cases) Vs. Md. Abdul Latif and others …………….......Respondents (In both the cases) Judgment February 4, 2010. ......for the petiÂtioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the trial court correctly considered the evidence on record, oral and documentary and the High Court Division correctly considered the eviÂd..Category: Property Law | Date: | Hits: 24
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....he Chairman, Second Labour Court, Dhaka in Complaint Case No.5 of 1996 directing the writ petitioners to reinstate the petiÂtioner with full back wages and other benÂefits within 30 days. 2. The facts, in short, are that the petitionÂer lodged a Complaint Case being No.5 of 1996 before the Cha......Abdul Kader…………………....Petitioner Vs. Bangladesh Road Transport Corporation repreÂsented by Chaiman having its Head Office at Paribahan Bhaban, 21, RAJUK Avenue, Motijheel, Dhaka and others .........Respondents Judgment February 15, 2010. Lawyers Involved: Md. Abu S......ay. Security of Tk. 1,000/- is to be depositÂed within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...Category: Labour and Industrial Law | Date: | Hits: 79
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
...., Jessore in Title Appeal No.239 of 1987 reversing the judgment and decree dated 30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the responÂdents-opposite party respondent Nos.1-3 as plaintiffs filed Ti......late Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Sree Bishonath Das and others………………………..Petitioners Vs. Sree Binoy Kumar Das and others……â€......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 478...Category: Property Law | Date: | Hits: 27
....dated 01.10.2000 passed by the Administrator of Waqf, Dhaka in B.C.No. 2323 (Chittagong) (Tofazzal Ali Chowdhury Waqf Estate) rejecting an application under Section 32(1) of the petitioner.
2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury creatÂed "Tofazzal Al......in J
Md. Abdul Matin J
Abu Nayeem Mominur Rahman J
Md. Yusuf Chowdhury……………….......Petitioner
Vs.
The Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000 and Others…….....Respondents
Judgment
November 8, 2009.
Lawyers Involved:
Sk. Zalfiq......h Court Division comÂmitted no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....d against the judgment and order dated the 12th day of May, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu S...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………...... plaintiff are false and as such, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioners subÂmitted that the trial Court on consideration of evidence on record dismissed the suit in holding that after abolition of Zamindary system the suit p..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... the 4th day of June, 2007 passed by the High Court Division in Matter No. 174 of 2006 allowing the application for winding up of the pro-forma respondent No.2 Gonophone Bangladesh Limited. 2. The facts involved in the case, in short, are that the petitioner is a shareholder and director of the r......is Case is also Reported in: VII ADC (2010) 459. ......cial institutions by fraudulent means and misappropriated the Company funds. It is further stated that although the money was procured for purÂchasing of machinery and other equipÂments there is no evidence that the Company had procured the same. Although the Industrial Promotion and Development C..Category: Company Law | Date: | Hits: 197
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