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Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
.... K A. Bakr Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the respondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the Order dated 4th May, 1970 passed by the erstwhile High Court of East Pakistan in Writ Petition No. 127 of......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to 1968-69 under section 3 of the Urban Immovable Property Tax Act, 1957 (her..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... Not represented-Respondent No.3 Criminal Petition For leave to appeal No. 189 of 2006 (From the judgment and order dated 27-03-2006 passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of 2003)...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of 2003) Judgment: Syed J.R. Mudassir Husain CJ.- This criminal petition for leave to appeal has arisen out of judgment and order dated 27-03-2006 passed by a Division Benc..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....ed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High Court Division in criminal Revision No.603 of 2005) ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......on-Record-For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passe..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....i. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Court Division in writ Petition No. 890 of 2003.) Judgem......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......e Petitioners Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July 20, 1999 passed by the High Court Division in Civil Revision No. 1825 of 1994) Ju......his onus that inspite of issuing the summons through registered post with acknowledgement due, as required under Sub-Rule 2 of the Rule 19B of Order V of the Code of Civil Procedure, the said notice actually did not reach him and since inspite of appearance of the respondent No.1 who is his...... in Miscellaneous Case No. 7 of 1992 allowing the same. The Miscellaneous Case was registered upon and application filed under Order 41, Rule 21 of the Code of Civil Procedure. 2. The aforesaid Miscellaneous Case was filed seeking re-hearing of the Miscellaneous Appeal No. 7 of 1989 ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by the High Court Division in Civil Revision No. 4255 of 1997.) Orde...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. .......S.M. Shafiullah, Advocate with him) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....gir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Court Division in Civil Revision No. 1571 of 2003.) Judg......ed Advocate-on-Record placed before us the impugned judgment and order and other materials on record and submits, inter-alia, that the learned Single Judge of the High Court Division failed to take notice of the fact that the plaintiff never executed the deed of heba-bil-ewaz deed dated 16.02.19...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) Judg...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......p; Syed J. R. Mudassir Husain CJ : This is an appeal by the State arisen out of the leave granting order dated 12-07-2000 passed by this Division in criminal petition for leave to Appeal No.37 of 2000 which was preferred against the judgment and order dated 14-11-19..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) Judgme...... the earlier Bench, the relevant file of the Ministry of Finance at note No.140 Annexure Q-1 to the writ petition and annexure-X-1 to the writ petition at note No.2.1.1 could not be brought to the notice of the Court and upon consideration of these two notes of the note sheet, the later Bench of...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in both th......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-one by Bangl..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And ......e land owners and cultivators in Parabarta and Borokaw Mouza in the district of Gazipur filed the above mentioned writ petition claiming it to be a public interest litigation. They challenged notice dated 22.06.2002 issued under Section 3 of the Acquisition and Requisition of Immovable Prop...... For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And Civil Petition for Leave to Appeal No.50 of 2006 (From the judgment and order dated 31.08.2005 passed by ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....; A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent No. 2. Civil Appeal No. 68 of 2002 (From the Judgment and Order dated May 10, 1998 passed by the High Court Division in Civil Order No.3451 of 1998) Judgmen......rd we are of the view trial Court failed to appreciate the materials on record while dismissing the suit on the aforesaid ground. The appellate Court in detail discussed the materials on record and noticed the face that defendant was not opposing the plaintiffs claim rather admitted the pla......and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and ...Category: Property Law | Date: | Hits: 28
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....t any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of th......t premises at 8, Rankin Street, Wari, Dhaka on the averments, inter alia, that the respondent was not paying rent of the suit premises at the rate of Tk. 150/- per month with effect from June 1971. A notice under section 106 of the Transfer of Property Act was served on him on 23.2.88 requiring him ......tamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....rds, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elect......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... valid. Even if election of members is separately published in the gazettes no purpose will be served as because chairman has not been declared elected. There should be no piecemeal Notification, one for Chairman and another one or two for the members. The impugned Notification is liable to be set a..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....al No. 72 of 1989). Not represented — Respondent No. 6 (In Civil Appeal. No. 72 of 1989). Civil Appeal No. 68 of 1989 with Civil Appeal No. 72 of 1989. (From the Judgment and decree dated 16.2.89 passed by the High Court Division, Dhaka in First Appeal No. 46 of 1988). Judgmen......ce having regard to the facts and circumstances of the case. 23. Defendant No.4 (as also defendant No.1) who did not put up any contest to the amended prayer of the plaintiffs in the appeal having noticed the plaintiffs' move, which in the course of hearing has been described by her learned couns...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 1-9 Ex-parte—Respondent No.10 (State) Civil Appeal No. 87 of 1985. (From the Judgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, in First Appeal No. 46 of 1977). J......why Ext. 4 does not contain any signature of defendant No. 1 and was not satisfied with the explanation of the appellant as PW 1 that she was old, invalid and unable to write. The High Court Division noticed that deposing on commission defendant No. 1 signed her deposition. Had she been present at t......the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 327 of 1978 ......g aside the concurrent findings of the courts below without any finding that those were perverse or unreasonable or without any evidence. II. Because the High Court Division failed to notice a vital document, Ext. 7, which is a barga Kabiliyat executed by the defendant No.1 himse......e High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" &am..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed by the High Court Division in Writ Petition No. 4004 of 1998 making the Rule ......lement Application Nos.830-834 of 1998 wrongly written in the rule as 832-834 partly modifying the order of writ-respondent No.3 (Annexure-C series to the writ petition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respond...... August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 869 of 2001 Judgment: &n..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1969 in favour o...... the judgment of the learned Additional District Judge in that view of the matter cannot be sustained in law. The learned trial Court has elaborately discussed the documentary evidence and also taken notice of the oral, evidence adduced by the parties and conclusion followed that the plaintiffs (sic......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property..Category: Tenancy Law | Date: | Hits: 194