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Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....rs retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction can be given in appropriate cases where de facto partition for a recognisable period of time having been in existence through informal arrangement and thereby the land possessed by the i......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
.... opened a letter of credit with the Mercantile Bank Limited, Dacca, for Rs. 7,00,000/- (rupees seven Lakh), for import of power trillers. He placed orders with a firm at Hong Kong, and in course of time, certain consignment arrived at the Chittagong port. The clearing Agents of the respondent su......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity; (16) “land” means land which is cultivated uncultivated or covered with water at any time of the year, and includes house or buildings and also things attached to the earth or permane...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ate Examination started a medical pharmacy or mediÂcine shop in Miar Bazar about one mile south-east of his house. He used to go to his shop every day in the morning and return home at about dinner time. On 29 April 1984 Zafar returned from his pharmacy at about 9/9-30 PM, hurriedly took his dinne......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....the self-same facts. The law has not specifically provided for instiÂtution of a second proceeding under the new dispenÂsation. It is also to be considered whether the purpose of law in prescribing time-limit for trial will be frustrated and defeated if a fresh proceeding on the self-same facts is......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....session, that consideration money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on behalf of the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On considera......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....dul Barek Bepari as landlord paid rent to him, that after getting the land by exchange the tenants accepted the plaintiff No.1 as landlord and paid rent, that defendant Nos.7 and 8 paid rent for some time but later on, in collusion with the personÂnel of the vested property authority have created s......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....y) by paying transfer fee and obtaining approval as per Memo No. 515/26-92(H)/30 dated 31-7-1985 of defendant No.2.b) On failure of the defendant No.1 to execute the sale deed/kabala within the time specified by the learned Court be pleased to execute and present for registering of the sale ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....I, and making such other enquiries as he considers necessary, direct excision of the fraudulent entry, and his act in according so being a ministerial act, shall not be open to appeal. At the same time, the Revenue Officer shall make the correct entry, leaving a note against the excised entry th......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Solicitor repreÂsented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....ax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and thereupon seized t...... 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. ..Category: Criminal Law | Date: | Hits: 88
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....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. ...... No. 890 of 2003 making the rule absolute and directing the petitioner (writ respondent) to upgrade the post of the respondent Nos.1 to 3 (writ petitioners) with fixation of grade-V of National Pay scale. 3. The aforesaid writ petitioners filed writ petition No.890 of 2003 stating, inter a..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... appeal and consequent thereupon the appeal was disposed of ex-parte and that he had no knowledge either of the appeal or disposal of the same ex-parte on or before September 24,1992 for the first time and thereafter had the definite information on 26th September, 1992 upon obtaining inform...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....ny trees and unauthorised house and because of this condition one cannot see the home signal and the adjacent area from the outer signal. So it appears that at the place of occurrence at the relevant time there was line clearance signal for entering into through the railway line and the accused appe......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....uestion no consideration money passed and that only there has been exchange of land, that after exchanged the defendants are owning and possessing their respective land got by exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....red in law in not holding that the review petition was barred by limitation and the submission that the learned Judges of the High Court Division erred in law in holding that refusal to extend time to the writ petitioner is violation of fundamental rights guaranteed under Article 27 of the ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... (briefly the Regulations) and not by the Act. Furthermore, the petitioner Capt. (Retd.) Syed Abu Naser Muhammad Okba on his retirement from the defence services was without employment for sometime before he joined the Biman which gave a start of a new career. Accordingly the Writ Bench, by......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. ..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... Court has always got the discretion to allow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....ntainable against the appellants. It will be seen from the petition of complaint that the parties were traders in jute and that the appellants bought jute from the complainant on different dates, sometimes on credit and sometimes on payment of cash and on accounting after the end of the year, the co......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....mayun Road, Mohammadpur, Dhaka. On 16.11.1971 Naser started from the resiÂdence towards his place of business at Gulshan as usual, but did not come back to his residence even late at night or at any time afterwards. Plaintiff No.1 searched for Naser at every probable place includÂing the residence......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....ehalf of the appellant. 9. The trial Court laid stress on Ext. 4, the reÂceipt and believed the story of the appellant, corroboÂrated by PW 2. It concluded that defendant No.1 was present al the time of talk al Gulshan on 1-9-73. Ext.1, a typed sheet of paper containing particulars of the suit ...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
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