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Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......itional District Judge, Bagerhat in Title Appeal No.165 of 1993 reversing those dated 21.06.1993 passed by the Assistant Judge, Additional Court No.2, Bagerhat in Title Suit No.290 of 1989. 2. The case of the plaintiff, in short, is that 59 decimals of land in C.S. khatian No.183 under mouza Saru..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......f per decimal land stands at TK. 1, 58,794.00. For the purpose of assessment of award the respondents collected 6(six) sale deeds varying rate of sale at TK. 2,00,000. to TK. 2,000.00 and in such a case the respondents are likely to assess award at the average value of highest and lowest price but..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......aid Zahirul Islam, his brothers and sisters, the petitioners therein started conspiracy to grab the properties. 3. The petitioners opposed the application by filing a written objection. Their main case is that on the death of their brother, Zahirul Islam said minor child got eight annas, the wife..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......practicable, feasible or desirable. The arguments may seem appealing but we are unable to appreciate, as the long-standing principles for partition of a multi-storied building are there to govern the case. Such a co-sharer can always be adequately compensated by payment of the proportionate value of..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507........ Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It is situated on plot No. 50794, appertaining to MRR Khatian No. 1328, corresponding to ..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ....... The order dated 2-3-1999 passed by the learned Magistrate taking cognizance under section 138 of the Negotiable Instruments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed..Category: Criminal Law | Date: | Hits: 28
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......nt. In a suit for a decree of declaration as sought for in the plaint, new relief for a money decree could not be allowed to be added by amendment. The plaintiff could not be permitted to improve his case by way of amendment. The plaintiff also could not be allowed to take away his admission made in..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......enal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15 days more 2. Prosecution case, in short, inter alia is that on 23-1-86 Thursday, at 11-00 AM deceased Shaymol Kanti Saha drov..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......ed 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ....../109 of Penal Code and section 5(2) of Prevention of Corruption Act (Act II of 1947) hereinafter referred to as the Act. Mr. Abdul Hakim, an Officer of the Bureau of Anti-Corruption, investigated the case, seized alamats and examined the witnesses. Thereafter, the informant himself took up the matte..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......al maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribunal was justified in maintaining the order of the Commissione..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......writ petitioner.
2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that respondent No. 5 took a loan of Taka 25,000 but he faile..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ...... sentencing him thereunder to undergo rigorous imprisonment for 3(three) years and to pay a fine of Taka 25,000 in default to suffer simple imprisonment for 9(nine) months more. 2. The prosecution case, in short, is that the accused appellant was the proprietor of Mamtaz Jewellery, New Market, Dh..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......aid decree holder from executing the decree for possession. On 9-9-2001 the application was heard and rejected on contest. Similarly, their application for stay of further proceeding of the execution case was rejected on contest by the executing Court by its order dated 29-8-2001. 5. Then, on 18-..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......e No.23 of 1990 affirming the order dated 18.10.1989 passed by Mr. Reza A Rabbi, Administrator of waqfs, Bangladesh in Office Diary No.5060 dated 05.02.1989 in relation to E. C. No. 4474 deciding the case property to be waqf property of Tariqullah Biswas waqf Estate, Hazi Mohammad Mohsin Road, Jesso..Category: Trust/Waqf Law | Date: | Hits: 183
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......Deputy Director General and that as per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976, the Deputy Director General is the competent authority to pass any punishment order in case of a Havilder of the Bangladesh Rifles and that the alleged impugned order of dismissal, eviden..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......o has been annexed as Annexure-E to the additional paper book. 4. However leave was granted to consider whether in view of Section 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Division erred:- (i) in not fin..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500....... and recovery of khas possession. 3. Defendant-petitioner contested the said suit by filing written statement denying the material allegations made in the plaint. The short fact of the defendant's case is that, C.S. recorded tenant of the suit land including other lands was one Nanda Bhuiyan who ..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......27 of 2005 dismissing the appeal affirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ram..Category: Property Law | Date: | Hits: 42
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......nt ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a typist in 1979 of Bakerganj Zi..Category: Employment/Service Law | Date: | Hits: 71
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