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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....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. ...... on the finding that the plaintiffs were illegally in possession of the property and that the property assumed character of vested property. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding th..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....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. ......1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in suit measuring 3.30 acres of C..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....Code. 8. Mr. Akram Hossain Amin, learned Counsel appearing for the appellants, has contended that the power of amendment which the trial Judge possesses under order 6, rule 17 of the Code is discretionary and that the learned Subordinate Judge having exercised his discretion to refuse the ......land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subsequent actions taken by him were illegal, void and without jurisdiction on the allegations that the suit land was originally the khas land of Bhawal Raj Court..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....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. ......e purposes, the same should be exempted under section 6(a) of the Act from levy and imposition of the tax and/or from urban tax and as such the assessment of tax by the respondents is without jurisdiction, void and inoperative. It has been further contended but the word 'occupied' occurring..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... 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. ......or convenient enjoyment or possession of their respective land. 6. As against the judgment and decree of the trial Court, the defendant No.1 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence on record ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....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. ......posed the Rule, on several grounds. 5. The High Court Division upon hearing made the Rule absolute and declared the impugned memo that is Annexure-Q to the writ petition illegal and without jurisdiction and further directed the respondent No. 2 and another to allow ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....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. ......id not make out any case for back salaries and benefits nor did they pray for any direction or writ in the nature of mandamus and that the High Court Division has, therefore, acted beyond its jurisdiction in giving directions for reinstatement of the writ petitioners with back salaries..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... Deputy Commissioner as per Section 4 of the Ordinance but their objections were rejected illegally by the Deputy Commissioner and as such the petitioners moved the High Court Division in its writ jurisdiction. 5. The rule was contested by the writ respondent Nos.1 to 4 filing affida..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......iled to appreciate the evidence on record and thereupon arrived at a wrong decision and dismissed the suit. 6. The contesting defendant moved the High Court Division in revisional jurisdiction. The High Court Division rejected the revisional application summarily on the finding..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ourt dismissed the suit. On appeal being Title Appeal No. 193 of 1991 the appellate court also dismissed the appeal. Being aggrieved the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......nd documentary, concurred with the findings and decisions of the trial Court and thereupon dismissed the appeal. Thereupon the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule on the findings tha..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....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. ......penalty, or else the power of attorney will still be inadmissible in evidence. 31. It has been submitted by the learned Counsel for the respondent that the Treasury Officer, Chandpur was without jurisdiction in validating the power of attorney under section 18 of the Stamp Act. Under sub-rule (..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. .......4 that it was prepared at the direction of defendant No.1 or that defendant No.2 was signing the same on behalf of defendant No. 1. 16. It cannot be said that the High Court Division had no jurisdiction to notice these contradictory features in Ext. 4, nor can it be said that the features ..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......appeal upon setting aside the concurrent findings of the Courts below, 6. Leave was granted to consider the following two grounds:- I. Because the High Court Division exceeded its jurisdiction as provided under section 100 of the Code of Civil Procedure in setting aside the c..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....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: ......ng with the findings and decision given on loan documents Ext. B & B (1) by the final court of fact on consideration of the evidence on record and in so doing the High Court Division exceeded its jurisdiction and acted illegally when there was serious challenge from the side of the plaintiffs re..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......established that they on the basis of their purchase from Ali Ahmed Khandker and Wali Mohammad Siddiqui are in possession of the land. 9. The plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division set aside the judgment and decree of the..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person or persons whatsoever in respec..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......cting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacatio..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... with provisions of this Act, shall apply to the proceedings of Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction, and a person conducting prosecution before such Special Tribunals shall be deemed to..Category: Criminal Law | Date: | Hits: 58
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