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Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....tain facts need to be stated. The Deputy Commissioner, Bogra acquired 2.90 acres land of plot No. 3840 and .30 acre land of plot No. 9517 upon initiating LA. Case No. 36 (Shishu Palli) of 1992. The undisputed position is that at the time of acquisition of the aforesaid land appellants names were not...... on June 27, 1997 and thus the application for revision of the award was hopelessly barred and as such as the arbitration case was not maintainable. 6. The arbitrator filed dismissed the case holding that the compensation assessed is valid, that the petitioners have not proved either by oral..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......on under section 561A of the Code of Criminal Procedure for quashing the proceeding of Motijheel P.S. Case No. 26 dated 9.4.1994 and a Division Bench of the High Court Division quashed the proceeding holding, inter alia, that the F.I.R. was lodged five years after the installation of the machineri..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ....... 4. In support of the appeal Mr. Subrata Chowdhury, learned Senior Advocate, placed the impugned decision and submits, inter alia, that the High Court Division committed error in law in holding that the deposit for security for cost of the election petition made by the Advocate of the ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......icant preferred Income Tax Appeal No.4502 of 2002‑2003 before the Taxes Appellate Tribunal and the Tribunal upon hearing the parties was pleased to dismiss the appeal by order dated 16‑7‑2003 upholding the order of Appellant Authority and confirming the order of assessment of the Deputy Commis..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....ondents (In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be dec......or infact there in any material of the same and as such after the election result being announced and published in the official gazette on 12.05.2004 the High Court Division committed error in not holding that the writ petition itself was not maintainable. 9. The learned Counsel then..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
.... and his brother. 19. On the other hand, the defence adduced 3 D.Ws. who stated that the land belonged to the accused persons. Whatever may be the case, it can be found that the schedule land is disputed land and both claim the case land. This matter is to be decided by the civil Court. On peru......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......gorously contended that order passed by the Tribunal on an application for inclusion of the names of the witnesses in the column of the charge-sheet on the prayer of the investigation officer without holding further investigation is without jurisdiction inasmuch as after submission of charge-sheet o..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......eing no explanation given for non‑payment of the pension and gratuity in spite of the direction given by an interim order by this Court on 30‑3‑2002, we are constrained to hold that the persons holding the office of respondent Nos.2, 3 and 4 respectively on or around 30‑3‑2002, (when the i..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....definite contention of the plaintiffs is that the land in a portion whereof the defendant No. 52 seeks leave of the Court to make construction would certainly exceed his share and this fact is not disputed by the defendant. In that state of the matter we are of the view that High Court Div...... to the plaint. 3. The defendant No. 52 filed an application seeking for an order to allow him to demolish the alleged dilapidated building standing on a part of suit CS Plot No, 306 bearing holding No.32/2 at Malitola Road and to allow him to build up a multi-storied building as per appro..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....r was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weakness of the defence case is not in any way
disputed. The petitioner being Additional Deputy Commissioner, (Revenue) in
charge of vested and no......learned
Additional District Judge further noticed that the plaintiff must prove fraud
as they pleaded fraud in the plaint and this not having been proved, the trial
court committed error of law in holding that non-joinder of the superintendent,
vested and non-resident property has rendered the..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one must be the Chairman and Managing Dir..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......as entitled to get any decree as he prayed for; (vi) Whether plaintiff was entitled to get any other relief. 5. The learned trial Court after taking evidence was pleased to dismiss the suit holding that the Suit was not maintainable in its form and the plaintiff was not entitled to the rel..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......udulent and not binding on the petitioner. The learned Counsel further submitted that the learned Single Judge misconceived the pleadings in the case and also of the decision of the superior Court in holding that the petitioner's suit is not maintainable without further prayer for cancellation of th..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Tejgaon, Dhaka. Since the land was released in favour of Mrs. Rozario, she made a series of applications to the different authorities the vested property authority for release and restoration of the disputed land. Accordingly, the land was released from the list of vested property and ultimately it......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... create illegal obstruction to the possession of the suit land by the plaintiffs". 8. The High Court Division while making the Rule absolute also observed that the courts below were in error in holding that plaintiffs did not get exclusive possession of the land in suit in that the said findi..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....king the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. It appears that the plaintiff has discharged the primary onus to prove the genuineness of the disputed agreement. The Court may at any stage of the suit reject any document which it considers ir...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing thei......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... written statement similar to the written statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the ......igning blank stamp paper and some cartridge papers in connection with tenancy agreement remained uncorroborated. 9. The learned Counsel for the appellant submits that facts like, first holding of salish in connection with the ejectment suit as deposed by the DWs 1, 3 and 4; second, ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......ah, learned Advocate appearing on behalf of the petitioners, submits that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff from the suit land in the absence of any evid..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
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