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Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... Case No.355 of 1968 instituted Title Suit No.280 of 1970 in the First Court of Sub-Ordinate-Judge, Dhaka on 29-12-1970 impleading the respon­dent No.6 as defendant No.1 and others as defendants for declaration of right and title in the suit CS Khatian No.211 CS Plot No.560/669, of Mouza No.278 Tej..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....e. 2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deeds dated 13.01.1974 allegedly given by the predecessor of the ..

Category: Property Law | Date: | Hits: 66

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

.... with the undertaking given by Siemens dated 15.9.1999 is collusive, mala fide, fraudulent, illegal and not binding upon the plaintiffs. The plaintiff-respondents also made a further prayer by way of declaration that the defendant No.1 Siemens is bound to pay the decreetal amount of Tk. 39,34,740/- ..

Category: Civil Law | Date: | Hits: 87

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....er. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 wh..

Category: Procedural Law | Date: | Hits: 69

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....legations made in the Writ Petition. Their case, in short, is that the impact of so-called expectation of rights/bonus has not reflected rationally in the price of the mutual funds. Moreover, illegal declaration of stock dividend by mutual funds had made the mutual fund units similar to shares of a ..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....urther order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for furt..

Category: Property Law | Date: | Hits: 155

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ndent No.1 by filling affidavit-in-opposition. Their inter-alia case is that the Divisional Officer approved the price of Taka 15,710.75 per metric Ton and the payable VAT rate is to be 10.75% as per declaration and the petitioner is liable to pay VAT at the supply stage of Taka 1,41,39,675 upon 6,0..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....ncerns nothing more than a question of legality of an order of restoration of a suit earlier decreed ex parte, fit­ness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of ..

Category: Property Law | Date: | Hits: 149

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....is heir Montaz Shaikh, Entaz Shaikh as a party and in that suit he prayed for par­tition claiming the land covered by procee­ding under section 145 Cr.P.C. to be a co-sharers property and asked for declaration of the Shaham of the parties after partition. He also prayed for title and khas possessi..

Category: Criminal Law | Date: | Hits: 88

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....e petitioner and the opposite party refused to supply paints to the petitioner. The peti­tioner then instituted a declaratory suit No.416 of 1981 in the 3rd Court of Subordi­nate Judge at Dhaka for declaration that the refusal to supply the paints to the petitioner was illegal being in violation o..

Category: Criminal Law | Date: | Hits: 67

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....he other hand, empowers the National Board of Revenue to declare by a notification in the official gazette any goods and any services in respect of which the turnover tax shall be chargeable and such declaration may be made at any time before or after the issue of notification under section 3 of the..

Category: Administrative Law | Date: | Hits: 491

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....on No.4746 of 2003 challenging the acquisition of 5.40 acres of land and industry pertaining to BS Dag No.11, Mouza-Bandar, District-Chittagong in Land Acquisition Case No.12/1996-97 and prayed for a declaration from this Court that the land acquisition proceeding in LA Case No.12/1996-97 has been a..

Category: Civil Law | Date: | Hits: 170

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....with his two business partners were coming from Singapore by flight No.TG 321. The petitioner was carrying 126 pieces of gold bar which belongs to him. Soon after his arrival at the Airport he gave a declaration about the gold bar to the Customs Authority as per section 139 of the Customs Act, 1969 ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

....esent suit is barred by the principle of res judicata. 26. It is decided by upto the High Court Division that the plaintiffs have no possession in the suit land. So the plaintiffs' simple suit for declaration without any consequential relief is not ex-facie maintainable. 27. We have carefully ..

Category: Procedural Law | Date: | Hits: 165

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....m as plaintiffs instituted the Title Suit No.52 of 1991 in the Court of the learned Senior Assistant Judge, Kashba, Brahmanbaria impleading the above petitioner and others as defendants praying for a declaration that the compromise decree dated 8-11-90 passed in Title Suit No.78 of 1988 is not bindi..

Category: Property Law | Date: | Hits: 112

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..

Category: Criminal Law | Date: | Hits: 77

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

.... this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, collu­sive, ill..

Category: Procedural Law | Date: | Hits: 114

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....ill under treatment of a specialist or whether he is cured in the meantime. His Advocate also could not enlighten us in this respect. 3. The Bench issuing the Rule opined that relying on the dying declaration of victim Jamila three appellants including the convict opposite‑party Abdul Momin Sar..

Category: Criminal Law | Date: | Hits: 87

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to hold that the suit does not come within the amb..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

.... Barman and others reported in 43 DLR (AD) 215 wherein it has been held- "If the dispute involves complicated question of title the plaintiff must establish his title by filing a regular suit for declaration of title. A simple suit for permanent injunction should not be allowed to be used as a t..

Category: Civil Law | Date: | Hits: 94