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Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....laintiff has been possessing the suit land. Further case of the plaintiff is that at the time of RS operation the suit land was recorded in the name of Shashi Kumar Singh and Jogesh Chandra Shil wrongly. That Burundi Hawlader died just before RS operation and his heirs-the defendant Nos. 44-60 ......on of the said land in favour of the plaintiff and since then the plaintiff has been possessing the suit land. Further case of the plaintiff is that at the time of RS operation the suit land was recorded in the name of Shashi Kumar Singh and Jogesh Chandra Shil wrongly. That Burundi Hawlader di...... Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......cedure Code which was also allowed. The contesting defendants have filed the necessary papers of these above stated suits and case to substantiate their case. All these papers along with mutated khatian of the suit land in the name of the contesting defendants strongly supports the defendants&#..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......decree. The plot index-the exhibits 2 and 'Chha' prove that the land of original plot Nos.301 and 301/084 which was partitioned by that sole decree of Partition Suit No.397 of 1920- have been recorded in the new plot Nos.487, 488 and 489. So, all these documentary evidence viz.,the exhibits-......6 DLR (AD) (2014) 315. ......ellaneous Case No.40 of 1994 under section 24 of the Non-Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
.... order passed in the said case.
10. The Appellate Tribunal found the departmental appeal and the Administrative Tribunal case barred by limitation relying on rule 18 (in the decision it has wrongly been written as section) of the Rules, 1985. But it failed to consider sub-rule (4) of rule-......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......tition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......nding of the inquiry officer nor his recommendation are binding on the punishing authority. The authority may agree with the report or may differ, either wholly of partially, from the conclusion recorded in the report by the Inpuiry officer. 9. Viewed thus, and considered in the backg......is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......t- A) instituted by the plaintiff against the defendant and the discharge order dated 18-2-2009 (Exhibit-A) passed in that case. 13. Upon consideration of the evidence on record, the trial Court recorded findings that the marriage was subsisting and that the divorce did not become effective due...... Md. Sydur Rahman………………………….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......migal Vs. State of TN, (2005) 2 SCC 13, the involvement of three accused perons in the alleged conspiracy is sought to be established by their confessions. The court noticed that two confessions were recorded long after the murder when the conspiracy had culminated and therefore, it was held that, s......be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......decree. The plot index-the exhibits 2 and 'Chha' prove that the land of original plot Nos.301 and 301/084 which was partitioned by that sole decree of Partition Suit No.397 of 1920- have been recorded in the new plot Nos.487, 488 and 489. So, all these documentary evidence viz.,the exhibits-...... This Case is also Reported in: 66 DLR (AD) (2014) 315. ......ellaneous Case No.40 of 1994 under section 24 of the Non-Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......iyan his 2nd wife was pregnant and after his death his wife gave birth to a son namely, Abdul Gafur Bhuiyan— who subsequently died leaving defendant Nos.66-76 as his heirs. That the heirs of CS recorded tenant Ashraf Ali, Anser Ali and Amjad Ali have been impleaded as defendant Nos.77 to 81, T...... This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....urther submits that the High Court Division came to a finding that it is well-settled that the assessment of valuation of asset by PWD officers has no evidentiary value and the trial Court acted wrongly in considering the valuation report of disputed house and therefore the declaration of ......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......on made by the local Union Parishad on the basis of a resolution with invitation to the incumbent Nikah Registrar to be present in the meeting and allowing him to speak out his opinion, if any, to be recorded and sent with the requisition, may be through the local administration. The decision being ...... vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
.... as per pawnbroker lending money business, "time limitation" in such business is 22(twenty two) months starting from the date of taking gold ornaments as security before 2004 of the date of wrongly seizure of the gold by the law enforcing agency; proper accounts must be made of all the sei......;mate dues from the mortgagors including 46 claimants and the other rights arising out of the transactions as per the prevalent practice and custom of money lending business which have been reflected/recorded in the Ledger Accounts Book as pointed out hereinbefore and that shall be to the great detr......96 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......িন্ধান্ত প্রদান করা হইয়াঠে; In the process of assessment, he may reject any allowance and/or deduction claimed under the Ordinance for reasons to be recorded. But he must remember as he could ask for evidence in support of any allowance or deduction......ন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduc......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
.... the original owner of-'the suit land, settled in 2.36 acres of land at a Jama of Taka 7 annas 12 in 1351 BS in his favour and taking lease, he started possessing the suit land. The SA record was wrongly prepared in the names of defendant Nos.1-33 and, as such, he instituted Other Suit No. 520 o......nd without giving any sketch map. It further appears that the plaintiff failed to produce the SA Khatian. The CS Khatian has been submitted. It appears from the CS Khatian that the suit land has been recorded in a number of plots measuring an area of 2.36 acres out of which the plaintiff sought for ......y as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ecord was prepared in the names of the defendants. The plaintiff's further case is that he got his homestead on the land of plot No. 4472. For the wrong recording of the suit land in SA khatian, the plaintiff's title became cloudy and hence the suit has been filed for declaration o..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......ermanent disfiguration at her head and face. With these allegations prosecution has launched by lodging an FIR by her cousin sister's husband Md. Sirajul Islam as informant (P.W.1) which was recorded as Palash PS Case No. 6(4) of 1996. 3. The police after investigation submitted c......se. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....Uddin and Afaj Uddin who inherited his property and is possessing the same. RS record primarily recorded the name of plaintiffs but while RS record was published finally it is seen that RS record was wrongly published in the name of the predecessor of defendants. It is further case of the plaintiffs......hatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, Hebaj Uddin and Afaj Uddin who inherited his property and is possessing the same. RS record primarily recorded the name of plaintiffs but while RS record was published finally it is seen that RS record ......his judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... that plaintiff opposite parties has better title. Profullah Chandra was the owner of the suit land and by amalnama dated 10th Aswin, 1348 BS gave pattan of the suit land to Gahar Ali Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, H..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......proceedings are revived under sub-section (1), the accused in the case shall, if he is accused of a non-bailable offence, be released on bail to the satisfaction of the Court unless for reasons to be recorded in writing the Court otherwise directs. (3) Where any proceedings are revived under su......x months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......plying with the conditions to hold 2% minimum shares in the share capital of the bank, as prescribed in the BSEC Notifications dated 22-1-2011 and 7-12-2011 29. In view of the deliberation recorded above, this petition is dismissed and the petitioners are hereby held disqualified to hold ......tes—For the Petitioners. Aktar Imam, Senior Advocate with Rashna Imam, and Reshad Imam, Advocates—For the Respondent No.1. Probir Neogi with Shuvra Chakravorty and Manzur-al-Matin, Advocates—For the Respondent No.4. AM Mahbubuddin with Saqeb Mahbub, Advocates—......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......for being added as parties in that succession case. The Court allowed that application vide order dated 12-11-2007 and fixed 2-3-2008 for recording evidence of both the parties. Thereafter, the Court recorded the evidence of the opposite party No.1, Mariam Begum since the petitioners side was absent......smissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......ry remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and intelligible exercise of discretion.
18. His Lordship recorded with approval the learned Attorney-General's profferment that the allegations that the ......e to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ...... সিন্ধান্ত প্রদান করিয়াছেন; In the process of assessment, he may reject any allowanmce /or deduction claimed under the Ordinance for reasons to be recorded. But he must remeber as he could ask for evidence in support of any allowance or deduction ......ন করা হইয়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
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