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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......of the Ordinance acts as the Controlling Authority. Function of the Commissioner as the Controlling Authority as provided under section 23(6) read with section 111 of the Ordinance is altogether different from the function of the Appellate Authority as provided under section 119 of the Ordinance. Th..Category: Fiscal/Taxation Law | Date: | Hits: 156
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ian No.1/16 of Mouza Ramgarh within P.S. Fatikchari was settled with the appellant company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it ..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......e, after the year 1960 section 93A did not exist in the statute books and any proceeding for acquisition under such law which did not exist has no legal basis. It is further claimed that although apparently in 1963 there was substitution of Section 93A by Ordinance No.VI of 1963 that in effect is il..
Category: Property Law | Date: | Hits: 106
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......Bhowal Raj Estate who settled the same to the plaintiff-petitioner by executing Amalnama and since then she has been possessing the suit land peacefully. It has been further alleged that she paid the rent to the ex-landlord who executed the rent receipt year to year in her favour. But during the S.A..
Category: Property Law | Date: | Hits: 82
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
....... The authority after considering the petitioner's application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by payment of rent upon execution of lease deeds and delivery of possession. The petitioner having successfully co..
Category: Property Law | Date: | Hits: 90
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... S A. No. 827 of 1965.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appe..Category: Property Law | Date: | Hits: 97
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice calling upon the appellant to pay certain taxes in addition to annual rent payable in respect of his lease-hold property was challenged. Mr. M.H. Khandker, a senior adv..
Category: Property Law | Date: | Hits: 114
.... is 'not an idle formality, but a legal requirement, as reflected in section 23 of the Act, which enjoins a positive duty upon the Tribunal to act fairly.
33. Furthermore, the Tribunal is not only expected to act fairly, but it must also act judicially in the discharge of its duty. If it does oth......not be assumed that even if the other two had acted, the opinion of the former three would not have been affected. It is not impossible that a discussion among all the five might have produced a different award."
19. In another case, reported in 22 CWN (1917-18), 301 (Abu Hamid Zahira Ali Vs. Gol..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....ence of independent witness to corroborate the evidence of P.W.1. True it is that such a disgraceful act of perpetration of sodomy is not done in presence of others and hence the prosecution is not expected to produce eye witness regarding the commission of the offence. But the prosecution is not ...... judgment and sentence passed by the Courts below submits that the Courts below having arrived at the finding of guilt of the accused-petitioner on consideration of the evidence on record, such concurrent finding of facts of two Courts are not liable to be interfered at this revisional stage. By way..Category: Criminal Law | Date: | Hits: 92
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......ower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rig..
Category: Property Law | Date: | Hits: 111
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......ul Huda, in the year 1348 BS, settled his entire 27 decimals land to his wife Jibonnessa, Dr. Ashiqur Rahman, Anwara Khatoon and Shahjadi Begum and they having been possessing the said land by paying rent their names were recorded in SA Khatian No.1090 in respect of the lands of Dag Nos.3123, 360 an..Category: Property Law | Date: | Hits: 76
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......66. Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-app..Category: Property Law | Date: | Hits: 58
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......) of section 439. So far as criminal proceedings before Court subordinate to the Sessions Judge as well as the High Court Division are concerned the power or revision over them can be exercised concurrently by both the Courts. If, therefore, a party to a proceeding feeling aggrieved by the order o..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... lands permanently with them by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the Board of Revenue, that Appellant No.1 paid the Salami money and rent to the Government and executed a Kabuliyat on 15-9-53 in favour of the Collector of Khulna, who..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......oudhury, the then executor of the 10/- annas' share of the Estate of late Bishweshwar Roy Choudhury settled the said lands with the predecessors of plaintiffs 1 to 42 and plaintiff No.45 at an annual rent of Tk. 250/- on the basis of a Karsha Kabuliyat dated 1st Jaistha, 1331 B.S. corresponding to M..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......e name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul and Jogodeshwari Debba were recorded as the possessors who had been enjoying the possession thereof on payment of rent to the concerned authority. After the death of those persons, the petitioners, pro forma respon..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....cuments were seized during investigation to prove the allegation i.e. entrustment of the relief materials. Moreover, there are 17 cited witnesses including the concerned officials. The trial Court is expected to go through the materials at the time of hearing about the charge under section 241A of t......e investigation materials available in the case dockets. When there are stages open before the trial Court to consider the grounds taken, the application for quashment of the proceeding, being an inherent jurisdiction of the Highest Court, should not be entertained. In support of his contention, the..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......ction of the authority by high paid salary. He did not acquire any foreign decree as alleged by the defendants. The father-in-law of plaintiff Dr. Md. Jahangir Alam Chowdhury advised him through different letters not to send money to the brothers of Md. Jahangir Alam and others because they will mis..Category: Family Law | Date: | Hits: 167
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908).
(3) In determining the liabilities, the following shall be taken to be the direct charge on the building, namely‑
(i) rent, rates and taxes levied on the building;
(ii) outstanding dues or loans with interest payabl..
Category: Property Law | Date: | Hits: 173
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......oney by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver stated that in lieu of Taka 250 as rent he went to Upashahar in the house of Haji Shamsu Mia. Therefore, the accused persons by bringin..Category: Criminal Law | Date: | Hits: 70
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