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Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
.... Arbitrator for Taka 3,18,216.43 as back as 19‑6-91 forgetting his claim for Taka 29,43,695. The owner had to start execution for recovery of the amount. Under the law of acquisition, no owner is expected to go through such arduous and lengthy process for the compensation of land ultimately awar......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......rein. Their case, in brief, is that the suit land belongs to the Government. The S. A. and R. S. records in respect of the suit land were prepared in the name of Government and the lands against different plots therein were described as marshlands, namely, Chengra Beel, Choto Chengra Beel, Goal Beel..Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......er. Sonaullah Talukder was appointed as the mutwalli, defendant further showed that the plaintiff’s father and after him the plaintiff all along treated the land as mokarari jote right and realized rent from the settlement holder. In this connection defendant also referred to a decree in Title Sui..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... the evidence on record set aside the order passed by the Revenue Officer. The Additional Collector, Bakergonj by an order dated 12-7-1955 in Miscellaneous Case No.192/55-56 directed to realize the rent from Lamio Matbar for those lands. He also directed not to disturb the posession of Lamio Matba..Category: Property Law | Date: | Hits: 67
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......able to be set aside. 5. Mr. Bhuiyan has further submitted that the appellants’ claim of title and possession is supported by registered sale deed, mutation khatian, duplicate carbon receipt and rent receipt in name of their father Abdus Sattar Bhuiyan. They have a good arguable case and have p..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......eave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control Ordinance, 1963. 2. There are some decis..Category: Property Law | Date: | Hits: 87
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....tunity was ever afforded to the applicants to explain the receipts before such enhancements were made. 26. It is a fact of life that no one, particularly in such business of construction, could be expected to earn at the same rate of profit every year. Change or fluctuation in the rate of profit ......h reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? (d) Whether the Appellate Tribunal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. AB Siddique, learned Advocate for th..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....dex (Exhibit 4) is clearly within the compound of the house of the accused, used to deposit cowdung, cannot be believed to have been intended for public use, while the members of the public cannot be expected to trespass into this separate and individual house of the accused Nasir to deposit cowdung......ccused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run concurrently and that the period during which the accused was in jail custody shall be deducted from the t..Category: Criminal Law | Date: | Hits: 79
....that the concept of legitimate expectation can have no role to play and the Court must not usurp discretion of the public authority which is empowered to take the decisions under law and the Court is expected to apply an objective standard which leaves to the deciding authority the full range of cho......o issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring their services in the revenue set up. They claimed that they were appointed in different projects under the Local Government Engineering Division (LGED) of the Ministry of Local Govern..
Category: Employment/Service Law | Date: | Hits: 147
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
.... Counsel of both sides relied upon the said decision also. In this decision, their Lordships point out that such principal factors are promise, existence of regular practice which could reasonably be expected to continue, policies in certain cases, standard or fairness both substantive and procedura...... promise, existence of regular practice which could reasonably be expected to continue, policies in certain cases, standard or fairness both substantive and procedural. However “.........It is different from a wish, a desire or a hope……..” A pious hope even leading to a moral obligation cann..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....t Judge for transfer of the suit from his Adalat since he was feeling embarrassed. The District Judge by his letter dated 21‑5‑01 rejected the prayer expressing that feeling embarrassment was not expected of a Judge. Said application was however, allowed and the property of the plaintiff was del......thin the mischief of section 11, first and foremost requirement is that the Court in which former suit was pending and/or decided must be competent to try subsequent suit. Said Court must be of concurrent jurisdiction both in respect of pecuniary jurisdiction and subject. 45. On 30‑10‑92 the ..Category: Civil Law | Date: | Hits: 109
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......158 to said defendant No. 14 and delivered Possession. Defendant No. 14 had since then been possessing said 49.50 decimals of land, It got its name mutated in respect of said land and had been paying rent. It filled the land with earth and erected boundary walls surrounding said land and also made s..Category: Property Law | Date: | Hits: 85
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270......., Sadar, Chittagong in Other Suit No.44 1973. 2. The appellant as plaintiff instituted the aforesaid suit for eviction of the defendant Nos.1-5 from the suit premises and for realization of arrear rents and compensation for unauthorized occupation of the suit premises. The case of the plaintiff, ..Category: Property Law | Date: | Hits: 66
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......iversal Talkies Cinema Hall situated at Kishoregonj is null, void, forged, illegal, unlawful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of the plaintiff rented a house in the year 1943, obtained licence from the authority and started cinema business. Th..Category: Property Law | Date: | Hits: 62
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....ars that the self-same political party, that is Bangladesh Awami League, has come to power and the present Prime Minister is the daughter of great leader Banga Bandhu Sheikh Mujibur Rahman. So, it is expected that there should not be any delay on unreasonable causes in the matter of absorbing those ......e writ petitioner treating him as bona fide Mujibnagar ex-employee. Since he was finally nominated by the Establishment Division as ex-employee of Mujibnagar Government, he should be absorbed in different Ministries of the Government as per decision of the Government. Though they were registered and..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......s in the name of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff thereafter came to know that the defendant No.1, the Assistant..
Category: Property Law | Date: | Hits: 56
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......heduled time, the time was extended up to 30‑6‑89. Defendant No. 16, the Executive Engineer, LGED, ordered Deputy Assistant Engineer Mahabubur Rahman to supervise the work. The plaintiff on, different dates received Taka 9,00,000 against running bills. After the death of said Deputy Assistant En..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......he plaintiffs purchased the land; that the plaintiffs by purchase acquired title over total 0.1927 acre; that the plaintiffs applied for derequisition of their purchased land and to pay all arrear of rent enclosing all the relevant documents relating to their ownership of the suit land but after lon..
Category: Property Law | Date: | Hits: 64
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......he Articles of Association of the Association. It is further alleged that the sub‑stratum of the Association has broken up and the respondent Association is a big defaulter in respect of payment of rents and a good number of employees and officers of the Association have not yet received any money..Category: Employment/Service Law | Date: | Hits: 144
....equired under the terms and conditions of the said service. Besides the payment of salary is not gratuitous but as a price for rendering the most valuable service to the nation. The Government is not expected to take advantage of its former employees sacrificing the comfort of their retired life in ......reward for the past services rendered by the petitioners in the service of the Republic and cannot be claimed as of right. The learned Additional Attorney-General in this connection went through different provisions of the Bangladesh Service Rules and stressed the fact that although the pension is a..
Category: Employment/Service Law | Date: | Hits: 99
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