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Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.....613/58 Road No.28 (Old) Dhanmondi Residential Area, Dhaka in the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was th......overnment as abandoned property under the President's Order or in respect of which notice for taking possession by the Government as abandoned property under that Order has been issued, or (b) a declaration that a building is not an abandoned property and has not been vested in the Government u..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
.... Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualificat...... Appeal against the decision dated 30-11-2011 of the Project Director of BTCL declaring NETAS as not pre-qualified, though not allowed under law, ought to have been filed within 7(seven) days of such declaration as provided in Rule 57(1) of PPR 2008, but NETAS has filed its appeal on 5-1-2012, which..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b...... is relevant against the others, not only for the purpose of proving the existence of the conspiracy then also for proving that the other person was a party to it. According to section 10, the act or declaration must have been done or made in the execution of furtherance of the common purpose, anyth..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ation invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Divisio......y duty. 24. It was contended on behalf of the respondents that a supplier of SIM card has been illegally treated as service it is taken as service only by virtue of a legal fiction, namely, a declaration by the NBR. It is further contended that a supplier of a SIM card cannot be a service a..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent ...... respect of possession in the suit properties. 3. The opposite-parties as plaintiff instituted Title Suit No.192 of 1990 in the Court of Additional Assistant Judge, 3rd Court, Khulna seeking for declaration of title in the plaint schedule of land measuring an area of 2.00 acres appertaining to ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr......ed against judgment and decree dated 30-9-2009 passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit No.136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of posses..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a......arim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a cer..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
.... Md. Taufique Hossain, Advocate-on-Record—For the Petitioner. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the ...... 2. The respondent No.1 Ms. Eazilatunnesa, as plaintiff, filed Title Suit No.132 of 1993 in the court of Senior Assistant Judge, Dumuria, Khulna against the present petitioners and others for declaration and mandatory injunction. The plaint case, in short, was that the Banachhaya Mahila Kall..Category: Others | Date: 15 Jul, 2012 | Hits: 6
....e.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said pr......t controvert the facts alleged in the affidavit-in-opposition about the judgment of the Court of Settlement. Keeping the judgment of the Court of Settlement intact the writ-petitioner cannot have any declaration that enlisting of the disputed property in the ‘kha’ list of the abandoned b..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ate-on-Record—For the Petitiner. (In Civil Petition No.1434 of 2012) Not represented—For the Respondents. (In all the Civil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 o......The preparation of correct voter list is an important part of the election process and a voter list containing duplication and triplication of the names of some of the voters must be corrected before declaration of election schedule. 37. Having given our anxious consideration to the facts and c..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo......in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He too..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea......ther of the minor, ante litem motem was produced. In the above context, their Lordships opined that "Doctor's certificate which is only an assessment of opinion and the minor's declaration before the Magistrate as to age are no proof and discarding the doctor's certif..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
....s to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw material, as available in the count...... main raw material, as available in the country. The petitioner company being a VAT registered entity, as per the requirement of rule 3(1) of the Value Added Tax Rules 1991, (Rules) submitted a price declaration of its product vide Mushak-I for payment of VAT to the concerned Divisional Officer, res..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....…Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to pro......espondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove t..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Doll......ned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court Division, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that subsection authorises the High Court Division to make by its order..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi......s opposed to ornamental, to the framing of the Constitution." 15. In discussing point (II) the Preamble and Article 7 this Court observed "It is in our Constitution a real and positive declaration of pledges, adopted, enacted and given to themselves by the people not by way of a prese..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ...... Title Suit No.280 of 1970 which was annexed to the affidavit-in-opposition filed by the added respondent as annexure-T, it appears that the predecessors of the writ-petitioners filed the suit for declaration that they are the exclusive owners in possession of the suit land and that none of the ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....i, at the instance of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mo......name of the Government under Khas Khatian No.1. 3. Thereafter, the petitioner as plaintiff initiated Other Class Suit No.105 of 1995 in the Court of Senior Assistant judge, Sadar, Mymensingh for declaration of his title and confirmation of possession of the plaintiff (petitioner) upon the suit ..Category: Others | Date: 22 May, 2012 | Hits: 9
....12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration p......r of his Company demonstrate nepotism and favoritism as he was a very influential in the decision making process at the relevant time. It appears that Mr. Mohammad Shahiduzzaman did not make any declaration as to his relationship with the tenderer but participated both as a tenderer as well as ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......e, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of the..Category: Property Law | Date: 8 May, 2012 | Hits: 112
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