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Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......¾à¦°à§€ à¦à¦¬à¦‚ দোকান ঘর বাবদ ২৯ শতক জমি বাদ যাইবেâ€à¥¤ The plaintiff has not stated by giving any separate schedule giving particulars to the khatians, plot numbers and the area of the land which he had sold to others and in which plots of la..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....e Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question regarding the benami t......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..

Category: Property Law | Date: | Hits: 86

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the di......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...

Category: Property Law | Date: | Hits: 103

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....iven by him but not others. His evidence as regards the occurrence appears to be otherwise uniform and straightforward. In the instant case, the fact that the death of the victim was unnatural is not disputed and it gets full support from the evidence of the doctor P.W.6 Rezaul Karim and his post‑......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....g cross-examination by defence, nothing could be elicited from this witness for the benefit of the defence. However, he has stated that he came to learn that Civil cases are pending in respect of the disputed Shaymahar Dighi and none of the parties showed any paper in respect of thereof to him. 2...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

.... and figures than those of the remaining portion of the said letter and the same have been surreptiously inserted subsequently by some interested quarters. In these References we cannot decide such a disputed question. We would assume that the said letter of authority was given to the said officer o......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ...... finding that notices of the Miscellaneous Case No 89 of 1972-73, were duly served upon the co-sharer/joint tenants in those holdings and as such the order allowing amalgamation and creation of a new khatian in the name of H.E Percival alone was validly made, and the pre-emptors ceased to be co-shar..

Category: Property Law | Date: | Hits: 128

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....tries in the Gazette Notification does not absolve the Government from denying the facts alleged by the claimant or from disclosing the basis of treating the property as abandoned property when it is disputed. Section 5(2) of the Ordinance clearly provides that the list published under sub-section (....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ..

Category: Property Law | Date: | Hits: 150

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....rmally occur, this ideal level of capacity is almost never used to set predetermined overhead rates. Practical plant capacity represents the theoretical capacity less unavoidable timeless." It is not disputed that the duty of excise is leviable on actual production of the excisable goods. The Govern......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...

Category: Fiscal/Taxation Law | Date: | Hits: 199

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

...., endorse on the application and each of the representations a brief statement of the novelty he claims for this design." 18. It is our opinion that to determine the novelty and originality of the disputed design, it needs to be looked at as a whole to see whether the 'show cap' materially affect......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

.... was transferred to the defendant No.4 and this mutation Khatian coupled with the inspection report dated 20‑10‑96 conclusively proved that the defendant opposite parties are in possession of the disputed land and, as such, the learned appellate Court below after admission of the appeal rightly ......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...

Category: Civil Law | Date: | Hits: 93

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....in the Comilla Bench no Deputy Attorney-General has yet been appointed, but the Assistant Attorney-General Mr. AF.M. Shahid, has been appearing in Death References although. These facts have not been disputed by Mr. Moksudur Rahman. The observation of the learned Judges is, therefore, not based on a......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...

Category: Criminal Law | Date: | Hits: 116

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ...... Single Judge found that Tamijur Rahman, the son of plaintiff Pearjan has given a genealogy, which was not challenged in cross-examination, and that fact found corroboration from the recording of the khatian Ext.3. The first appellate Court, did not take note of the fact, that he was not cross exami..

Category: Property Law | Date: | Hits: 73

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ommissioner of Taxes of the cost of the house, which was made under read­ing and showing the contents of a report of an inspector to the authorized representa­tive of the assessee? 13. It is not disputed that in the return submit­ted for the year in question the applicant showed cost construct...... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....he parties, perused the application under section 561A of the Code of Criminal Procedure and subse­quent supplementary affidavits which became the part of the application. The FIR, charge sheet, the disputed order of sanction, 161 and 164 statements of some of the witnesses which have been annexed ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....r, UNO Shibganj, OC, Sadar and Shibganj, Bogra to stop and ensure all kinds of construction works at the Mahasthangar Ancient Monument area and at present no such construction work is going on at the disputed place. The respondent No. 3 himself is visiting the place regularly. 11. Fulltime police......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....nd constitutes criminal liability as well and that both civil and criminal liabi­lities may co-exist and these two liabilities are not mutually exclusive. 5. In the instant case the facts are not disputed. In connection with a criminal case under section 379 of the Penal Code, the tractor in que......ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..

Category: Criminal Law | Date: | Hits: 111

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....vernment excepting in accor­dance with the procedure laid down in the said Order or under any other statute which may enable the Government to do so. Simple as this proposition is which is not also disputed by any one, the real question is whether this can lead to the inference that the Government......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..

Category: Trust/Waqf Law | Date: | Hits: 148