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Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t in all proceedings by whomsoever held, whether judicial or administrative, the prin­ciple of natural justice have to be observed, if the proceeding results in con­sequence affecting the person or property or other right of the party concerned. Therefore this Court finds that the exercise of such...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... 4. In the plaint, it has been started further that the schedule land had belonged to Ras Bihari Das alias Ramani Mohan Das who died intestate on 10th Cartik 1365 B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was als......ecords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short facts of the pl......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

.... Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law  Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary impl­ication is the extinct......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ..

Category: Trust/Waqf Law | Date: | Hits: 114

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....ourt competent to try the same. 2. Plaintiff instituted Other Class Suit No.11 of 2002, renumbered as Other Class Suit No.4 of 2006 and Other Class Suit No.26 of 2003 for partition of the schedule property. Defendant No.1 petitioner filed written statements in both the suits and contesting the sa......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....der as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property ...... (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

.... The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A   Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amend­ment of law, that shall be ca......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....erpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials…………………………..(11) Cas...... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....ed was the head of an undivided Hindu family and that he submitted separate income tax returns in the names of his wife and two sons in the same circle and thereby, he concealed income from the house property. Upon such views, the Deputy Commissioner of Taxes issued notice under section 93 of the In......g.............Respondent Judgment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....students; (f) in subordination, alone or in combination with others, to any lawful or reasonable order of the principal or as the case may be the Governing Body; (g) unauthorized use of college property, and (h) any other activity which is considered and specified by the Board to be prejudi......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....y as per said SRO. The FIR and charge sheet clearly specified the offence under section 409 of the Penal Code. Said SRO barred the petitioner from any kind of handover of the vehicle and as such, the property was entrusted upon the petitioner upon certain conditions and handing over; the vehicle wit......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is an absolute bereft of the approved procedure…………………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the ...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....the learned Joint District Judge, Commercial Court No.2 Dhaka dismissing Title Suit No.57 of 2001. 2. Plaintiffs in the foresaid suit prayed for a decree declaring his 16 annas title over the suit property mentioned in the schedule to the plaint with further declaration that the deeds of both the......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

.... it which are not there." 33. From the case of SN Kabir Vs. Fatema Begum, reported in 15 BLC 585, it appears that plaintiff instituted a Title Suit for declaration that he is the owner of the suit property and that the defen­dant wife is his benamdar and is not the owner there­of. At the instan......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....and registered the forged deed in the name of Rai Charan. Section 463 of the Penal Code says that whoever makes any false document with intent to cause damage or injury to any person to part with any property or enter into a contract or commits fraud, commits forgery. Section 464 says that a person ......riminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made ab­solute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....into consideration for the adjudication of a cause which had arisen earlier specially in a pre-emption proceeding, which has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with c...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....eived in the Act. We also could not find the existence of such Act in the Indian Code. The Act might have served out the purpose. Disqualification of the proprietors of the estates both in respect of property and person ceased to exist long ago. 48. We requested Mr. Khondaker Mahbubuddin Ahmed to......h Court Division (Special Original Jurisdiction) Present: MA Rashid J   Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... rule which is a shadow; the former goes to the root of a matter; the latter touches merely the fringe or branch of the matter. In the instant case, production of a certificate to the effect that the property will be used for official purpose only goes to the matter of levying the tax called octroi.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....the mere approval of lease in writ jurisdiction before finalization of the same and that the writ petitioner was a Chairman of Local Union Parishad and was not entitled to get lease of the Government property; that the Deputy Commissioner duly arranged inquiry of the land and complied with the requi......ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is g..

Category: Civil Law | Date: | Hits: 182