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Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... 2. The appellants instituted the suit being Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation of their possession in the said lands as wel......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...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. ......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. ..Category: Procedural Law | Date: | Hits: 100
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
.... name of Dr. Md. Jahangir Alam, a dispute case was lodged to the concerned attestation officer by the father-in-law of Dr. Md. Jahangir Alam and by father of the defendant No.2 to the effect that the disputed land was gifted to the mother of Kamrun Nahar on 25-11-2001 by a gift deed No.6457 by Kamru...... peacefully and harmoniously living there. Meanwhile after the lapse of about two years while settlement operation was going and the name of Dr. Md. Jahangir Alam Chowdhury was published in the draft khatian or Mat-parcha then a dispute case was lodged before the attestation officer by the defendant..Category: Family Law | Date: | Hits: 167
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dant No. 1 contested the suit contending, inter alia, that the suit land does not constitute an under tenure holding but it is an occupancy holding. He claimed that the plaintiff's father settled the disputed land with the defendant and others by 4 pattas on 3.12.1927 and on the same day they made a......uzi were annulled in a regular proceeding; and the plaintiff got possession of all lands excepting the suit land. According to the plaintiff he has already possession of .43 acres of land of the said khatian which has been described in schedule ‘Ka’. The suit land has been described in schedule ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....ne under section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant a......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
....the license nor was there any allegation that the nature and character of the land was changed either to commercial or residential use. Recently some interested persons wanting to obtain lease of the disputed land influenced the Divisional Estate Officer who issued a notice on 25.01.2007 canceling t......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 69
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......e next submits that the High Court Division failed to consider the observation of the appellate Court that the trial Court had noted the forgery made by the defendant in the register of the suit R.S. khatian in connivance with the collectorate staff, but the defendant did not challenge that finding ..Category: Property Law | Date: | Hits: 66
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. ...... 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. ..Category: Property Law | Date: | Hits: 67
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....hares. In paragraph 13 of his written statement in Other Class Suit No.84 of 1967, he made the similar statement. In the present written statement the appellant had admitted in paragraph 9 that the disputed property was acquired with the money provided by their mother and that as per desire of the......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
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: ......he impugned order and as such it is liable 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. The..Category: Civil Law | Date: | Hits: 67
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
.... Legislature in view of item 43 of Third Schedule of the Constitution of 1962 and (2) whether the imposition of Cyclone Relief Surcharge was illegal whether it was a tax on a tax. 5. It is not disputed that the Company during the relevant period was enjoying tax-holiday under section 15BB. Th......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....l service rendered to some individuals by the agency authorised to charge a toll or fee. It is not necessary in this case to go into the distinction between a tax and a toll or fee as that is not disputed. A tax, toll or fee is imposed in public interest and in a toll or fee individuals receiv......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......ot by 4 brothers including the defendant No.1. The Court below held the view that the entire suit plot is not the undivided dwelling house of the defendant No.1 as the suit land has been described in khatian as chala land where vegetables are grown. Since the suit land is a part and parcel of land w..
Category: Property Law | Date: | Hits: 63
....have been accompanied with the additional paper book filed on 6th February, 2012 in C.P. No.1781, 1784 and 1785 of 2011 and tries to convince us that there is no vacant post in the LGED. This being a disputed question we are not inclined to enter into this disputed fact at this stage.
23. In Uma......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....he Writ Petition. But here also date and time are not mentioned. So, their claims are unspecified and vague. In the face of denial of the assurance or promise by the Authority, the issue has become a disputed question of fact which cannot be examined and determined in a writ case. 18. The above v......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....y non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the conditions laid down in Order XL of the Code of Civil Procedure are ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....he case of Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181 and Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of d......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....ced as documentary evidence for consideration by the trial Court. It further observed that whether the notice was a demand notice or not as contemplated under section 138 (1) (b) of the Act is also a disputed question of fact which could not be decided by the High Court Division while exercising jur...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....it is liable to be dismissed. The suit is also barred by section 42 of the Specific Relief Act and also barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have an......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
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