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Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....er dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acqu...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
....te, 1st Class, Zone-3, Mymensingh, who by the order dated 8-7-95 converted the proceeding into a proceeding under section 145 of the Code of Criminal Procedure, appointed a receiver in respect of the disputed land and prevented the parties to enter into the disputed land. 3. Mr. Omar Ali Khan, le......of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensingh, against the petitioner Md. Sabdul Ali and others for a decree of permanent injunction in respect of certain lands appertaining to CS khatian Nos. 241, 80 and 259. Subsequently Sabdul Ali filed OC Suit No.45 of 1994 in the said Court ..Category: Property Law | Date: | Hits: 75
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. ......nt case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS..Category: Property Law | Date: | Hits: 85
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. ......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. ..Category: Property Law | Date: | Hits: 62
.... 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....... 2-8-79 and lastly, sold 0.741/2 acre of land to the plaintiff by a registered kabala dated 18-2-80. Thus the plaintiff purchased 1.27 acre of land from Pulin Bihari Paul. It is stated that plots and khatians have been correctly written in all the above three deeds. But in two of the deeds namely, d..
Category: Property Law | Date: | Hits: 56
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....adopted without quorum of 2/3rd majority, that the signatures of the members of the Bar as shown in the Resolution Book are false and forged, etc. The Appellate Court below gave its above findings on disputed and controversial issues involved in the suit pending hearing, on the affidavits filed by s......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ubordinate Judge decreed the suit in part for Taka 2,43,505 only with interest at Bank rate till realisation. 10. Mr. Md Abdus Samad, the learned Advocate for the appellant, submits that it is not disputed that the plaintiff did extra work beyond the tender for which the plaintiff was entitled to......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. ..Category: Civil Law | Date: | Hits: 99
Babul Vs. State, 2002, 31 CLC (HCD)
....onstitute offence there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for offence for possessing weapon of crime. 35. It can, thus, hardly be disputed that in order to award and sustain conviction for offence under sections 19(f) and 19(a) of......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
.... Commissioner and another, [1985] XVIII SCMR 464, said Supreme Court reversed the finding of the High Court that subsequent writ petition was barred by res judicata on the view that-
"It cannot be disputed, therefore, that the essential ingredient of res judicata that the matter on which the plea......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....cation once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in any higher forum. Further contention of the opposite parties are that, the disputed solenama and decree being more than 30 years cannot be put under challenge at this belated ......roperty never knew about such Sole decree. The present defendant Nos. 1‑4 recently brought Title Suit No. 30 of 2000 in the Court of Assistant Judge, Feni for partition of the land of the concerned khatian. On receiving the notice of that suit the petitioners came to know about Title Suit No. 134 ..Category: Civil Law | Date: | Hits: 75
....titioner is liable to pay VAT on the impugned telephone bill.
In view of the above, the Rule is discharged without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (19...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
...., the Additional Deputy Commissioner (Revenue), Mymensingh, on behalf of Deputy Commissioner by a Memo dated 8‑7‑2001 directed respondent No. 4 to cancel the lease, if any, in connection with the disputed properties and to take necessary steps as per the judgment of the Appellate Division. 6.......sputed properties as not enemy/vested and since the ex parte decree was maintained up to the Appellate Division the respondents were under the obligation to mutate the names of the petitioners in the khatian. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of resp..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in rejecting the plaint of such suit. We have perused the record. 7. Facts are not disputed. The plaintiff instituted the suit for a decree of following declarations that, (ক) à¦...... Registration Act, 1860 in 1952‑53. It purchased the land long ago by a registered deed of sale being No. 2558 dated 9‑5Â-51. The name of the plaintiff was finally recorded both in the PS and BS khatians. The plaintiff society all through possessed the land on payment of rents. 10. The plain..Category: Property Law | Date: | Hits: 61
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....the petitioner does not come within the clause, 'without sufficient cause'. He relied upon the Company Law Digest and the Company Law by Shaukat Mahmood and Nadeem Shaukat. 17. Facts which are not disputed are that, the company CA Hamid and Company Limited was incorporated on 20‑6‑69 under th......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....ise. As regards the withdrawal of the rest of the amount, the petitioner claims that he has withdrawn the same as arrear allowance which has been approved by the authority and the court below has not disputed his claim. 6. Sub‑section (1) of section 83 of the Co-Âoperative Society Act, 2001 (A...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....pplication is motivated, frivolous, ill advised and is an abuse of the process of this Court. It is further alleged that the application has been filed with a so called statement of "failure to pay undisputed and admitted claim of the petitioner", which, in fact, is not true. The petition has been m......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. ..Category: Employment/Service Law | Date: | Hits: 144
....1983 is a bar to invoke the writ jurisdiction of this Court, inasmuch as if there is any dispute in respect of any bill that can be sorted out either by going to the Civil Court and by depositing the disputed amount to the Court or by filing an application before the Electric Inspector who shall dis......Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
....he submitted that as the Tribunal was constituted under section 196 of the Act, any order passed by such Tribunal must be deemed to be covered by the greater umbrella of the Act.
20. Facts are not disputed. The petitioners were appointed PSI agents by the Government under the Order mainly for ins...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
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