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Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......ral settlement of the suit land from Patit Paban Shaha in the first week of Baishak 1342 B.S. and got delivery of possession of the same on payment of Tk. 1200/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used to live with his father and other brothers in joint mess..Category: Property Law | Date: | Hits: 32
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......he year 1975, entered the suit premises as licenses and they took the signature of Abdul Khaleq in a blank stamp for business purpose and giving Tk.20,000/- to him they also took his signature on a rent receipt assuring that they will take back the amount given to him and the petitioners also gav..Category: Property Law | Date: | Hits: 48
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....olves the supposition that parliament was catering long ago for a state of affairs that did not then exist is no argument against that construction. Parliament, in the wording of an enactment, is expected to anticipate temporal developments. The drafter will foresee the future and allow for ......tements. It is first to be seen whether the alleged statement is a discrepant statement or contradictory statement. The discrepant statement is one which is either irrelevant or incoherent, but it is not irreconcilable. A discrepant statement is not fatal to the credibility of a ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......iled seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the s..Category: Tenancy Law | Date: | Hits: 176
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....was non-Muslim. The number of Muslims was small. We reckon that the Muslim population was no more than one per hundred square miles. A sudden conversion of the mass of population cannot be expected. Under the circumstances a very elaborate and expensive administration would be required ......business as part of its commercial expediency in generating income/profit/ revenue, and, as such, the said expenditure falls under section 29(1)(XXVH) of the Ordinance. 12. So it is apparent that the grounds raised in the petitions filed seeking review were in fact the contentions ma..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ice of the Prime Minster having due regard to the opinion expressed by the Chief Justice after a full and effective consultation with him, but he is not bound by his opinion. But the President is not expected to do so unless there is imperative overwhelming reasons. In the democratic parliamentary f...... and conclusive deliberation as to the qualification of a candidate for judgeship to the superior Judiciary. The consultation should be taken to be constitutional imperative and it should be a transparent one and the process must precede the appointment of a Judge under Articles 95 and 98 of the Con..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......r of the premises at 35/11 Shantigangar, Dhaka; that the defendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per month within 7 days of the month for which it is due for use and occupatio..Category: Civil Law | Date: | Hits: 110
Special Reference No.1 of 2009, 38 CLC (AD)
....ave been brought before this Division under Article 106 of the Constitution in its Advisory jurisdiction still we are to give the correct answer as far as possible, in due deference to our oath as is expected of us. The expectation of King George III of England in 1761 was as follows: “he look......ons of Army Act, 1952 can be applied against the said BDR personnel by issuing notification under section 5 of the Army Act, 1952? 6. The brief fact is that on 25.2.2009 about 97 officers of different ranks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......d belonged to Chhakkun Miah who transferred the same in favour of Abdul Gani and Abdul Jalil by kabala deed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... themselves substituted in the cases before the High Court Division. Earlier their attempts for substitution failed before the courts below. The House Rent Case was filed by the tenant for deposit of rents stating that the father of the petitioners was a monthly tenant and paid rent upto Agrahayan..Category: Tenancy Law | Date: | Hits: 145
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......vision and other papers on record. 6. It appears that the High Court Division considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also considered the original power of attorne..Category: Property Law | Date: | Hits: 28
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......het, impleding the petitioners as defendants for eviction of the petitioners from the suit premises. Plaintiffs case is that the defendants were inducted as Bharatia in the suit premises on monthly rental of Tk.120/- vide agreement dated 04.08.1980 and the rent was increased to Tk.250, that it wa..Category: Property Law | Date: | Hits: 57
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... petition. The statements made in their affidavits in opposition justifying their contemptuous conduct are contemptuous. It showed no regrets or remorse. These contemptuous conducts are never expected from such responsible persons. Therefore, we are unable to accept the submissions advanced...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... the suit by filing joint written statements contending, inter alia, that Surendra Chandra Dey and other 26 persons were the original owner’s. For arrears of rent the entire land was put into auction. Certificate Case No. 55921 in which 4.81 acres of land w..Category: Property Law | Date: | Hits: 25
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......f land of the plot in suit from the defendant No. 7and 8 and the defendants got their name mutated in the office of the Government, have been paying rent thereof regularly and on obtaining a plan approved by the Rajdhani Unnayan Kartipakkha ..Category: Property Law | Date: | Hits: 30
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......, Gulshan-2, PS. Gulshan, Dhaka. The trade licence for running the business was obtained in the name of the petitioner No.1 as managing Director of the hotel. The petitioners took the house on rental basis from the respondent No. 4 under certain terms and conditions as stated in the agreeme..Category: Business or Commercial Law | Date: | Hits: 169
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......he, on mutating her name in Mutation Case No. 22643/95-96, had been in peaceful possession of the above house without any objection from the Government or anybody else and she had also been paying rent and municipal taxes etc but without serving any notice upon the petitioner, the above house wa..Category: Property Law | Date: | Hits: 26
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......en statement denying all the material allegations and contending that the suit land originally belonged to Ram Ratan Bal and Sarada Charan Bal and he took pattan of the said land in 1354 B.S. at a rent of Tk.35/- and since then he is in possession in the suit land and he filed Title Suit No.68 o..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......proforma defendant No.2 vide Sale Deed Nos. 214001 dated 28.8.1969 and 21960 dated 9.9. 1969 and also by purchase from Mansur and Mokbul Hossain vide Sale Deed No. 10516 dated 18.9.1969 and he paid rents to the government by mutating his name in the Khatian and enjoying the suit property peacefu..Category: Property Law | Date: | Hits: 26
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......erties orally in favour of the defendant No.1 and since then defendant No.1 has been possessing the same and he has transferred an area of 2.68 acres of land out of the suit jotes in favour of different persons and has been possessing the remaining and that the S.A. records of the suit jote are co..Category: Property Law | Date: | Hits: 42
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