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Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ers………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by th......ion in Civil Revision No.5953 of 2001. 2. The petitioner along with others as plaintiffs instituted Title Suit No. 67 of 1999 in the Court of the learned Assistant Judge, Dhobaura, Mymensingh, for declaration of title to the suit land contending, inter alia, that the suit land belonged to ex-land..Category: Property Law | Date: | Hits: 27
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....dgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No. 1377 of 1995 discharging the Rule. 2. The appellant filed Case No.1007 of 1988 before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplem......sion in the house which is an abandoned property. 18. In that view of the matter no question of any alleged jurisdictional fact with regard to the non-issuance of any statutory notice prior to the declaration of the building as abandoned one or enlistment of the property in 'K' list under the pro..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc......, the opposite parties as plaintiffs instituted the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the n..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code of Civil Procedure is under challenge b......tters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....ion in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd C......in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd Court..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....…...Opposite Party Judgment August 18, 1987. Cases Referred to- Munshi Tamizuddin vs. Aftabuddin 20 DLR page 901; Tahrul Karim vs. Abdul Hashem, 30 DLR 8. Lawyers Involved: Lutfor Rahman Mondal, Advocate with Md Azizul Huq, Advocate. — For the Petitioner. Mahfuzur Rahman......e fact stated in the return and in case the return under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examine the process server on "oath" as to the..Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
.... with the Kalia Police Station alleging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and others went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i......umed that the legislature which makes the law knows the law and that it also knows that no body is above the law but subject to the law. This is the essence of law of a civilized society and a solemn declaration guaranteed by our Constitution as a part of the Rule of law. Hence any sub-constitutiona..Category: Criminal Law | Date: | Hits: 30
State Vs. Shahin and others, 2009, 38 CLC (AD)
....ucted by Syed Mahbub Hossain, Advocate-on-Record-For the Respondent. (In Criminal PetitionNo.74 of 2009) Not Represented- the Respondent. (In Criminal Petition No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These pet......sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25.9.95 and the victim made his dying declaration on 27.9.95 and ultimately died on 2.10.95 and the victim being operated on 25.9.95 remai..Category: Criminal Law | Date: | Hits: 33
....ority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitioner (Rupali Bank) to allow him all the facilities of a permane.......
11. The case as set up in the Writ Petition No. 959/1977 (unreported) is identical with the present Writ Petition No. 195 of 1987. In that Writ petition Godown Keeper of the Rupali Bank sought a declaration that lie was a permanent worker and accordingly entitled to get all facilities available..
Category: Labour and Industrial Law | Date: | Hits: 93
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Pe......s made over to defendant-opposite party No.8 on the same day. 6. Plaintiff-petitioner on 21-4-1999 laid a suit being Title Suit No.78 of 1999 in the Court of Senior Assistant Judge, Habiganj for a declaration that as the highest bidder he is ijaradar for Bengali year. 1406 if it is proved that re..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....kaging Limited through respondent No. 6, Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale procee......he petitioner through the respondent No. 6. But since the defaulting buyers/members, namely, respondent Nos. 8 and 9 filed Title Suit No 1 of 2000 in the Court of Fifth Subordinate Judge, Dhaka for a declaration that the cancellation of the contract of purchase for 200,000 shares of Paper Processing..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....urt of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is uncon...... Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is unconstitut..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....lam. All the appeals are directed against the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United ......er record date, the respondent Nos. 1 to 3 with the view to get dividend and attend the 20th, 21st and 22nd AGMs on 03.01.2008 filed the Company Matter No.1 of 2008 before the High Court Division for declaration that the record date 25.09.2005 is illegal and also for direction to fix record date afr..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetud......the order of ad interim injunction passed by this Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the instant suit for declaration, injunction and compensation with a prayer for temporary injunction to restrain the defe..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....ashid J.- This order will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his f......d J.- This order will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his fathe..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floo......9. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floor), Dh..Category: Property Law | Date: | Hits: 34
.... Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the petit......it under clauses ক, খ, গ, ঘ, ঙ and ছ of sub-section 2 of section 37 of the VAT Act, 1991 read with rule 35 of the VAT Rules, 1991 framed within 10 days of service thereof for making false declaration in VAT11 form without paying supplementary duty of Taka 43,84,398.56 for the goods suppl..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......-5-1994 passed by the learned Subordinate Judge, 1st Court, Khulna in Title Suit No. 105 of 1978.
2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit l..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned Assistant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di......991 before the Additional Deputy Commissioner (Revenue), Khulna. That appeal is still pending. The defendant No. 16 submitted case No. 158 of 1989 before the concerned Rin Salishi Board for getting a declaration that the kabala deed dated 31-7-1983 executed and registered by her in favour of the pla..Category: Property Law | Date: | Hits: 34
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com......the Chairman, National Board of Revenue, has contended that according to the provision of the Provisional Collection of Taxes Act, 1991, VAT is leviable upon the SIM Card of the petitioners because a declaration was made in the Finance Bill 2005 and according to the declaration, the Schedule introdu..Category: Fiscal/Taxation Law | Date: | Hits: 131
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