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Displaying 1321-1340 of 3456 results.
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
.... could not prove that the defendant is on permissive possession of the plaintiffs in the suit land and that the defendants opened Khatian in his name and also paying municipal tax by opening separate holding in his name and that the defendant also got electric connection in the holding in his name. ......e plaintiffs prayed for a declaration that the deed in question is collusive, forged, ineffective and not binding upon the plaintiffs and they further prayed for the declaration of their title and recovery of Khas possession. 3. That defendant made appearance in the suit and submitted written sta..Category: Civil Law | Date: | Hits: 103
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
.... of land of this plot No.605. 15. Mr. Moinul Hosein, the learned Counsel for the defendants though has argued to the effect that the appellate court below and the High Court Division have erred in holding the decree passed in Title Suit No.169 of 1981 valid and binding on the defendant No.31 but ......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....Narayangonj upon hearing the application under Order VII Rule 11 read with section 151 of the Code of Civil Procedure by its order dated 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree......ioner, Arab Bangladesh Bank Ltd. as plaintiff filed Title Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numb..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....s well from brother Alef Sarder and on the other hand plaintiff No.2 having filed the instant suit claiming share in the suit land as wife of Alef Sarder and the trial Court having dismissed the suit holding that Alef Sarder along with his co-sharers transÂferred .89 acre of land to Umesh Saha by r......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....ion did not take into consideration the Rule No.29 clause 'd' of the "Deed of Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund" and thus has committed this serious error in holding that the parents of the deceased are not entitled to get any share of the provident fund and......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ..Category: Civil Law | Date: | Hits: 154
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....onist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure w......er party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be as may be necessary for the purpose of determining the real question in controversy between the parties." Subordinate Judge, 4th Court, Dhaka allowed the amendment by its impugn..Category: Property Law | Date: | Hits: 151
....r on the facts and in the circumstances of the case, the Tribunal was legally justified in deleting the unpaid trading liability of Taka 25,68,022.00 under a section 10(2A)(iii) of the Income Tax Act holding that there was no cessation of business between the assessee and the parties in view of the ...... the assessee but took an entirely different plea not raised before the Appellate Joint Commissioner of Taxes and it is to the effect that the assessee is one of the nationalised units placed by the Government under the control and management of Bangladesh Food and Sugar Industries Corporation and i..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....reasonably attributable in that part of the operations carried out in taxable territories. 16. Sub‑section 3 of section 42 has been very specifically mentioned by the Taxes Appellate Tribunal in holding that in the instant case taxes are to be levied or assessed under sub‑section (3) of secti......see applicant is an unit of American Bureau of Shipping with the Head Office in New York, USA chartered through an Act of Legislature in the State of New York in 1962 working as a non‑profit non‑governmental organisaÂtion and is internationally recognized as a classified society operating in ov..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....thers K. Hossain and D. C. Bhattacharya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.......harya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appe..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... of Defendants No.2 and 3, had all along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that t......judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaint..Category: Property Law | Date: | Hits: 97
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....ted upon and that petitioner No.3 had acquired the interest of Hasan Banu. On appeal, the 2nd Court of Additional DiÂstrict Judge, Dacca, reversed the finding of the trial Court and decreed the suit holding that the Kabala executed by the heirs of HaÂsan Banu in favour of Abdur Rashid were genuine......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....es not bear scrutiny, when the provisions of different legislations relating to land, which had been operative in this part of the counÂtry, are brought under examination. A teÂnant of agricultural holding has had a specific designation, namely, 'raiyat’ in India since the days of the Muslim rul...... of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lesÂsee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice cal..
Category: Property Law | Date: | Hits: 114
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....sels of both the sides and having reference to the statute and decisions cited by the learned Counsels, the learned trial Court dismissed the suit by his impugned judgment and decree dated 24-7-1997, holding, inter alia, that the plaintiffs had no title in the suit land. 8. Being aggrieved by the......he learned trial Court failed to consider the same and fell in error. He lastly submits that the defendants totally failed to prove their case as they could not establish any right and title of Yasin over the suit properly by adducing any oral or documentary evidence and, as such, all the subsequent..Category: Property Law | Date: | Hits: 71
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....mpromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an order dated 15-3-1997 rejecting the application for compromise decree holding that respondent No. 3 had not agreed to the compromise and that there was no signature of re......ase as stated in the petition are that the petitioner No. 1 is a company engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business;..Category: Civil Law | Date: | Hits: 121
....he letter sent by the 3rd Arbitrator, Mr. Hossain submits that the 3rd Arbitrator was led to believe that the members of the Tribunal would meet at BILIA (the venue of the Arbitration proceeding) for holding deliberation before making the Award. However, when the 3rd Arbitrator went to BILIA at the ......ade a counter claim for Taka 161,75,29,583 along with interest @ 16% Per annum on the awarded sum.
3. The three-member Tribunal comprising of Mr. Justice MH Rahman, a former Head of the Caretaker Government and former Chief Justice of Bangladesh, Mr. M Amirul Islam, Senior Advocate, Supreme Court..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....39 of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Madaripur dated 25.6.86 disÂmissing the Criminal appeal No.33 of 1986 by upÂholding those passed by the learned Upazila MagisÂtrate, Kalkini in G.R. Case No.17 of 1985 convict...... Sarder and Hazera Bibi were found embracing each other in the 'Ail’ of a jute field near the residence of the witnesses when they caught hold of them in the 'Ail' of the jute field and handed them over to the police at the Kalkini Police station. The police investigated into the matter, visited t..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....e surÂmises and conjectures rather than on actual evidence on record and the appellate Court below also sat over the judgment of the trial Court without applying his judicial mind independently in upholding the order of conviction and sentence which has occasioned a seriÂous miscarriage of justice...... of guilt of the accused-petitioner on consideration of the evidence on record, such concurrent finding of facts of two Courts are not liable to be interfered at this revisional stage. By way of controversion this argument of the learned Deputy Attorney-General the learned Advocate for the petitione..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....ainable; moreover, the case bristles with disputed and complicated questions of fact, which cannot be decided in writ jurisdiction. He further submits that the High Court Division erred in law in not holding that the writ-petitioner Kazi Akram Uddin, having filed the application for addition of part...... order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Since handing over of possession of the..Category: Property Law | Date: | Hits: 79
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.....5 who received the same on 23-2-91 and fixed 9-3-91 for accused and issued warrant of arrest against the petitioner and others. On 9-3-91 the learned Special Tribunal fixed 2-4-91 for framing charge holding that the Gazette Notification and publication in paper had already been made against the acc......R (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ideration thereof only after his joining his duty as Secretary according to the decree of the trial Court. The decree of the trial Court was for re-instating him to the post of Secretary which he was holding at the time of termination of his service under the corporation. The order No.10 of 1982 by ......4-94 the petitioner submitted a reminder to the contemner No.1 personally requesting him to accept his joining letter dated 31-3-94 which is annexed as Annexure-F to the contempt petition. On 3-5-94 government in the Ministry of Shipping for the second time directed the contemner No.1 to implement t..Category: Others | Date: | Hits: 142
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