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....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......oth the parties examined witness and their documents were admitted into evidence.
6. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 decreed the suit on contest holding that the defendant No. 1 and 2 (appellants) are not entitled to get any kabala deed executed..
Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....rtition suit, resulting in the creation of two separate holdings under the Municipality, Akshoy Kumar and Rangubala ceased to be co-sharer in the tenancy. Secondly, he argued that the expression 'non-agricultural land' as occurring in section 24 of the Non-Agricultural Tenancy Act not being expressi......l from the judgment of the High Court Division. 2. Leave was granted to consider whether the learned Judge of the High Court Division was correct in making no distinction between the expression 'holding' as occurring in section 96 of the State Acquisition and Tenancy Act and the expression ‘n..Category: Property Law | Date: | Hits: 85
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......e the immigration authority at Zia International Airport as passengers of SV 332 scheduled for Saudi Arabia as wage eaners, but the Immigration authority dictated that all the 3 accused persons where holding passports with altered photographs, as such those passports were found to be spurious and ha..Category: Criminal Law | Date: | Hits: 92
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......l District Judge, First Court, Satkhira heard the revision on transfer and allowed the same on contest by his impugned judgment and order dated 9-4-2007 setting aside the order of the Executing Court holding that decree passed in perpetual injunction is not enforceable in Execution Case, etc. Bei..Category: Civil Law | Date: | Hits: 100
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......to seven years RI on 29-4-97 having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for the possession of a “dagger” for which the appellant was found guilty. R..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......rst time, got knowledge of the said suit and on enquiry became confirmed of the said matter. 4. The learned Assistant Judge rejected the said application by the impugned order dated August 2, 1993 holding that the defendant Nos. 1, 2 and 19 have been contesting the suit and the transfer made by t..Category: Procedural Law | Date: | Hits: 74
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......in should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to place District Judges and other Judicial officers holding the rank of District Judges on a par with the holders of constitutional posts and above the ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......therein, I consider it necessary to state my views in a separate judgment. 2. The Dacca Municipality assessed the annual valuation of the building of the appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/-..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... of a citizen, the Court is obliged to decide whether the observance of the principles was necessary for a just decision, in the facts and circumstances of the case. The High Court was wrong in holding that just because the licence was subject to condition the licence could be penalised withou..Category: Business or Commercial Law | Date: | Hits: 208
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......najpur. On transfer, the appeal was heard and disposed of by the then learned Subordinate Judge (Artha Rin Adalat), Dinajpur, who by his judgment and order dated 09.03.1998 dismissed the appeal upholding the judgment and decree of the trial Court. 7. Being aggrieved by and dissatisfied with t..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......9,235.03. 3. These suits were decreed and consequently plaintiff filed the aforesaid execution cases. 4. In the aforementioned Artha Jari Cases opposite party No.1 filed application for staying holding of auction sale and opposite party No.1 having appointed as receiver by Bankruptcy Court, ..Category: Procedural Law | Date: | Hits: 126
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......he properties in question were abandoned properties within the meaning of the President's Order No.16 of 1972. 4. A Bench of the High Court Division, which heard the Rule, discharged the same on holding that the ownership of the Industrial Unit concerned continued with the Buxly Paints (Pakis..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......6 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in..Category: Criminal Law | Date: | Hits: 94
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......it petition No.22 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years ..
Category: Employment/Service Law | Date: | Hits: 107
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......lication under Order 17 Rule 1(4) of the Code of Civil Procedure praying for disposal of the suit. But the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were not directed to pay the adjournment cost of Tk.200/- within any spe..Category: Procedural Law | Date: | Hits: 75
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
.... the trial court. 14. It appears that the only point which has been agitated before us from the side of the petitioners was considered deeply by all the courts below. Admittedly, the case land was agricultural land at the time of its transfer to the pre-emptee. The pre-emptee after his purchase o......ties seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, in short, was that they were co-sharers by purchase of the case holding and also holders of land contiguous to the case land. That the opposite party No.3 sold the ..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......prosecution. In the context of above, the fact of above reported case, relating to corroboration appears to be distinguishable from the present case. Under the circumstances there is no hesitation in holding that the prosecution has totally failed to prove the recovery of the arms and bullet from th..Category: Criminal Law | Date: | Hits: 92
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......urnish statements of his own properties and the properties standing in the names of his wife, sons and daughters. Accordingly, the convict appellant submitted wealth statement through his wife. After holding the preliminary inquiry it was found that the convict acquired properties in his own name, a..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... Trial Court hearing the parties by an order dated 6.11.2007 returned the plaint to the plaintiff for presentation in a proper Court purportedly under Order VII Rule 10 of the Code of Civil Procedure holding that since the plaintiff prayed for a decree declaring the agreement for sale dated 4.9.2002..Category: Property Law | Date: | Hits: 85
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...... 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. ..Category: Civil Law | Date: | Hits: 103
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