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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....62, and (2) whether the MuniciÂpality was competent to seek remedy by way of writ against the order of its Controlling Authority; (3) whether such levy under these two heads together with the tax on land and building and urban properly tax could exÂceed the allowable 17% of the annual valuaÂtion ......Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, La......ling Authority, under Section 119 of the Municipal Administration OrdiÂnance, 1960 read with Rule 8 of the Municipal Committee Taxation Rules, 1960. The assessÂment challenged mainly on the ground that lighting rate and conservancy rate being also tax as defined under section 3(1) (42) of the Muni......€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent..Category: Fiscal/Taxation Law | Date: | Hits: 156
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. Ruhul Quddus, Advocate, instructed by Md. Abu Sid......onsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. Ruhul Qu..Category: Criminal Law | Date: | Hits: 122
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit land. The plaintiff’s case is that the suit land along with other land originally belonged to Kasi......—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2789 of 2002 with Civil Rule No.110 (Con) of 1......01.1991 passed by the learned Senior Assistant Judge, Dinajpur Sadar, Dinajpur in Title Suit No.137 of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit ......preÂsented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012..Category: Property Law | Date: | Hits: 93
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....unsel appearing for the appellant submitted that in view of the evidence adduced by the proseÂcution that late Kumud Behari Dutta, father of P.W.1, had been living for more than 40 years in the case land and the huts as tenants and thereafter as owner after his purchase from Nagendra and that the r......r Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is allowed. Case Referred to- Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC). Lawyers Involved: ......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 assertio......spondents Judgment April 12, 1979. Result: The appeal is allowed. Case Referred to- Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC). Lawyers Involved: S. R. Pal, Senior Advocate, (B. N. Chowdhury, Advocate with him) instructed by S. M. Huda, Advocate-on-Record - For..Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....nt-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the District of Chittagong. In settlement case Nos. 115, 117 and 186 of 1942-43. Kbila land measuring 625.74 acres appertaining to Khatian No.1/16 of Mouza Ramgarh within P.S. Fatikchari ......- For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of 1977 (From judgment and order of passed by a Division Bench of the High Court in Writ Petition No. 536 of 1976 on May 25, 1977) Ju......s to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......¦â€¦â€¦Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. Result: The appeal is allowed in part. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Abdur Rab, Advocate-on-Record - For the Appellant. Sultan Hossain Khan..Category: Property Law | Date: | Hits: 87
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....ptors, filed Miscellaneous Case No.2 of 1998 in the court of Assistant Judge, Jagannathpur, Sunamganj impleading this present petitioner and others as opposite parties seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, i......l Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judgment Nazmun Ara Sulta......his present petitioner and others as opposite parties 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 ......d others...................................................Respondents Judgment February 26, 2012. Result: The petition is dismissed. Lawyers Involved: N. I. Bhuiyan, Advocate-on-Record—For the Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent..Category: Property Law | Date: | Hits: 98
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ected to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ding him as opposite party No.2 in this case. After hearing the said petition, this Court has been pleased to permit him to assist the state. 3. The short facts leading to filing of this case are that, the informant Arup Ratan Mandal had lodged a First Information Report (F.I.R.) with Police Stat......hers............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co. Ltd Vs. Easter Shippers and Traders, 41 DLR 387; Mostofa Kamal alias Lotus Kamal Vs...Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....ion under Section 115(4) of the Code of Civil Procedure and obtained the present Rule on leave on 23.2.2009 and also an order of injunction restraining the opposite parties from transferring the suit land to anybody by executing any kind of transfer deed. 8. Mr. Rokanuddin Mahmud, the learned Adv...... A K Azad................................Petitioner Vs. Fakruddin and another.......................Opposite parties Judgment October 15, 2009. Result: The Rule is discharged. Cases Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR 57; Jadunandan Gope Vs. Syed Nazmti......ody except the plaintiff and thereby issue a direction to the defendant to execute the Deed of Sale as soon as the possession is obtained from the government. 3. The plaintiff's case in short was that the property described in the schedule to the plaint, hereinafter called the suit property, was ......gh Vs. Maneshwari Prashad Narain Deo, AIR 1958 Patna 129; Rahmat Ali Vs. Banares Silk Industries, 19 DLR 287. Lawyers Involved: Rokanuddin Mahmud, Advocate with him Md. Asaduzzaman, Advocate - For the Petitioners. M.A. Quiyum, Advocate with him Md. Faruque Ahmed, Advocate, Mohammad Ullah, A..Category: Property Law | Date: | Hits: 85
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....strict Noakhali under Sudharam thana, Mouja Harinarayanpur in district Settlement Khatian No.70 an area of 49 decimals in Plot No.101 and contiguous Khatian No.69 of Plot 99 an area of 18 decimals of land was owned by Mohesh Chandra Kuri by way of purchase and he constructed homestead on Plot No.101...... others..............................Petitioners Vs. Narayan Chandra Kuri.............................Opposite party Judgment November 11, 2009. Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (...... may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994 before the Senior Assistant Judge, Sadar, Noakhali stating that within District Noakhali under Sudharam thana, Mouja Harinarayanpur in district Settlement Khati...... Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......din Ahmmed and others ………… Appellants Vs. The State ……………………………………………Respondent Judgment May 15, 2011. Result: The appeal is dismissed. Case Referred to- State Vs. Md. Shafiqul Islam, Officer, Lal Dighi East, Agrani Bank Branch, 40 DL......nd others Vs. Mozemmel Hoque and others, 47 DLR 404 = 15 BLD 339; Shamsul Alam alias Babul Vs. State and another, 60 DLR 677; Md. Mahiruddin Vs. Md. Amirul Islam and Others, 16 BLT 474; Most. Rahela Khatun Vs. Md. Hassan and others, 16 BLD (AD) 264. Lawyers Involved: Pronay Kanti Roy, Advocate...... Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....in short, are as follows:- On 22.11.1993 the present plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj for declaration of their title in the suit land and for further declaration that the auction sale of the suit land did not affect the plaintiff......For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judgment Nazmun Ara Sulta......2.11.1993 the present plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj for declaration of their title in the suit land and for further declaration that the auction sale of the suit land did not affect the plaintiffs' title in the said land. That Ti.......................Respondents Judgment August 8, 2011. Result: The petition is dismissed. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....ourt of Senior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 acres of land of CS khatian No.86 as described in the schedule to the plaint in equal share. Debendra Chandra...... Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cas......s are as follows: The respondent Nos.1 to 3, as plaintiffs, instituted Title Suit No.192 of 2000 in the Court of Senior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 a......andra Das and others......................Respondents (In both the cases) Judgment November 14, 2011. Result: Both the petitions are dismissed. Lawyers Involved: Moinul Hosein, Senior Advocate instructÂed by Md. Abu Siddique, Advocate-on-Record—For the Petitioned (In both the c..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....facility of Tk.20,00,000/-vide sanction advise No. AB/MJ/CR/1237 dated 10.8.1986 from the petitioner-Bank and as security of the said credit facilities the plaintiff-opposite party No.1 mortgaged his land properties through executing memorandum of deposit of title deeds on 3.10.1986, an irrevocable ......t-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu......passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed Title Suit No.27 of 1995 in the Cou....... Mozammel Hoque Vs. Sonali Bank & another, 15 BLD (AD) 36; Habibur Rahman (Md.) Vs. Uttara Bank Ltd. & others, 11 BLC (AD) 59; Nur Islam Vs. Agrani Bank, 49 DLR (AD) 135; Anisminic Ltd. Vs. Foreign Compensation Commission, (1969)2 AC 147; Tamil Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
...., in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition on declaration of title claiming a saham for 1.45 acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit lan......i, Advocate-on-Record—For Respondent Nos. 1-7. Respondent Nos. 8-25 —Not repreÂsented. Civil Petition for Leave to Appeal No. 223 of 2009. (From the judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004) Order Syed Mahmud Hossain ......ree dated 24.08.2003 passed by the learned Assistant Judge, Kalkini, Madaripur in Title Suit No.85 of 2000 dismissing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.8......s Vs. Ahidul Sarder and others..........................................Respondents Judgment February 19, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioners. N. K. ..Category: Property Law | Date: | Hits: 80
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... 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 plaintiff's case in brief is that the ......s…………..…………….Appellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640;......t set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......….Appellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna N..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... as far as may be practicable, pronounce their opinion on all the important points.'' 16. The appeal before the Judicial ComÂmittee arose out of a suit brought for the recovery of a large area of land within fixed boundaries and also for the setting aside of an earlier summary order of the Court...... Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ttacharya J Fazle Munim J Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Do..Category: Civil Law | Date: | Hits: 111
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
.... suit brouÂght by the predecessor-in-interest of ResponÂdent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddin Chowdury, instiÂtuted the suit for partition of a piece of land measuring .40 acre, claiming a share measurÂing .08 acre therein, on the allegation that the s......fiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by the High Court Division in S.A. No.351 of 1966). Judgment Debesh Chandra Bhattacharya......also Reported in: 30 DLR (AD) (1978) 27. ......ioners Vs. Mahtabuddin Choudhury and others…………………….Respondents Judgment June 6, 1977. Result: The petition is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-record—For the Petitioner. Khandker Mahbubu..Category: Property Law | Date: | Hits: 102