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Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....For the Petitioner. Seikh Atiar Rahman, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1615 of 2008. (From the judgment and order dated 23.4.2008 passed b......ated 23.4.2005 passed by the Senior Assistant Judge, Upazila, Manikganj Sadar in Title Suit No.112 of 2004 decreeing fee suit. 2. The respondent No.1 instituted Title Suit No.112 of 2004 for declaration that the order of cancellation of his appoint­ment as Assistant Head Master of Khab..

Category: Employment/Service Law | Date: | Hits: 106

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....nbsp;  November 9, 2008.   Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1246 of 2007. (From the judgment and order dated 15.04.2007 passed ...... learned Assistant Judge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and reg­istration of the deed of heba-bil-ewaz dated 19.04.1977..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....bsp;                      Not represented-Respondent Nos. 5-1. Civil Petition for Leave to Appeal No.1276 of 2008. (From the judgment and order dated 21.04.2008 passed b......l Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respon­dents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.1979 executed and registered by the Sr..

Category: Civil Law | Date: | Hits: 110

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O...... and it further said during investigation he seized the goods and relevant document in the face of serious non-co-operation from the accused Customs Officer and the offence was that through the false declaration of Import Permit the Importer tried to clear the goods by evading customs duty and sales..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64.   Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by......2. The short fact is that the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirma­..

Category: Property Law | Date: | Hits: 41

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....9. Lawyers Involved: Mrs. Kamrunnessa Ratna, Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1279 of 2008. (From the judgment and order dated 07.05.2008 passed ......acts giving rise to the present petition are as under:- The respondent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, Narsingdi for declaration of title over .09 acre of land and for further declaration that R.S. Khatian No.39 in r..

Category: Property Law | Date: | Hits: 32

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

.... Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. Not represented-the Respondents Civil Petition for Leave to Appeal No. 1373 of 2008 (From the judgment and order dated 23.04.2008 passed b......unsif, 1st Court, Madaripur, vide judgment and decree dated 29.8.1968. 2. The predecessor of the petitioners filed Title Suit No.66 of 1967 in the Court of Additional Munsif, Madaripur, for declaration of his hostile title in the suit land and for further declaration that the rent roll as..

Category: Property Law | Date: | Hits: 38

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

....Petitioner. Abul Kalam Chowdhury, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-58. Civil Petition for Leave to Appeal No. 929 of 2008 (From the judgment and order dated 13.3.2008 passed by ......1012 of 2003 discharging the rule. 2. The plaintiff petitioner filed Title Suit No. 84 of 1992 in the Court of Senior Assistant Judge, Sadar Court, Feni against the defendant respondents for declaration of title of the suit land. The plaintiff’s case, in short, is that the land situa..

Category: Property Law | Date: | Hits: 30

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......80;া নাকচ হয়।" 2. The petitioner as plaintiff instituted Title Suit No.26 of 1995 in the 1st Court of the Joint District Judge, Pabna for declaration of title in the suit land on the averments, inter alia, that the suit land originally b..

Category: Property Law | Date: | Hits: 53

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......al No. 26 of 1984 affirming those of dated June 30, 1980 of the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration..

Category: Property Law | Date: | Hits: 35

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....p;    Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008).    Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 pas......56 published in the Dhaka Gazette on 29.02.1956; the Government acquired the lands, of the Bhawal Raj Courts of Ward Estate, in respect of which the rent receiving interest was acquired earlier, on declaration of the compensation assessment Rolls under Section 43(2) read with Sections 46C and 46..

Category: Property Law | Date: | Hits: 67

Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)

....instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the ......sion in Civil Revision No. 4375 of 2003 dis­charging the Rule. 2. Short facts are that the plaintiff insti­tuted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar for a declaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of hi..

Category: Tenancy Law | Date: | Hits: 155

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....e and others…..........Petitioners Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. ...... 1994. 2. The facts, in short, are that the respon­dent No.1 instituted Title Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed l..

Category: Property Law | Date: | Hits: 27

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

....etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b...... that the plaintiff-petitioner Nos.1-4 filed Title Suit No. 51 of 2004 along with an application for tem­porary injunction against the defendant-respondent No.1 on 06.06.2004. The suit was for declaration that the judgment and order dated 06.09.1999 obtained by the defendant-respondent in Mi..

Category: Property Law | Date: | Hits: 33

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

.... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by......bordinate Judge, 2nd Court, Khulna praying for a decree declaring that father of the defen­dant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows. 3. The su..

Category: Property Law | Date: | Hits: 32

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ppeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5...... Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5321 of 1996 seek­ing a declaration that the Act was void, illegal, ultra vires of the Constitution and of no legal effect ..

Category: Constitutional Law | Date: | Hits: 167

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1599 of 2003). Judgment      ...... to Appeal No. 1599 of 2003. 2. The respondent as plaintiff instituted Title Suit No. 106 of 2001 in the Second Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also ..

Category: Property Law | Date: | Hits: 24

Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)

....;  A.B. Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent.          Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009  pa......ination it was detected that the goods were restricted items under the Import policy Order 2006-2009 and accordingly the Customs authority, made endorsement in the Note Sheet that for making false declaration show cause notice under section 32 of the Customs Act, 1969 should be issued upon the r..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....rved as follows:  “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating eviden...... was suggested to Md. Aminur Rahman (P.W.24) on behalf of Lt. Col. Syed Farooque Rahman that at that time (when Major Dalim was broadcasting the news of the killing) he (P.W.24) had knowledge about declaration of Martial Law that Khondker Mostaque became the Chief Martial Law Administrator. Form ..

Category: Criminal Law | Date: | Hits: 228

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

.... 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 schedule 'Kha' attached to the plaint of the aforementioned respec­tive suits and for mesne profit. 3. The plaintiff, Sitakunda Chandra Nath C......tant Judge), Sitakunda, Chittagong in Other Class Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No..

Category: Tenancy Law | Date: | Hits: 176