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Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......ment khas land and one Maulvi Nurul Islam took settlement of some land from the government. The defendants purchased the said land from the successor of Nurul Islam. The plaintiff is claiming the property by virtue of wrong Kabala. The plaintiff or his predecessor had no right, title and interes..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ort Company, Lahore Vs. Sargodha-Bhera Bus Service, Sargodha reported in 11 DLR (SC) 140, the Supreme Court of Pakistan observed. ".....a person seeking Judicial review must show that he has a direct personal interest in the act which he challenges before his prayer for review is entertained." That ......nalienable right of every citizen, whether he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. It is the declared law of the A..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.......uestion whether the levy on street lighting and conservancy service constitute tax, as held by the appellate authority, and as such, levies under these two heads together with the holding and urban property taxes, exceeded the allowable 17% of the annual valuation. 8. By the Notice under rule 2..Category: Fiscal/Taxation Law | Date: | Hits: 156
....oints agitated by the learned Advocate for the petitioner.
9. In the circumstances leave is granted on ground Nos.2 and 6 which are quoted below:-
"For that the case of the prosecution is not a personal case of the informant. It is a case of the institution named Dayemi Complex Bangladesh as s......odged an FIR with Lalbagh Police Station, Dhaka on 30.10.1999 against the present accused respondent Nos.1 to 3 and others alleging, inter alia, that the accused were the illegal occupant of land and property of Dayemi Daoyakhana and Sufi Nurullah Waqf Estate. That they did not submit the accounts a..
Category: Procedural Law | Date: | Hits: 163
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. ......Chowdhury. According to P.O. No.98 of 1972 Momlik Chowdhury submitted return the suit plot No.561 and the excess land was surrendered in favour of Government and since then the suit land became the property of Government as khash land and the Government leased out the land on yearly basis to Emdad..Category: Property Law | Date: | Hits: 93
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......offence having no nexus with the section 26(2), which may profitably be quoted below: "Possession of Property Disproportionate to Known Sources to Income: (1) Who ever has in his possession any property, movable or immovable, either in his own name or in the name of any other person on his beh..Category: Criminal Law | Date: | Hits: 100
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....... consider the question whether the property belonging to a Pakistani Company which is in possession of a Bangladeshi Company by virtue of an agreement in writing can be taken over as an abandoned property without rescinding according to law, the agreement under which the Bangladeshi Company ..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.......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 assertion of that right constituted criminal trespass within the meaning of section 441 ..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.......ement in December, 1972 and while he was awaiting for the result of the application, he received a Memo dated 12.1.73 from the Chief Enquiry Officer of the First Screening Board asking him to furnish property statement of the last five years of his own and of his family, "in connection with an enqui..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......n to be called "Bangladesh Biman Corporation". It was provided that the Corporation shall be a body corporate having perpetual succession and a common seal with power, to acquire, hold and dispose of property and shall by the said name sue and be sued. Article 4 detailed the function of the Corpor..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....fficer, Fatikchari entered appearance by filing an affidavit-in-opposition. It was contended by them that the land in dispute was settled with one Hiralal Mukherjee, Manager of the Tea Estate, in his personal capacity and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquis......claiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the country the management of the Tea Estate was transferred to Bangla..Category: Property Law | Date: | Hits: 87
....s the maintainability of the writ petition in view of the fact that the petitioner in WP No.4116 of 2007 is a person who is representing an association and did not file the writ petition in his personal capacity.
8. The learned DAG further submits that alter the notification is published, t...... and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenges the order of acquisition of the schedule property by the impugned gazette dated 07-9-2006 by which the property of the Waqf was included in a..
Category: Property Law | Date: | Hits: 106
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....... Corruption Commission Act and sentencing him to suffer R.I for 10 (ten) years and to pay a fine of Tk. 51 lac, in default, to suffer R.I for a further period of 1(one) year and also confiscating the property as per list appended to the F.I.R. and acquitting the co-accused of the charge under sectio..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....... defendant declaring the "notice dated 23.12.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4...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. ......, defendant No.1 was also allowed to live there by the plaintiffs. After the death of Onnada Sundari, Plaintiff No.1 and 2 used to reside in their father's house and plaintiffs Nos. 3-5 inherited the property of Mohesh Chandra as reversioner; and that there was a son of plaintiff No.2 namely, Santa ..Category: Civil Law | Date: | Hits: 103
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......o to assist the court for reconstruction of these records. Where both the parties have come again before the court in a subsequent suit admitting that there was an earlier suit in respect of the same property both these parties have responsibilities to produce necessary materials, papers, particular..Category: Property Law | Date: | Hits: 75
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......le 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-numbered on transfer as Title Suit No.54 of 1998 in the Cou..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....not appoint any nominee for his provident fund. So according to the above mentioned provision of these "Rules" the provident fund benefit will have to be disbursed to all his legal heirs according to personal law of inheritance. So, evidently, the High Court Division was wrong in holding that since ......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
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....oner. No one appears to oppose the Rule on behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as suc...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
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