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State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....one by him on his individual liability and there cannot be any constructive liability. The account of events as given by PWs 1-12 appears to be absurd and improbable. The informant party cannot be expected to stand like statues when the accused party attacked them. The true story has not been to......as that of accused Abdul Malek and Abdul Majid under section 148 of the Penal Code were affirmed but their sentence was reduced from 3 years RI to 2 years RI and all the sentences were to run concurrently. All the other accused persons who appealed against their conviction under sections 302/149 ..Category: Criminal Law | Date: | Hits: 80
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
.... giving out any fact and figure in respect of the performance of the highest judiciary merely relying upon newspaper report which often found not to be whole or holy truth………(9) v) The Court expected more circumspection, understandding, discretion and judgment on the part of the Prime Minis......্বের সরকার যে..... 5. What appears to be the common feature, however, is that the Prime Minister allegedly said that in two days (25 and 26 August, 1998) the High Court (apparently she meant a Bench of the High Court Division) had granted bail in 1200 cases and when the att..Category: Others | Date: | Hits: 99
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......g at Sylhet. 2. The suit land originally belonged to one Abdul Aziz Miah. The plaintiff claimed in the plaint that his father Ismail Miah took permanent settlement of the land at an annual rental of Taka 4.00 in the year 1346 BS on the basis of farog which was granted under the signature..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......l Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground for int..Category: Property Law | Date: | Hits: 45
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ...... of several floors of a multi-storied commercial building comprising of 12 floors situated at 107, Motijheel Commercial Area, Dhaka since 1982 and dispute arose between the parties over payment of rent, service charges, etc. which led to a reference to the arbitration in terms of the lease agree..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......hen East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therein. He himself used to reside in one part. The other part was rented out to one Sarwarul Huq, a Tax Adviser of Bangladesh Textile Corporation, who paid rent for ..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......lls by 31-8-90 to the representative of BFDC. 3. The petitioner’s case is that, since 1-5-78 he is a lessee under the BFDC in respect of the stalls in question initially at a monthly rent of Tk. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been payin..Category: Constitutional Law | Date: | Hits: 158
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......e plaintiffs’ peaceful possession in the suit land. The plaint case is that the suit jote appertaining to CS Khatian No. 377 of Rasulpur Mouja belong to defendant Nos. 1-2 as chaua rayat at a rental of 9 maunds 18 seers and 12 chataks paddy under Sharat Shundari Devi. Defendants Asiruddin ..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... to show cause for his discourteous and objectionable remarks made against the Judicial Officers of Kurigram. Mr. Ahmed submitted that the remarks were without doubt objectionable and certainly not expected of a high and responsible official as the appellant was. It was, of course, part of his of......dgment convicted and sentenced the appellant as already noticed, holding in the end of the judgment: So, the reporting by the contemner about the local Judicial Officers to the different agencies of the Government are ex facie illegal and for which he must pay. The reporting by t..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....an unlawful manner.” Can this Constitutional duty be discharged merely by saying that there is an order which says that he is being so detained? Can the High Courts be expected to be satisfied on the mere ipse dixit of the detaining authority? If this could be so, th......matter delivered a split judgment on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed with Qazi Shafiuddin J, for different reasons, the Rule was discharged by the impugned judgment and order dated 9-12-91. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......ained in the SRO dated 18-6-87, during the currency of which he opened the LC. The further case of the respondent was that the Chittagong Port Authority collected Taka 2,11,464.56 from him as wharf rent from 21-8-88 to 18-7-90. He contended that under section 25 of the Chittagong Port Authority ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......n No. 246 of 1996 challenging the order dated 4-1-1996 passed by respondent No. 1 by which the lease of the petitioners was cancelled as they failed to pay a sum of Taka 40,00,000.00 towards arrear rent as the period of lease expired in April, 1995. Their prayer for renewal of the lease was pend..Category: Property Law | Date: | Hits: 71
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ...... provisions of the Adalat Act. Section 5(5) makes the Code of Civil Procedure, 1908 applicable to the proceeding of the Artha Rin Adalat, but only if the Adalat Act does not contain anything different.” 15. Though High Court Division found relying upon the aforesaid decision..Category: Business or Commercial Law | Date: | Hits: 104
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......suit in 1938 against the Government respondents and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including the predecessors- in-interest of the writ-petitioner-respondent. The SA reco..Category: Constitutional Law | Date: | Hits: 164
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......greement dated 30-8-91 entered into between the petitioner and the respondent for sale of the disputed property the High Court Division fell into error to find that the petitioner did not pay any rent for 18 years for the premises. He also argued that as the petitioner has no other source of li..Category: Property Law | Date: | Hits: 87
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was affirmed in ap..Category: Tenancy Law | Date: | Hits: 70
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......ssessor since 1956. One Md. Ibrahim was the tenant under Abdul Majid, grand-father of the plaintiff and after his death plaintiff’s father Abdul Aziz owned and possessed the same and realised rent from Md. Ibrahim. After the death of plaintiff’s father, the plaintiff continued to poss..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... 4. The plaintiff examined 3 witnesses and the defendants examined 2 witnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exhaustive consideration of the oral and documentary evidence on record that th..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... judgment of the Tribunal as a court of appeal and reversed the findings of fact of the Court of Settlement. The learned Judges on consideration of the materials and evidences on record took a different view that Md. Nasim was the son of original allottee Yahiya as the original title deed and or..Category: Property Law | Date: | Hits: 89
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ...... the plaint which forms the foundation of the case. In para l6 of the plaint the plaintiff made out her claim in the following manner: “That out of 65 rooms the minimum monthly rental will come at Taka 20,000.00 as a result the compensation and mesne profits from the buildin..Category: Property Law | Date: | Hits: 72
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