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Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....no interference by this division. Accordingly, petitions are dismissed.” 23. The contention raised by the added respondent No.5 as to petitioner No.159-Md. Golam Nabi is vague and based on disputed question of facts, The affidavit-in-opposition filed by the respondent No.2 Bangladesh Mukt......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
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)
....appellant company. 3. A Rule having been issued on the said application, an affidavit-in-opposition was filed on behalf of the respondent stating inter alia, that the control and management of the disputed concern which belonged to Buxly Paints (Pakistan) Ltd. was taken over under the authority o......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)
....deration 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 sec......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
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....n only be settled after full evidence has been properly taken. Mr. Sultan Hossain Khan, the learned Deputy Attorney General who appeared on behalf of the Government also conceded that where facts are disputed, the High Court, in exercising jurisdiction under Article 102 of the Constitution should no......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....ay to the schedule mentioned by the petitioners in their writ petitions. He submits that whether or not the property in question claimed by the petitioners is in fact part of the Waqf Estate is a disputed question of fact, which can only be ascertained after taking proper evidence in the civil C......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
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Category: Property Law | Date: | Hits: 106
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)
....advocate has mainly argued before us to the effect that as per section 6 of Land Reforms Ordinance, 1984 this case for pre-emption is not maintainable at all. The learned advocate has argued that undisputedly the pre-emptee constructed his homestead within the ease land and has been residing the......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
....far Miah's case which has been reported in 30 DLR (SC) page 41. The relevant portion of the aforementioned case is as follows:-
"Plaintiff files receipt in support of his case of settlement of the disputed land Burden of proof is on him to prove the genuineness of the rent receipt.
Now, presum......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
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Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....িক দখলকার আছে।” With these findings the learned trial Court dismissed the suit. 9. On appeal the learned appellate Court held that the plaintiff could not prove that the disputed deed is a forged and fraudulent one and as such Onnada Sundari by the disputed deed gifted ...... 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
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... of land of this plot No.605. 15. Mr. Moinul Hosein, the learned Counsel for the defendants though has argued to the effect that the appellate court below and the High Court Division have erred in holding the decree passed in Title Suit No.169 of 1981 valid and binding on the defendant No.31 but ..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....11 read with section 151 of the Code of Civil Procedure by its order dated 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. ......Narayangonj upon hearing the application under Order VII Rule 11 read with section 151 of the Code of Civil Procedure by its order dated 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......s well from brother Alef Sarder and on the other hand plaintiff No.2 having filed the instant suit claiming share in the suit land as wife of Alef Sarder and the trial Court having dismissed the suit holding that Alef Sarder along with his co-sharers transferred .89 acre of land to Umesh Saha by r..Category: Property Law | Date: | Hits: 80
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