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Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose fixed 9.8.2001 for holding auction, thus the cause of action for institution of the suit arose. 3. The plaintiff als..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ...... further admitted that he had already constructed a boundary wall surrounding the sold five decimals and thereby he had relinquished his claim on the remaining five decimals by his conduct. Moreover, holding of a shalish showing his relinquishment of claim on the remaining five decimals having been ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Khalilur Rahman joined Naoapara godown on 5.1.1991, took over the charge collecting key from the house of Mirza Monowar Hossain. At no point of time, the appellant was in charge of the godown, or was holding the key. There is nothing on records that he abetted Mirza Monwar Hossain or any other offic..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......dditional Sessions Judge, Habiganj. The learned Additional Sessions Judge after hearing the parties allowed the same on setting aside the judgment and order dated 20.12.1986 of the Upazila Magistrate holding that opposite party No.1 was in possession over 88 decimals of land in the two schedules and..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......ion was declared as Mirpur Paurashava, and Holding No.372 was created against the suit property. Since then the plaintiffs were paying all taxes and utility charges to the Paurashava against the said holding.
4. Plaintiff’s further case is that the suit property was declared abandoned and publi..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dant No. 1 contested the suit contending, inter alia, that the suit land does not constitute an under tenure holding but it is an occupancy holding. He claimed that the plaintiff's father settled the disputed land with the defendant and others by 4 pattas on 3.12.1927 and on the same day they made a......irst Court, Bogra in Title Suit No 317 of 1959 The question Involved in this appeal is whether the defendants held the suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....ne under section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant a...... and the appeal have been referred to this Bench by the Hon’ble Chief Justice, to hear the matter as the third Judge. The two learned Judges of the Division Bench, who heard the same, agreed upon upholding the conviction of the appellants, but differed in their opinions in respect of maintaining c..Category: Criminal Law | Date: | Hits: 94
....the license nor was there any allegation that the nature and character of the land was changed either to commercial or residential use. Recently some interested persons wanting to obtain lease of the disputed land influenced the Divisional Estate Officer who issued a notice on 25.01.2007 canceling t......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 69
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......he office order vide Memo No.Moshi Bim/Sha-4-2/24/1997-503 dated 15.09.2002 for giving recommendation in respect of reinstatement of the petitioner in service; accordingly the enquiry committee after holding enquiry opined that “অত্র মন্ত্রণালয়ের সূত্রে ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67........ Solaiman Khan, a Bench Reader of the Appellate Division shows that the post of the Bench Readers was at a higher pay scale than that of the Bench Officers. However, at present the Bench Readers are holding Third Class Non-Gazetted post while the Bench Officers are holding First Class Gazetted post..Category: Employment/Service Law | Date: | Hits: 127
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......Order of adjudication, the petitioner filed an Appeal to respondent No.2, Commissioner (Appeal) on 27-9-2006 mentioning in detail of the documentary evidence and prayed for accepting the Appeal after holding impartial Enquiry. It was further prayed "to grant the Appeal for hearing by waiving depos..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....hares. In paragraph 13 of his written statement in Other Class Suit No.84 of 1967, he made the similar statement. In the present written statement the appellant had admitted in paragraph 9 that the disputed property was acquired with the money provided by their mother and that as per desire of the......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......75.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control ..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
.... Legislature in view of item 43 of Third Schedule of the Constitution of 1962 and (2) whether the imposition of Cyclone Relief Surcharge was illegal whether it was a tax on a tax. 5. It is not disputed that the Company during the relevant period was enjoying tax-holiday under section 15BB. Th......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....l service rendered to some individuals by the agency authorised to charge a toll or fee. It is not necessary in this case to go into the distinction between a tax and a toll or fee as that is not disputed. A tax, toll or fee is imposed in public interest and in a toll or fee individuals receiv......n of the Octroi post and to render assistance, if so required by the lessee. On 7.8.76 the Administrator of Dacca Paurashava, respondent No.2 published a public auction notice, in the newspaper for holding auction for lease of all the Octroi posts under Dacca Paurashava. The appellants Octroi Mu..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......n was contested by the respondents and the learned Judges of the High Court Division on consideration of the arguments advanced by the learned counsel of both sides discharged the Rule with costs holding, inter alia, that the assessment made in pursuance of the said Regulation has remained val..Category: Fiscal/Taxation Law | Date: | Hits: 122
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......vation: “the case is triable by the Special Tribunal.” 5. The learned Sessions Judge and ex-officio Special Tribunal, however, returned the file to the Chief Metropolitan Magistrate on 28-8-94 holding that the matter was not triable by the “Special Tribunal.” 6. The learned Chief Metro..Category: Criminal Law | Date: | Hits: 71
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......perused the application filed by the plaintiff praying for re-examination of P.W.1. It appears from the impugned order that the learned Subordinate Judge allowed the prayer of re-examination of P.W.1 holding that it was necessary for clarifying ambiguity in the statement of P.W.1 when he stated in h..Category: Property Law | Date: | Hits: 66
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......y described in the FIR) in presence of local witnesses (1) Abdul Hakim Bepari(60) and (2) Md. Khokon(22) and the accompanying members of his force. The accessed could not show any valid documents for holding the arms and ammunition. He then seized the said arms and ammunition, which were packed in a..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of 1999 under s..Category: Administrative Law | Date: | Hits: 230
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