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Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....tained the Rule. 3. Writ respondent Nos. 2 and 3 as well as the writ respondent No.7 Messrs Ashraf and Sons opposed the Rule by filing separate affidavit-in-opposition denying the material statements in the writ petition contending, inter alia, that the writ respondent Government in......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....1-9 are in possession of the land i.e. the suit land, that neither plaintiff nor the other defendants have any right, title and interest in the land in suit, that suit has been filed making untrue statements. 4. The suit was also contested by defendant No. 10, brother of Abdul Hamid by fi......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ....... 6,000/- from Dil Mohammad but before registration he left for India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.A. Khatian No. 635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) predecessor Sudhir Chandra was known to the..Category: Property Law | Date: | Hits: 34
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....o consequence is provided in the amended Order VIII, rule 1, in case the defendant fails to file written statement within 2 months after appearance, whether this requirement of filing written statements within two months from the date of appearance is mandatory or directory. 8. As it......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... is apparent from the affidavit-in-opposition filed by the respondent Nos. 1-3 of the writ petition Stating the share-holding position of the petitioners in the company in question and containing the statements of verification of shares by the Bangladesh Steel and Engineering Corporation for the pur......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....UNO) purposely avoiding the Upazila Magistrate-in-Charge, namely the Munsif Magistrate. The UNO no doubt was vested with the powers of a Magistrate, First Class, and as such he is competent to record statements of witnesses under section 164 CrPC; but his primary duty is that of the Chief Executive ......e Magistrate that out of fear or threat of the appellants he refrained from disclosing the names of the appellants to the IO at the place of occurrence and that he told PW 19 in the presence of his parents, after the departure of the IO, that he saw the killing, and that PW19 took him to the IO befo..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....he land in suit and alleging the kabalas of the defendant Nos.2 and 3 illegal and void filed the suit. 4. The suit was contested by defendant Nos.2 and 3 by filing separate sets of written statements, although their case was more or less identical. It is the case of the contesting defend......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....kabala but finally did not act accordingly, that defendants served legal notice on the plaintiff and in reply thereto plaintiff disclosed about the filing of Other Suit No. 136 of 1996 upon making statements which were not true and that the suit has been filed by the plaintiff only to harass the...... When the purchaser or lessee is in possession of the subject-matter, and the Court finds that such possession is wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case the Court..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....it seeking the relief for declaring order of the defendant No.1 illegal, void and without jurisdiction. 4. The suit was contested by the defendant Nos.1 and 2 by filing separate written statements. The common case of the defendants was that prior to preparation of CS khatian land of t......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......es or sub-divided for that purpose were not exempt from assessment for land tax as being lands occupied or used exclusively in connection with public charitable purposes, or a church. Although the rents and profits of those lands might be so used by the trustees, yet so far as the lands were let..Category: Fiscal/Taxation Law | Date: | Hits: 90
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......he deed of heba-bil-ewaz in question was executed and it was accordingly registered and that possession was also handed over to the defendant respondent No.1 who mutated her name and paid rents and that at the instigation of other daughters and sons of the plaintiff, the suit has been i..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff and because of that plaintiff has filed the suit making incorrect statements. 4. The trial Court though held that the suit is not barred by limitation and the...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....and from Ranjit Kumar Biswas and thus defendant is the owner and possessor of.10 decimals of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the suit of the plaintiff is liable to be dismissed. 4. The ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ement amongst the heirs and are possessing the land in suit, that plaintiff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the suit making untrue statements and as such the same is liable to be dismissed. 4. The trial Court decreed the sui......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....tion held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairm......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....he auction-purchaser and the staff of the Court it was sold at a much lower price. 11. Defendant Nos.1 and 4 i.e. respondent Nos.1 and 2 in CA 68/89 contested the suit by filing separate written statements and denying completely the averments of the plaintiffs. The case of both the contesting......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... at a higher price by engaging brokers and by contacting interested purchasers willing to pay a higher price than the appellant's. Hence the suit. 6. Defendant Nos.1 and 2 filed separate written statements and contested the suit. It is the contention of defendant No.1 that there is no cause of ......, the list of schedule of property. In the second group I will take up exhibit 2 series, exhibit 3 series and exhibit 7 series showing that the son was in fact dealing with and paying all taxes and rents in respect of the said property on behalf of his old mother and in the third group, I will tak..Category: Property Law | Date: | Hits: 50
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
.... than 12 years. 10. The trial court observed that, "All of these five witnesses are owners of contiguous lands of the suit land and they have produced documents of their title in support of their statements. They have produced the Mouja Map Ext.12 to show that, infact, they have got land adjacen......ave been possessing the suit land for over 12 years. The S.A. record was also correctly prepared in their names accordingly. 9. The plaintiffs filed 11 rent receipts Ext.1-1(R) showing payment of rents to the ex-landlord in respect of the suit land. The trial court as it appears observed that th..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....judgment of the trial Court and the High Court Division as to identity of the plaintiff has submitted that the defendants in their written statement in paragraphs 8 and 11 admitted correctness of the statements made in paragraph Nos.1-3 and 6 of the plaint. The statements made in the aforesaid parag......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
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