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Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....or Advocate Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the Hi......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......peal No. 188 of 1998 of the 1st Court of the Subordinate Judge (now Joint District Judge) Nawabganj upon restoring those of the trial court in other class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Na..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....l Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgment BK Das J.- This petition for review is directed against the judgment and order dated 6.11.2008 passed by the Appellate Divisi......itioner submits that as the plaintiff-respondent already prayed in his plaint that if it is found that the plaintiffs had been dispossessed from the land in suit during pendency of the suit, no amendment petition is necessary for deleting the prayer for confirmation of possession, and on the b......upon reversing the judgment and decree dated 17.07.1986 passed by the learned Munsif (now Assistant Judge) Shariatpur in the Title Suit No. 341 of 1982 decreeing the suit. 3. The petitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur,..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....sented- the Respondents. (In both the petitions) Civil Review Petition Nos. 4 and 5 of 2009. (From the judgment and order dated 29.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.602 of 2007) Order Md. Muzammel Hossain J. - These two civil review pe......itioner sold more then his share in Cadastral Survey Khatian No.17. The Pre-emptee-Petitioner is a stranger to the transferred holding. 4. That Pre-emptor-Respondent-side, thereafter, by way of an amendment dated 16.05.1996 put forth the case that heirs of Yukub Ali Munshi had shown transfer in r......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title......g the evidence on record arrived at the finding that the defendant dispossessed the plaintiff during the pendency of the suit. This finding is vague and indefinite. 9. In the application for amendment of the plaint the plaintiff claimed that after filing the appeal in the lower Appellate Co......inal maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measuring an area of 1.72 acres of land was sold in auction for arrear of rents. The plaintiff auction purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got ..Category: Property Law | Date: | Hits: 20
.... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat...... right to be informed of his grounds for arrest and the right to consult a legal practitioner are denied this will amount to confining him in custody beyond the authority of the Constitution. So some amendments in section 54 are needed so that the provisions of this section are made consistent with ....... (1) Any Police officer, may, without an order, from a Magistrate and without warrant, arrest‑
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of h..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th......8-6-1972 and thereafter Shibulal Tanti filed Title Suit No.150 of 1972 in the same Court against Shihamul Haque and others seeking same declarations as made in the previous suit and then prayed for amendment which was rejected as the suit filed earlier was dismissed. Against this order of rejectio......inate Judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits. 2. The facts in short are that the appellants in C.A. No.8 of 2005 i.e. Mohiuddin Khan and another as plaintiff filed the above Title Suit No.16 of 1992 on 6-2-1992 against the heirs of Shihamul Haque s..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....ham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 ......gth. The trial Court observed that the defendants initially did not mention about the auction sale of the suit lands for arrears of rent in their original written statement but subsequently by way of amendment on 13th August, 1995 introduced those facts. It was further observed that the defendants a......g those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. T..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ssions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ed this Division a leave petition. This Division granted leave to consider the following points: "the Anti-Corruption Commission Act, 2004 came into effect on and from 9-5-2004 and unless any complaint, investigation, enquiry, filing of case or sanction were commenced or were pending under th..Category: Anti-Corruption Laws | Date: | Hits: 195
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... Advocate-on-Record-For the Petitioners. Syed Haider Ali, Advocate instructed by Syed Mahbubar Rahman and A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 2 of 2008. (From the judgment and order dated 29.10.2007 passed by th...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......n 241A of the Code of Criminal Procedure. 2. The short facts giving rise to the present petition are as under:- 3. The respondent No.2 A.B.M. Kamrul Ahsan (Nihad) filed a petition of complaint in the court of the learned Senior Special Judge, Barisal against the petitioners and 3 other..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
.... Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed b......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......rte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the plaint case is that 'Kha' schedule lands measuring an area of 2...Category: Property Law | Date: | Hits: 18
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 1......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......irming those dated 28.10.1998 passed by the learned Sub-Ordinate Judge, 4th Court, Dhaka in Title Suit No.102 of 1992 Decreeing the suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....by Mrs. Sufia Khatun, Advocate On-Record-For the Respondent No.1 (In Civil Appeal Nos. 94-95 of 2005). Not Represented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgme......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......of 1996 rejecting the application of the instant petitioner under Order 7, Rule 11 (d) of the Code of Civil Procedure. 2. Facts involved in this case, in short, are that the respondent Nos. 1-6 as plaintiffs instituted a suit on 25.08.1996 being Other Class Suit No.96 of 1996 in the 1st Court of ..Category: Tenancy Law | Date: | Hits: 185
.... 2009.
Lawyers Involved:
S. N. Goswami, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 520 of 2009.
(From the judgment and order dated 03.03.2009 passed by ......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... Rin Adalat (Md. Abdul Matin J) 195 whereby the warrant of arrest was issued against the judgment debtor petitioner.
2. The facts, in short, are that the respondent No.2 in the capacity of the plaintiff instituted Artha Rin Case No. 14 of 2003 against the defendant petitioner and defendant ..
Category: Others | Date: | Hits: 84
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
.... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......eous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscellaneous case. 2. The facts, in short, are that the respondents herein as plaintiffs instituted S.C.C Suit No.9 of 2005 in the Court of learned Senior Assistant Judge, Sadar,..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....or the petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......the respondent Nos.4-6 hereof as defendant Nos.2-4, praying for declaration that the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fraudulent and not binding upon the plaintiffs contending, amongst others, that in the C.S. record the suit plot was recorded in C. S. K..Category: Property Law | Date: | Hits: 37
....t the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004 making the Rule absolute.
2. Respondent Nos.1 and 2 filed Writ Petition No.6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant license in favour of......s ready to market the same the Act was suddenly amended on 11.05.2004 as a result of which the respondents were debarred from selling the unsold stocks of the products produced earlier and that after amendment of the law the company applied for the license fulfilling the requirement of law but with ......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
....s appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giving benefit of pension and gratuity etc. and it ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......Writ Petition No. 6150 of 1997 by the High Court Division, discharging the Rule and affirming the judgment and order dated 28.04.1997 passed by the Chairman, Divisional Labour Court, Khulna in Complaint Case No.25 of 1995.
2. The facts, in short, are that the respondent No. 2 Md. Golam Nabi..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....nate Judge, 1st Court, Sylhet in Title Suit No.31 of 1986 dismissing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for declaration of their title to the land described in 2nd schedule which is part of 1st schedu......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... for declaration of their title to the land described in 2nd schedule which is part of 1st schedule land, by inheritance and by amicable partition with defendant Nos. 41 to 135. 3. Case of the plaintiff respondents, inter alia, is that the land of the 1st schedule appertaining to 2514/531. Th..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....f 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for further declaration that the Heba-bil-Ewaz deed No.37......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......e judgment and decree dated 30.9.1989 of the learned Assistant Judge, Second Court, Dhaka in Title Suit No.892 of 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dh..Category: Property Law | Date: | Hits: 33
....ুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) communicating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Agencies (PSI) as (জরিপ সং......িতে পণ্যের শতাংশ হারে মুল্য সংযোজন কর ধার্য্য ও প্রদেয় হইবে।
21. And later on because of the amendment in July 2000 the provision of sub-section 1 of section 3 of the VAT Act stood as follows......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
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