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Displaying 1941-1960 of 2466 results.

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....ound of the materials on record there is no hurdle in decreeing the suit upon allotting the separate saham of .19 acre of land in favour of plaintiff, that from the defendant's side it has not been disputed that plaintiff is in possession of the land claimed in her share, that the suit is not bad...... suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It was the specific case of the defendant that quantity of land list­ed in R.S. khatian No. 1981 is .2687 acre and that while Lalona Bala Biswas was the owner and possessor of .19..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....e." 6. We have heard Mr. Lutfor Rahman Mondal, the learned Advocate for the appellant and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit property belonged to Laibot Ali Pramanik. It is also not disputed that the p......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....ontesting candidate who had been declared elected Chairman and whose election, along with that of the six members, has been published in the impugned Notification. 5. Facts as stated above are not disputed. The sum and substance of the contention of Mr. Zakir Ahmed is that without holding electio......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

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....Shamsul Hoque, the learned Counsel for the respondent (who appeared with the leave of the Court) and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiffs’ predecessors and defendants predecessors were tenants in respec......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....the proper Income Tax authorities, the High Court Division erred in law in making the rule absolute. 5. The High Court Division arrived at a finding of fact that: "It is not disputed that the assessee-petitioner submits his return on the basis of self assessment scheme ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

.... অবস্থাতেই বৃদ্ধি করিতে পারিবেন না।” 12. The fact of entry of the appellants in the Waqf property as tenants of the Waqf Estate is not disputed. It is the contention of the Respondent No.5 that the tenants have violated the terms and c......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....he learned Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos.1-3 and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares an......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....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. ....... 449 of 1976 (subsequently numbered as title suit No. 429 of 1982) for eviction of the defendant No. 5, that the defendants after their purchase got their names mutated and paid rent and in the R.S. khatian their names have been duly recorded, that Chinta Haran Roy, who is prosecuting the suit on t..

Category: Tenancy Law | Date: | Hits: 194

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

.... 33 at the first instance before proceeding under Article 34 as contended by the learned advocate for the petitioner. Furthermore, in view of the fact that the liability as claimed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is ......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

....ioners for the wards. In exer­cise of the powers conferred by section 157 of the Ordinance, the Government framed the aforesaid Rules, Part III of which provides for 'election dis­putes'. It is not disputed that no provision has been made either in the Ordinance or in the Rules for an appeal from ....... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....es were not examined, the dying declaration was not formally proved and it cannot be accepted. This objection as to the admissibility of the dying statement cannot be legally accepted as it cannot be disputed that a state­ment made by a person as to the cause of his death is admissible in evidence ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....ong the language in which they are couched may be, and the same applies to undue influ­ence and coercion". 15. The proposition of law enunciated in the reported cases can hardly be disputed or any other view can hardly be taken. In the background of the fact of the instant case t......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....or the appellants and Mr. A.K.M. Shahidul Huq, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property orig­inally belonged to Kali Das Nandi who made a Will of the s......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)

....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ought to be pre-empted. 2. Pre-emption was sought under section 24 of the Non-Agricultural Tenancy Act, 1949. 3. The pre-emptor filed the Miscellaneous case stating that plot No. 5351 listed in khatian No.1739 belonged to Rajjab Ali Khan and he was survived by two sons, one daughter and a wido..

Category: Property Law | Date: | Hits: 35

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....nd in civil peti­tion for Leave to Appeal No. 856 of 2004 filed by the writ petitioner for expunction of some findings the Appellate Division disposed of the said petition allowing expunction of the disputed lines in the operative portion of the judgment making the rule absolute and allowed the wri......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..

Category: Criminal Law | Date: | Hits: 76

Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)

....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ..

Category: Property Law | Date: | Hits: 30

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judg­ment and decree dated 20-06-1999 holding that R.S. khatian stands in the names of plain­tiffs and defendants being permissive pur­chaser of th..

Category: Property Law | Date: | Hits: 32

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....s requisitioned and it was not acquired at any time and as such at all time title remained with the plain­tiffs' vendor. 13. The learned Counsel appearing for the Respondent No.1 has not disputed the fact that the land requisitioned upon initiating L.A. Case No.91 of 1957-1958 has not ......d, that they filed miscellaneous Case No.127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of the S. A. record and got order in their favour and thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally pub­lished in their names, that defend..

Category: Property Law | Date: | Hits: 40

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....d Mr Syed Mofizur Rahman, the leaned Advocate for respondent Nos.2 and 3 in CP No. 1382 of 2004 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the petitioner and respondent No.4 were appointed by (Annexure-A to the writ petition......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 59