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Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......of 1989 disallowing the Miscella­neous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kushtia Pourashava originally belonged to Nil Moni Roy Chowdh..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....e appeal has been disposed of on contest under Rule 31 of Rules, no review or other application lies and the settlement authority have got no jurisdiction to re-open the matter other than to send the draft publication khatian for final publication under Rule 32 of the Rules. Even Rule 42 does not em...... Memo No.5/94/3102/1 dated 18-12-2002 of the respondent No. 3 and the Secret-Enquiry dated 16-7-2002 held at the instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....rreversible penalty of death is repugnant to the concepts of human rights and values, and safety and security 47. It appears from the above provisions to us that there was lack of contrivance in drafting the laws. If an enactment is sloppily drafted so that the text is verbose, confused, contra...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

.... of death is repugnant to the concepts of human rights and values, and safety and security.    47. It appears from the above provisions to us that there was lack of contrivance in drafting the laws. If an enactment is sloppily drafted so that the text is verbose, confused, contra......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....1997, Annexure-E series. It has also been stated that the petitioners have been possessing and enjoying 41.24 acres of land through different tenants. During the recent Mahanagar Survey Operation the draft record-of-rights (Tasdik Stage) was prepared in the name of the petitioners in accordance with......arge Officer and Assistant Settlement Officer (Appeal Officer-in-Charge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......rteen point three three) deci­mals situated in the District- Dhaka, Police Station-Fatulla, Sub-Registry Office-Nara-yanganj, under Dhaka Collectorate Touzi No. 1132, JL No. 192, Mouza-Isdair, CS Khatian No. 112, SA Khatain No. 96; butted and bounded as follows; On the North: Land of Mr. Az..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....d earn­ings for the year 2013. 5. The trajectory of stages leading to the ini­tiation of the IPO commenced with the Company's application to the BSEC on 29-4-2013 for a vexing of its draft Prospectus. Several months into that application the BSEC reverted on 8-9-2013 with a Deficien......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

....ule stands vacated. Communicate the judgment and order imme­diately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ......nd four daughters namely Khairunnessa @ Jamila, Syedunnessa, Rabidunnessa and Farid-un-nessa. He further states that Khairunnessa @ Jamila lived with her husband Raja Miah sepa­rately and the MRR Khatian was prepared omit­ting her name but the recent khatian has been pre­pared in the nam..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

Bangladesh Bridge Authority (Ex-Jamuna Multipurpose Bridge Authority), Setu Bhaban, Air Port Road, Banani, Dhaka-1212 Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....presentative of the Assessee-applicant authority, assessed the income of the Assessee-applicant at an amount of Tk. 181,98,79,950.00 and having found that the expenditure as has been mentioned in the draft audit report, not being supported by adequate evidence, discarded the same and allowed an expe......nswered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 23 Oct, 2014 | Hits: 1

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ......ion No.6786 of 2005 directing the writ-respondents to release the land measuring 0.29 acre at Mouza-Dhanmondi under Dhanmondi Police Station appertaining to CS Plot No.192 and SA Plot No.868 under CS Khatian No.189 and SA Khatian No.2/A, acquired in LA Case No. 122/60-61. 2. The facts for the p..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ...... plot being clearly spec­ified and demarcated by boundary marks and defendant No. 1 constructed semi-pucca shop houses thereon and she also paid the rents of the same to the Government and the SA Khatian No. 867 in respect of the above land has also been recorded in the name of this defendant No..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......ested and non-resident property is not binding upon the plaintiff and for permanent injunction. 3. The case of the plaintiff, in short, is that the land measuring 6.05 acres appertaining to C.S. Khatian No. 152 of No. 3 Nalbaria Mouza origi­nally belonged to Ganga Charan. Ganga Charan settl..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ......contested that case by filing written objection stat­ing, inter-alia, that the pre-emptor-petitioners are not co-sharers of the land transferred. That the lands of plot Nos.487, 488 and 489 of RS Khatian No.197 corresponding SA Khatian No.60 was partitioned amongst the co-sharers by a sole-decre..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... Surendra Kumar Sinha, J and Md. Abdul Wahhab Miah J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - I have had the advantage of reading the draft copy of the judg­ment proposed to be delivered by my learned brother Md. Abdul Wahhab Miah...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.     ......contested that case by filing written objection stat­ing, inter-alia, that the pre-emptor-petitioners are not co-sharers of the land transferred. That the lands of plot Nos.487, 488 and 489 of RS Khatian No.197 corresponding SA Khatian No.60 was partitioned amongst the co-sharers by a sole-decre..

Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

..... A Division Bench of the High Court Division by the judgment and order dated 3-1-2006 dis­charged the Rule Nisi issued therein with find­ing that the writ petition was pre-mature as it was a draft list and no final list was prepared. The judgment and order was upheld by the Appellate Divisi......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

.... 30. In the cited case the plaintiff produced Exhibit 1 as to the terms of the contract whereas the defendant produced Exhibit C and the prices in the two terms are completely different, PW 2 who drafted the agreement was examined and he himself stated: "Exhibit 1 is not the same draft......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ffs have prayed for declaration of title upon 1.18 acres of land without speci­fying any boundary and without giving any sketch map. It further appears that the plaintiff failed to produce the SA Khatian. The CS Khatian has been submitted. It appears from the CS Khatian that the suit land has be..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2