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Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......s under: "1. Is the suit maintainable in its presÂent form? 2. Has the suit land, been acquired? 3. Is the resolution dated 09.11.1995 taken by the defendant Nos. 1 and 2 as to allotment of property mentioned in the 'Schedule-A' of the plaint illegal? 4. Are the plaintiffs entitled to g......le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......his Case is also Reported in: VIII ADC (2011) 515.......d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515....... record and the submissions of the learned Advocates of the contesting parties allowed the appeal setting the judgment and order passed by the Court below and further remanded back the case for fresh adjudication. 6. Against the said judgment and order the plaintiffs moved the High Court Division..Category: Procedural Law | Date: | Hits: 66
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le......ision erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of its revisional jurisdiction in failing to consider that the Court of appeal below on proper assessment of the eviÂdence on record came to a definite finding that the plaintiff has titl......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ..Category: Property Law | Date: | Hits: 87
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......Ed. This Case is also Reported in: VIII ADC (2011) 492. ......rming the common judgment and decree passed in Title Appeal Nos.157 and 158 of 1994. 6. The High Court Division however observed that the contesting parties are co-sharers in the suit land but the property has not been divided by metes and bounds and thus remained in ejmali and since both the par......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..Category: Property Law | Date: | Hits: 60
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le......eave is granted to considÂer the Ground Nos. I and II of the leave petition, quoted herein below:- "I. For that in the suit the Madrasha was not made party and thus the suit must fail for want of proper and necesÂsary parties the High Court Division overlooked this point and decreed the suit; ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......eported in: VIII ADC (2011) 471. ......it petitions and they have been serving for the last 22/25 years and have been receiving MPO from the Government. The Government of Bangladesh by the impugned memo stopped their MPO without assigning proper reason, which was illegal, arbitrary and not binding upon them. 4. The petitioners contest......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ...... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Md. Abdul Wahhab Miah J Continental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Re......Âsignees on arrived at port of discharge in Bangladesh such containers do come withÂin the purview of section 3(2)(Ja) of the Admiralty Court Act, 2000, and accordingÂly the suit has been filed in proper forum. 6. The Admiralty Court on consideration of the material on record and the submissio......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468....... Ed. This Case is also Reported in: VIII ADC (2011) 468.......he respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the plaintiffs and the Issue No.5 relating to exclusive possession in the suit property was found against the plaintiffs since found that the plaintiffs failed to prove their excl......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......contravention of sections 91 and section 92 of the Evidence Act. Section 91 of the Evidence Act runs as follows: "91. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is requir......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL......ot be quashed or in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. At the time of issuance of the Rule all further proceedings in Petition Case No.11016a of 19......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
...... also Reported in: 45 DLR (HCD) (1993) 601.
......holding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing Estate, PS Mirpur, Dhaka hereinafter referred to as the disputed house in the 'Ka' list of abandoned property.
2. The case of the petitioners is that the petitioner No.1 is the wife of petitioner No......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....n the interest of justice. Section 167(1) and (2) Cr.P.C. provides as under: “167. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty‑four hours fixed by section 61, and there are grounds for be......Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP Faisalabad and others, 1992 Pakistan Criminal Law Journal 985; Tofazzal Hossain Sheikh Vs. Mir Md. Akand and ot......necessary to interrogate him. 11. On 30.6.93 an application was filed on behalf of the accused petitioner for rejecting the prayer for remand and for directing the jail authority for arranging his proper treatment alleging torture by the police taking him to an unknown place in Kotwali PS Case No......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza...... their conduct infer a presumption as to the legal marriage, and (3) whether the High Court Division is justified in interfering with the concurrent findings of fact arrived at by the Courts below on proper assessment of the evidence on record as to the solemnization of a legal marriage between the ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....n the facts and circumÂstances of the case the Tribunal was right in holding that the Senior Appellate Joint Commissioner of Taxes was not justified in setting aside the assessment with direction to complete same under the Convention. 3. Whether in the facts and circumÂstances of the case the t......nt December 8, 2000. Case Referred to- Unit Construction Company Ltd Vs. Bullock (Inspector of Taxes) (1961) 42 ITR 340 (HL). Lawyers Involved: Syed Ishtiaq Ahmed with Md. Asaduzzaman and Nihad Kabir, Advocates-For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For the R......desh. In Bangladesh it has branches in Chittagong, Khulna and Dhaka. Its business is carried out through a General Manager and other subordinate staff. In this country it has tea plantation and other properties. 3. The present disputes between the parties relate to the Tax years 1983‑1984, 1984......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......62. ....... In a case where the Court finds that it has no territorial jurisdiction to entertain the suit the plaint need not be rejected; it should be returned under Order 7 rule 10 for presentation to the proper Court. It may be noted however that defendant No.9 undisputedly resides within the jurisdi...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ......n Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in respect of right and title, of......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....t deposited within one year from the date of decision to acquire under section 5 or proviso to section 4(3)(b) of the Ordinance". 9. Therefore, the earlier decision of this Division was based on a completely different point although the exposition of law as regards the deposit of compensation wit......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ......ulfillment of the requirements approved the proposal and started L.A. Case No.01/89-90. After receiving the notice under section 3 of the Ordinance, 6(six) objections were raised by the owners of the property within the stipulated time as per section 4(1) and the said 6 (six) objections were heard b......her necessary that it must have been in issue directly and substantially. When the plea of res judicata is founded on general principles of law all that is necessary to establish is that the previous adjudication must have been between the same parties and that it must have also been with respect to..Category: Property Law | Date: | Hits: 93
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......ision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Sheikh Hassan.............................................Petitioner Vs. Mst. Shiriya Begum and another....................Respondents Judgment August 18, 2009. Lawyers involved: M...... on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by executing a deed on 7.12.1992 and subsequently on 03.05.1994, he again took loan ......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ..........................................Respondents Judgment January 24, 2010. ......writ respondent filed affidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26.12.1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering ......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......orted in: 16 MLR (AD) (2010) 134. ......ds but the homestead of the defendant was constructed on Plot No.983 covering an area of .22 acres much more earlier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no int...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
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