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....of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an application an amendment was sought to be made in order to challenge the legality of the LA Case No.138/61-62 on the ground that the existence of the LA Case was not known t......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
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Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
.... in respect of the homestead land as per provision of section 6 of the Land Reforms Ordinance, 1984. The learned advocate has argued that the High Court Division has erred in not considering this legal position and consequently arrived at a wrong decision. The learned advocate has argued also th......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ely with a direction to run both the sentences concurrently. 6. Though the impugned Judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of the petitioner to conduct the trial of the case......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....ee months amounts to violation of the provision of sub-section (3) of section 10 of the Ain and the order dated 19.08.2007 passed by the Adalat, discharging the accuseds on that ground was proper and legal. Hence, the order dated 24.02.2008 passed by the revisional Court, thereby setting aside the o......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....ha) of the Jaruri Khamata Bidhimala, 2007 was served on the accused on 18.2.2007 and that admittedly, the Commission was not in existence at that time and as such the very issuance of the notice is illegal and without jurisdiction. He further submits that the Judgment and order of conviction and sen......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....ing for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defendant declaring the "notice dated 23.12.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the pro...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and for perpetual injun......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
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Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....ri by his wife Armada Sundari and all other religious obligations for Mohesh Chandra Kuri were being performed by Santa Kumar Kuri and Armada was very much satisfied with Santa Kumar Kuri and for her legal necessity with the consent of plaintiffs No.1 and 2 made the impugned deed of gift in favour o......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....e effect that the appellate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreciation of the matter and the legal provisions have rightly held that the decree passed in Title Suit No.169 of 4981 is valid and ......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....9 and final decree drawn up on 5.9.2000) passed in Title Suit No.54 of 1998 by the Additional Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of at...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
.... of the trial court and also of the High Court Division. 9. The trial court held the view that since deceased Sheikh Sharif Ahmed did not appoint any nominee for the 'Gha' schedule money all the legal heirs of deceased Sheikh Sharif Ahmed are entitled to get this money according to their respec......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....such, the impugned order of the Magistrate granting maintenance to the wife and son under section 488 Cr.P.C. being passed after coming into force of the Ordinance, was without jurisdiction and of no legal effect. Accordingly, the learned Sessions Judge allowed the motion and set aside the order of ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....unus Hazi, 15 DLR (SC) 120 in para 28 it has been held: "The Judicial Committee of the Privy Council consistently maintained that it had undoubtedly full power to allow such amendment even where a legal right had accrued by lapse of time if the special circumstances of the case outweighed such co......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
.... profits and gains from whatever source derived. Total income includes profits and gains referred to in subsection (1) of section 4 and the principle underlying changeability of income depends on the legal accumulation or receipt where that receipt accrues and how it accrues and whether it is to fac......ting in over 250 ports, approximately in 95 countries through its surveyors. In Bangladesh its branch unit is being operated from its office at Jiban Bima Bhaban, Agrabad, Chittagong with the special status of a company under section 2(5A) of the Income Tax Act, 1922. 8. For the assessment years ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....appear to have taken the correct view of the law as to the burden of proof as laid down in the Evidence Act. Section 101 of the Act lays down that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that thos......ry. 5. The learned Additional District Judge who heard the appeal dismissed the same affirming all the findings of the trial Court The definite findings of the lower appellate Court were that the status of Mainuddin was that of an occupancy raiyat and as such was protected under section 160 of B..Category: Property Law | Date: | Hits: 97
....ondent No.2 in this appeal, to pay by 30-3-70 sum of Rs.545/70 on account of land revenue which, it was stated in the notice, he had not been making payment of or to show cause by the said date why legal action should not be taken against him under Public Demands Recovery Act for “wilfully defau......as been described as such in the very Indenture of lease by which lease was created and that the appellant's lease is in effect a lease in perpetuity is absolutely erroneous, as misdescription of the status of a person in a private document cannot alter has legal position and that the lease of the a..
Category: Property Law | Date: | Hits: 114
Al-Amin Vs. State, 2011, 40 CLC (AD)
....The reason that four persons have been brutally killed and that the police in their forwarding report have alleged direct the complicity of the petitioner in the commission of the murders are not legal grounds for not confirming the ad interim bail granted earlier, who has enjoyed the privilege ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... Constitution. 5. After hearing both the parties, by the impugned judgment and order of a Division Bench of the High Court Division the Rules were discharged holding that the petitioners have no legal right for automatic absorption in the service of the Jagannath University, which may be enforc......he Jagannath University. The learned Counsel further submits that in view of the fact that other Universities, including the Bangabandhu Sheikh Mujib Medical College Hospital, upon getting University status, retained their existing Teachers and Lecturers the petitioners have a legitimate expectation..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....ask of investigation was reposed in SI Md. Shahjahan on 28-12-2000 who after investigation submitted charge sheet under section 302 of the Penal Code against the accused person. 5. After observing legal formalities, the case record was transmitted to the Sessions Judge, Barisal, wherein the case ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....Lawyers Involved:
MA Jalil, Adaocate - For the Petitioner.
Civil Order No. 3029 of 2009.
Judgment
SM Ziaul Karim J. - By this application plaintiff-appellant-petitioner has challenged the legality and propriety of judgment and order dated 6-8-2009 passed by learned Additional District Ju......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
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