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Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....versely since 1910 i.e. more than 60 years but the Single Judge of the High Court Division made the Rule absolute on the ground that the opposite parties (present petitioners) never paid rents to the Government where the case is for adverse possession making the Rule absolute on the ground of non pa......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub-Divisional Magistrate or to any officer authorized in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redempti......ng the usufructs for the gap period from execution of the conveyance deed to registration of the same i.e. from 18.10.1948 to 29.8.1949, the consideration was so fixed. This variation, however, was nobody’s case. This is not a material fact even. Therefore, the finding of the lower appellate Court..

Category: Property Law | Date: | Hits: 87

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....ha purchased the same in benami of his wife Manjury Mohini Saha, which was confirmed on 22.9.1938. After so purchase, Ramoni Mohan Saha constructed two buildings on the suit land and rented it to the Government for setting up a Sub-Registry Office there. He also constructed a separate house on the s......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the High Court Division committed an error in directing the Government to accord permission to the writ petitioner allowing him to import duplex board and that ......ntry in bold letters, the word “TEMPORARY IMPORTATION” inscribed thereon; and in case of any goods imported along with passengers, necessary recording may be made by the officer of Customs on the body of passport or other documents. (3) The Bills of Entry so submitted shall be assessed provis..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....so Reported in: ......a decision given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Woad {(1974) L.R. 9 Exch. 190}. I see no reason to doubt these authorities. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to th..

Category: Employment/Service Law | Date: | Hits: 155

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....ng permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha Khatun paid rent of Tk. 1/- to the lessor Rangubala till the rent receiving interest was acquired by the Government; and that S.A. Khatian was not correctly prepared because neither respondent No.1 nor his......n under sub-section (1) shall become tenants directly under the Government and shall pay rent at the existing rate, in respect of the rent-paying lands so held by them to the Government and not to anybody else: provided that in cases where no noti­fication was issued under sub-section (2) of sectio..

Category: Property Law | Date: | Hits: 85

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

..... Earlier they had instituted Other Class Suit No. 38 of 1988 in the Court of Subordinate Judge, Sherpur for declaration of title in the suit land and subsequently got a decree on contest against the Government. The defendants along with some hired goons threatened to dispossess them from the suit l...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 84

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

....node Behari died in this country in 1962 as a citizen of the erstwhile Pakistan and since his death the plaintiff has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. It was further contended that the aforesaid will executed by Binode Biha...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Md. Ali Asgar Khan J Halima Jaman and other……………………Petitioner Vs. Government of Bangladesh………………………Respondent Judgment April 20, 1998. Res...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..

Category: Property Law | Date: | Hits: 89

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....to register documents in question. 12. Mr. Gani, draws the attention of the court to the said provision, but also reads from the Bangladesh Registration Manual, 1983 which is as follows: “The Government may amalgamate with any office of a Registrar any office of a Sub-registrar subordinate t...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..

Category: Procedural Law | Date: | Hits: 105

Maudud Vs. State, 1998, 27 CLC (HCD)

.... of (a) cannon, (b) articles designed for torpedo service (c) rockets, or (d) machinery for the manufacture of the arms or ammunition, (e) continuous fire arms may be granted in Form No.1 only by the Government. Rule 31 provides that a licence for the possession and use of military stores may be gra......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..

Category: Criminal Law | Date: | Hits: 87

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....at a representation was made by the petitioner on the same ground without any result. The petitioner moved this petition and obtained Rule. 3. Mr. Sircar relying on section 7(2)(Chha) of the Local Government (Union Parishads) Ordinance, 1983 contends that the respondent No.1 having had defaulted ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..

Category: Election Law | Date: | Hits: 153

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....nd Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....to continue in his job. He points out that he intimated the legal position to the contemnors in his letter dated 06-9-2009, enclosing a copy of a judgment of the Appellate Division in the case of the Government of Bangladesh represented by the Secretary, Ministry of Establishment Vs. Shamsuddin Ahme...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..

Category: Employment/Service Law | Date: | Hits: 156

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment Februar......r, the respondent No.2 issued a formal lease-order in favour of the petitioner on 6-2-2006. However, a bilateral agree­ment was concluded between the petitioner and the respondent No.2 on 7-2-2006 embodying the terms and conditions of the lease of the Stone Mohal according to the provisions of the ..

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....ul Krishnaw. Subsequently they transferred their lands to their wives Lalita Bala, Purna Rama and Raj Bala who in turn settled the suit land with Kamarjahan Begum who subsequently become tenant under Government after SA operation and her name was accordingly recorded in the PS Khatian Nos. 291 and ......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....80); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 SC 416; Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Retired Government Employees' Welfare Association Vs. Bangladesh, 46 DLR 426: Kazi Mukhlesur Rahman Vs. Bang......epresents a vast multitude of persons who cannot come up with Writ Petitions individually on the self-same averments before this Court and over and above, the petitioner is not an interloper or a busybody and he has tried to vindicate the dignity, prestige and honour of the office of the District Ju..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....vision  (Special Original Jurisdiction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgment  Ju......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

.... in not shifting the date of hearing of the case to enable him to get a lawyer from Comilla Bar and erred in not granting time to enable the appellant to file a petition under section 28 of the Local Government Ordinance, 1976 for transfer of the election petition to another Tribunal and erred in re......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin ......g of 17% as indicated under the proviso to rule 3(1) of the Model Tax Schedules. On the question of the maintain­ability of the Writ Petition the High Court held that the Municipal Committee being a body corporate it could sue or be sued and in such capacity it was also a local authority; and the M..

Category: Fiscal/Taxation Law | Date: | Hits: 156