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Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......III ADC (2011) 370....... perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. The case of the plaintiffs, in short, is that the property in schedule to the plaint is a tank and the bank surrounding it which is popularly known as......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....thin 30(thirty) days. After getting possession of the suit land and the other adjacent lands, the defendants demolished the kucha and semi pucca rooms standing thereon. By investing lacs of taka they completed major portion of works for conÂstruction of a multistoried building and the remaining wor......: VIII ADC (2011) 344.......ingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accordingly prepared in his name. He died intestate on 18.06.1975 leaving behind a widow, namely, Khatibunnessa, who inherited the entire suit property as sharer of 4 annas share as his wife and the remaining 12 annas share as per the 'Doctrin...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, representÂed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub......f it differs the case shall be referred to a Full Bench". 10. Thus, if a Division Bench does not accept as correct the decision on a quesÂtion of law of another Division Bench, the only right and proper course is to refer the matter to a Full Bench. Every Judge of the High Court Division before ......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......dispossess the plaintiff opposite party from the suit land. Hence the suit for permanent injunction. 3. The defendant petitioners' case is that the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father.......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......l Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ..........................Respondents. ......re not inclined to give any decision as to whether the respondent No.5 was validly removed or Mrs. Rowshan Akhtar was validly elected as the Chairman which will be decided in accordance with law in a proper forum. At the moment we are concerned with the impugned order which was passed by the Governm......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
..... It is also established on evidence, considering the whole matter in the light of the attending facts and circumstances of the case, that accused Nurul Hoque being the husband of the victim girl had complete dominion and control over the wife and it is clear that she did not object to her being tak......Division (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Abdul Karim J State ........... Appellant Vs. Nurul Hoque ....Respondent (Absconding) Babul and another ................Appellants Vs. The State …………..Respondent Judgment ......t to her house. He further stated in cross‑examination that Ali Mia, father of Nurul Hoque had moved 6 years ago to a new house from the old house and went to new house after a quarrel, with landed property, with the father of the condemned prisoner and after he went to the new house their relatio......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......isdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Judgment
July 18, 1991.
Cases Referred To-
...... petitioner that as the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case canno......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra .......demanded publication of the result of the examinees which was withheld subsequent to publication of the result. The Teachers Council were of the view that the said examination was held in a peaceful, proper and fair manner and no irregularities or unfair means were at all adopted. It is further stat...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......heir vendor paid rent and proved their title and possession by adducing oral and documentary evidence, particularly by paying rent to the Government; (iv) The learned Joint District Judge, without proper discussions of the evidence on record and being failed to conceive and consider the principle......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......n (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Barrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. Judgment February 18, 2010.......1969 (hereinafter referred to as the Ordinance), pending in the Second Labour Court, Dhaka, should not be quashed and/or such other or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case we......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......on (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules ar......aneous Case Nos. 174 and 175 of 2002 should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Facts leading to the issuance of the Rules Nisi are, in brief, as follows: The pet......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......s also Reported in: 62 DLR (HCD) (2010) 31.......rs by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that one Md. Khairul Huda was the owner of......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. Cases Referred To-...... of Anti-Corruption Commission to issue the notice and there is no legal bar to do so even now by issuing a fresh authority in accordance with law The delegate, namely the DD, if so authorised by the proper authority, may issue a fresh notice. But from the facts and circumstances of the instant case......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ......J.- This Rule was issued by this Court on 23rd May, 1991 directing the Bangladesh Shilpa Rin Sangstha (BSRS) and Uttara Jute Fibres and Industries Ltd. (Purchaser) to show cause as to why the sale of properties of M/s Ashraf Jute Mills Ltd. in‑liquidation dated 17.1.90 should not be cancelled and ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
.... any knowledge of the likelihood of causing such wrongful loss or damage to the complainant/opposite party and hence the ingredients of the offence of mischief under section 427 of the Penal Code are completely lacking and therefore no useful purpose will be served in continuing the proceeding which......€¦â€¦.………….Petitioner Vs. Mir Amanullah & others……………….Opposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involv......o why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pendi......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......This Case is also Reported in: VIII ADC (2011) 302.......f Abdul Motaleb who was not a judgment-debtor did not file any application before the exeÂcuting Court under Order XXI rule 90 of the Code of Civil Procedure claiming to be in possession of the suit property."
5. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the appellants subÂmitted t......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....ision is based on no sound principles of law; that the Additional Assistant Judge allowed the application of petitioner transposing her as plaintiff from the category of defendant for effectually and completely to adjudiÂcate upon and settle all the question involved in the suit which caused no fai......ase is also Reported in: VIII ADC (2011) 297. ...... Nos.8, 9 and 10 are his sons and defendant No.11 is his daughter through his 3rd wife. The plaintiff is an old and infirm man and as such, the defendant No.7 being the eldest son looks after all his properties. For proper administration of properties the defendant No.7 proposed to plaintiff to exec......he deceased having no conflicting interest with the deceased plaintiff and could legally proceed with the suit being transposed from the category of defendant as plaintiff in place of her husband for adjudication of the dispute involved in the suit, the High Court Division erred in law in setting as..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Salma Parveen...........................................Appellant Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referr...... application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......2011) 240.
......(3) and 43(b) (i) of the Arbitration Act, 2001 that the contention leading to a case of simple recovery of loan for which a suit has already been filed in the Artha Rin Adalat which is apparently the proper forum, the subject matter of the alleged dispute is not capable of settlement by arbitration.......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....d in July, 1967, that the respondent acting on her permission got a plan sanctioned by the Dhaka Improvement Trust in September, 1967 for building a three‑storied house thereon, but before he could complete the ground‑floor of the building the respondent was transferred to the Head Office of the......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L...... started living separately from him with her parents; that in the first week of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
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