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Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....low on proper assessment of the evidence on record came to a definite finding that the plaintiff has title and possession in respect of 06 decimals of land. It is further contended that there is no legal evidence that Alam Khan exclusively got the suit land, and the defendant is not in possession ......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
....
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Subrata Dev Roy..................................Petitioner
Vs.
Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
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. ......e instant case." Security of Tk. 1000/- is to be deposited within 1 (one) month. The petitioners are permitted to prepare the paper book 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 Ca..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitio......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......he respondent No.3 decided to change designation of the writ petitioners from Inspectors whose job is of supervisory nature to Sub-Assistant Cane Development Officer and because of this change, the status of the writ petitioners was changed and they were barred from taking part in trade union ac..Category: Employment/Service Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....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 contested the writ petitions by ......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
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....t the defendants are in possession in the Suit land. It further transpires to me that the findings arrived at by the Court of appeal below having been rested upon consideration and discussions of legal evidence and materials on record and also on a correct and proper analysis of the legal aspect......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
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....respect of 1.38 acres out of 5.14 acres of land of S.A. Plot Nos.591 and 593 of S.A. Khatian No.311 and for further declaration that the judgment and decree passed in Title Suit No.138 of 1969 is illegal, collusive and void. Their case, in short, is that Afaz Uddin, owned 5.14 acres of land who di......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was appointed a Clerk‑cum‑Store K...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... support of his submission he has drawn our attention to section 6(d) and (e) of the General Clauses Act. Section 6(e) of the General Clauses Act runs as follows: "6. (e) affect any investigation, legal proceeding or remedy in respect of any suck right, privilege, obligation, liability, penalty, ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
.... not entitled to get possession in the disputed house.
5. Mr. MI Farooque, the learned Advocate appearing for the petitioners, has first of all, tried to submit that the petitioner No.1 acquired a legal right first of all by way of possession of the disputed house and accordingly, another right b......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
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....3/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner join......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....District Magistrate, Dhaka purported to detain the accused petitioner in jail custody, which order, as it appears from the certified copy of the order dated 15.7.93 of this Court was declared to be illegal and the detention of the accused petitioner was declared unlawful in Writ Petition No.1043 of ......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
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
.... Majid, Advocate ‑ For the Petitioner. Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... siblings, the marriage of his two younger brothers is not unnatural but considering the surrounding facts coupled with the nature of the witnesses examined by him led to the inference that there was legal marriage between the appellant and the respondent. The Court of appeal below also evaluated th......other. “The performance of the marriage according to the form prescribed in the place where the marriage is celebrated, or which would impress on the woman by the customary law of the Musalmans the status of a wife is a matter of secondary consideration”. Dicey on Domicile stated, it is recogniz..Category: Family Law | Date: | Hits: 318
....ed by the Chief Election Commissioner and the Election Commissioner, refusing to stop the aforesaid election schedule should not be declared to have been made without lawful authority and to be of no legal effect.
2. In this petition the petitioner has stated that he was convicted in Pabna Sessio......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
....Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this Rule are that the petitioner ...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
.... and 17/93 for the Applicant and in Reference Application No. 48/95 for the Respondent. She supports the decision of the Taxes Appellate Tribunal, given in ITA No 2109 of 1991‑92, but questions the legality of its decision given in ITA No. 2293 and 2294 of 1987‑88. She submits that the Tribunal ......IV/88‑89 the Taxes Appellate Tribunal, comprising Mr. Arayes Uddin, the Judicial member and Mr. M Mohammad Solaiman FCA, the Accountant Member, arrived at a different conclusion as to the company's status. They concluded that the company is not resident in Bangladesh. So, its decision went in favo..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....arly, in assaulting PW 6 Pannu Fakir and others did not join or share with Mansur Fakir. Mansur and Fazal Fakir could be convicted for their individual offence, which they committed. In view of above legal position and on the evidence on record, conviction of other appellants under section 149 for c......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....rnment. The Government did not pass any specific order releasing the said property and the matter is, according to the petitioner still pending before the Government. Meanwhile, the Government most illegally enlisted the disputed house as abandoned property in the 'Ka' list of abandoned properties v......ing similar matters. In this view of the matter, it appears to us that Mr. Farooqui is correct in submitting that the petitioner need not seek remedy before the Court of Settlement once his right and status in respect of the disputed house have been decided by a legally constituted competent forum. ..Category: Property Law | Date: | Hits: 75
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