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Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....ted by Md. Taufique Hossain, Advocate-on-Record- For Respondent Nos.1-2. Not represented- Respondent Nos.3-7. Civil Petition for Leave to Appeal No.1833 of 2011. (From the judgment and order dated 27.01.2011 passed by the High Court Division in First Appeal No.140 of 2005) Judgment Sy......ourt not relating to specific performance of contract shall be deemed to have been expunged. 19. In the light of the findings made before, we do not find any ground to interfere with the ultimate decision of the Courts below. Accordingly, this petition is dismissed with the observation that the ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
.... instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the High Court Division in Second Appeal No.291 of 1978). Judgment ...... oral and documentary, the High Court Division dismissed the appeal holding that the plaintiffs could not prove their title to and possession in the suit land. 10. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and facts do..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....Record- For the Appellants. M. I. Farooqui, Senior Advocate, instructed by Mr. M.G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Appeal No. 293 of 2009. (From the judgment and order dated 09.11.2004 passed by the High Court Division in Writ Petition No.770 of 2004)). Judgment .......12.2002 and as such, he had acquired legal right to have her name mutated in respect of the disputed property. The High Court Division came to a finding that the Government could have challenged the decision of the Additional Deputy Commissioner, Gazipur during this period. The High Court Division ..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 c......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....amsul Huda J.- This is an application for bail under section 498 of the Code Criminal Procedure filed by the accused-petitioner for enlarging him on bail in Double mooring Police Station Case No.25 dated 24-1-2011, corresponding to ACC GR No.1 of 2011 under section 5(2) of the Prevention of Corrup......he post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsion or to tamper with the prosecution witnesses in any manner. In this regard the learned Advocate referred a decision, reported in 14 MLR 482, wherein it has been held that, "Rule 16—Provides for the procedu..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....ainst the said order, the department preferred an appeal before the Customs, Excise and VAT Appellate Tribunal, Dhaka (hereafter stated as the Tribunal) and the Tribunal dismissed the appeal by order dated 11-7-2006 affirming the order of the Review Committee, whereupon the department filed Customs ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
....Ali Jimah, Advocate - For the Respondents.
First Appeal No. 348 of 2007.
Judgment
Farid Ahmed J.- This Appeal at the instance of the plaintiff was directed against the judgment and decree dated 12-9-2007 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.83 of ...... the impugned judgment and decree rejected the plaint and thereby dismissed the suit on the finding that the service of the appellant is guided by the law of Master and Servant. In coming to such decision he relied on the case of Rupali Bank Ltd. Vs. Md. Arab Ali reported in 7 BLC (AD) 1 (in dep..
Category: Employment/Service Law | Date: | Hits: 175
....fles personnel of the aforesaid outpost were kept in the said Headquarter up to 21.1.86 and on 22.1.86 the petitioners were informed verbally that they were discharged from service on and from that date and they were asked to go to Bangladesh Rifles Headquarter at Peelkhana, Dhaka for further deta...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....azzal Hossain, Advocates - For Respondent No.2. First Appeal No.225 of 1976. Judgment Abdul Jalil J.- This appeal at the instance of the plaintiff is directed against a judgment and decree dated 22.7.76 passed in Title Suit No.103 of 1975 by the Subordinate Judge, Patuakhali dismissing ...... is to be mentioned that the learned Subordinate Judge did not come to any definite finding as to whether the defendant No.1 was younger or elder to the propositus. However in view of the aforesaid decision, we think, it is immaterial to decide that point as treating her as elder even, as allowed ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realised by attachment or sale of moveable p......udice the economic and financial interest of the State vis-à-vis the Bangladesh Shilpa Bank established under P.O. No.129 of 1972. 7. In this connection a reference may be made to an unreported decision in Writ Petition No.216 of 1987 (Masood Hafiz Vohra (detenu), represented by his wife petit..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....udgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title Appeal No.25...... instant rule. 6. It has been urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the material evidence and coming to a ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, Dhaka in Miscellaneous Appe......ing over a new tenancy is created by renewal and for eviction of such a tenant 15 days' notice would be good enough. 27. In the view I have taken hereinbefore I am supported by a large number of decisions but reference may be made only to a few. 28. In the case of Ahmedur Rahman Vs. Sk. Mofa..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
.... Writ Petition No.31 of 1989. Judgment Md. Mozammel Hoque J. - In this Rule Nisi issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notifica......tification in the Gazette under the said section 3(1) does not ipso facto make it a Municipality or make it included in the limits of an existing Municipality by way of extension." 15. The above decision, in our view, has got full application in the facts and circumstances of the present case a..Category: Property Law | Date: | Hits: 108
....n and were finally fixed for analogous hearing. These three suits were re-numbered as Transferred Suit Nos.1/70, 2/70 and 3/70 in the then High Court of East Pakistan.
3. By his judgment and order dated 24.6.76, Mr. Justice S.M. Hussain made the award passed by the sole Arbitrator on 19.12.69 a R......t the rate of 7% per annum since 1.9.68 till the date of payment of the sum of Tk. 8, 86,299/85. The award of interest was evidently made on the assumption that the Arbitrator was not only giving a decision on the difference as, to the amount of loss or damage incurred by the claimant but also m..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....ment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sentence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convict......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....dvocate — For the Opposite Party. Civil Revision No.108 of 1986. Judgment Qazi Shafiuddin J.- This rule was issued calling upon the opposite party to show cause why the judgment and decree dated 27.2.86 and 9.3.83 respectively passed by the learned Additional District Judge, in Title Appe...... attributable to permission implied or express. The mere fact that one person walks over the land of another does not raise any presumption that he has right to do so. Mr. Mannan also cited another decision in the case of Sadindee Dev Vs. Ambica Singh Manipuri and others reported in 25 DLR 327. In..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....torney General—For the Respondent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co-opera......LIX of 1982) provides grounds as well as the procedure for the removal of a Chairman from his office as Upazila Chairman. In the present case the question of removal is not the relevant point for decision and hence it is not necessary for us to enter into discussion of the same. The question moo..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....es, are that the petitioner Jalaluddin was put on trial along with other 10 accused persons in Manikganj P.S. Case No.14(6)/79 under sections 395/397 of the Penal Code. It appears from the judgment dated 29.9.85 passed by the Additional Sessions Judge, Manikganj that the petitioner Jalaluddin was ......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....posite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshingdi in......ase of Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97 and the Court rightly ordered a fresh election." 8. I am in respectful agreement with the ratio decidendi of the above decision. The Election Tribunal did not declare the election as a whole void, but declared the ele..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....pposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appeal No.......laint under Order 7, rule 11 C.P.C. 5. On appeal the learned Additional District Judge found that without taking evidence in the matter the learned Subordinate Judge; could not have given any decision on facts. He found that the learned Subordinate Judge has rejected the plaint without recor..Category: Business or Commercial Law | Date: | Hits: 282
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