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Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......ct VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentation before the proper Court by his order dated 05-07-86. 4. Thereafter, on or about 09-04-90 plaintiff made ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......rst Class Magisterial power of the petitioner be restored. 6. The learned Deputy Attorney-General opposes the Rule. He submits that the order passed by the learned Sessions Judge was legal and proper and, as such, prays for discharge of the Rule. 7. We have heard the learned Advocates ......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....4 wrote a registered letter with AID on 19-10-1999 (Vide Annexure-4(1) to the petitioner No.2 asking them to vacate the premises mentioning about all his letters of reminders and calling upon them to completely knock down the unauthorised construction. The respondent No. 1 issued a notice upon the r......
......ised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts as stated in the writ petition, in short, are that, the petitioners took......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
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Category: Property Law | Date: | Hits: 31
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... under this section. (8)................................................................. 18. Relevant portions of Rules 29, 30, 31, 31, 35, 36 and 39 are reproduced below which would give us a complete answer on the issue. “29. Publication of draft record of rights.-...........................Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma......udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
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Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
.......
......ienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, ‘body, reputation or property of any person shall be taken except in accordance with law. Article 32 of the Constitution ......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....of the respondent No.7 which the respondent No.7, though not liable to repay, paid the entire amount by two cheques dated 26.12.2006 in favour of the respondent No.4 requesting the respondent No.4 to complete the lease agreement in favour of the respondent No.7. Finally on 14.01.2007 the respondent ......J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla......n of the Government. It is further stated that the respondent No.4, CPA has the sole authority to create any lease of their land and none of the respondents have any right to create lease of the said property owned by the respondent No.4 in favour of the writ petitioner neither 1.00 acre of land nor......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ...... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ......onj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haqu......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd......e that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for partition of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are tha......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved......pport of his claim as contiguous owner. The Courts below have concurrently found that the petitioner is not a tenant holding lands contiguous to the lands transferred and this finding is based on proper appreciation of the evidence on record. In view of the above, the learned Judge of the High C...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......VII ADC (2010) 397. ......ight and possession of the plaintiffs in the suit land, the High Court Division committed an error in dismissing the suit without reversing the finding of the court below and thus the same is not a proper judgment of reversal". The security of Tk.1000/- is to be deposited within one month. ......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....emedy rather, they would be able to contest the suit on merit, on the contrary, the petitioner is left without any remedy and as such, an opportunity should be given to the petitioner for the sake of complete justice to safeguard his constitutional right to property. 9. We have heard the le......Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others……….......e in the record the name of one Azim Munshi was shown as owner-possessor of 3.82 acres of land mistakenly, asserting, amongst others, that the plaintiff has no right, title and interest in the suit property. 4. The plaintiff adduced three witnesses and the defendant adduced four witnesses i......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......oner's mother was actually made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be a co-sharer, secondly, as to whether ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden......foresaid ex-parte decree and by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, d......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades......land has not been affected by the provision of President's Order No. 137 of 1972 and this suit is barred by sub-section (3) of section 87. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General wi......d by the Chief Whip and the Deputy Leader of the opposition in their letters to the Speaker. The Speaker instead of deciding, that the two members have not resigned from the party should have, more properly, referred the matter to the Election Commission to investigate and decide. It is not at all......ch, the courts have no jurisdiction. The Speaker’s ruling cannot be challenged in a court of law either directly or indirectly as what takes place within the four walls of Parliament is not open to adjudication by court. This principle was laid down long time back in the case of Bradlaugh Vs. Goss..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades...... terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the government initiate...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......erforming an administrative function in referring the dispute to the Election Commission. It has been clearly held in the case of Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486, that in a proper case the Speaker might be Directed by the higher Court to make a reference where he has refus......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State……………...Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result:......le in their respect and on the other had, conviction and sentence of accused Elas Bepari @ Aklas is sustainable in law." It appears that the findings of the High Court Division is based on proper appreciation and evidence on record and call for no interference by this Court. Ac......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ..Category: Criminal Law | Date: | Hits: 294
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....l the suit property in favour of the said defendants by registered deed. But in spite of recording the suit property in the name of Obaidul under Section 30 of the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 propose...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali…………………………………… Petitioner Vs. Md. Shamsul Hoque Sarder and others .......The Respondents Judgment February 15, 2010. Lawyers Involved:......stant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of the suit property. They gave pattan of the said property to Sakhawat Ali and Babor Ali, who cultivated the sa......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………...... the Ministry of Lands with the help of Government's officer collusively. The record of right in favour of government is absolutely wrong and collusive and the defendant No.4 can not claim the suit property on the basis of alleged settlement and the defendant No. 1 has no right, title and intere......rived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..Category: Property Law | Date: | Hits: 25
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