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Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....her Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called the disputed house, in the 'Ka' list of abandoned properties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The......ion whether the disputed house is an abandoned property or not had once been decided by a legally constituted forum provided under PO 16 of 1972 between the same parties and, as such, unless the said decision by a statutory authority constituted under PO 16 of 1972 is set aside by another competent ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....dra Biswas, Advocates ‑ For the Respondent No. 3‑7. Appeal from Original Decree No. 34 of 1976. Judgment Kazi Ebadul Hoque J.- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Probate Suit No.12 of 1973 dismissing the sui......nt-respondents made in paragraph 4 of the written statement is of no help to the plaintiff ‑appellant. 8. In our judgment dated 26.4.96 passed in FA No.487 of 1991 (Dhaka) following the latest decisions of the Appellate Division reported in 35 DLR (AD) 315 and 36 (AD) 156 it was observed that..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......, submits that Regulation 22 of the said regulations provide that any matter not covered by these regulations shall be referred to the Board and the Board may refer the matter to the Government whose decision in the matter shall be final and that the formation of the Special Committee is covered by ..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....oner. Civil Revision No.482 of 1993 with Civil Revision No.713 of 1093. Judgment DM Ansar Uddin Ahmed J.- These two Civil Revision Cases have arisen out of two orders passed on two different dates by the Assistant Judge, 3rd Court Dhaka in Title Suit No.21 of 1993. The Rule issued in Civil ......he Election Appeal Committee challenging the election held in 29 centres. The committee however decided the disputes on 29.12.1992 setting aside elections held in 19 centres only. Notwithstanding the decision of the Appeal Committee and before holding fresh election at the 19 centres some interested..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....o 3(6). Appeal from Original Decree No. 561 of 1968. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendant Nos. 1, 2 and 15 is directed against tile judgment and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....espondent No.8 (In Civil Appeal No. 60 of 2006). Not Represented- Respondent Nos. 1-7 & 9-17 (In Civil Appeal No. 60 of 2006). Civil Appeal Nos. 59-60 of 2006. (From the judgment and order dated 10.8.2004 passed by the High Court in Writ Petition No.2746 of 2001) Judgment Surendra K......isition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the High Court Division in Criminal Miscellaneous Case No.4427 of 2001.) ......re. The complainant bank learned from its authorized C & F agent M/S Alauddin accused Nos. 7 to 9 (of the complaint) had already taken away the said goods from the warehouse. Accordingly to the decision taken by the bank, the area Chief of the M.K. Road Branch, Jessore of the said Janata Bank ..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
.... instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 passed by the High Court Division in Criminal Miscellaneous Case No.93 ......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..Category: Criminal Law | Date: | Hits: 165
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1871 of 2008. (From the judgment and order dated 18.08.2008 passed by the High Court Division in Civil Order No.3389 of 2008). Judgment M......under Section 42 of the Specific Relief Act and that the Courts below failed to consider the land of 'Kha' schedule with 'Gha' schedule land described in the plaint, etc. Mr. Goswami also relies on a decision in the case of Abdur Rahim Vs. Arifur Rahman and others reported in 6 BLT (HCD) 51. 5. W..Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
.... Petitioners. Osman Gani, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1673 of 2006. (From the judgment and order dated 06.11.2006 passed by the High Court Division in Civil Revision No.1490 of 1997.) Judgment ......of the High Court Division and other papers on record. 7. The learned Counsel appearing for the petitioners submits that the High Court Division has erred in discharging the Rule and affirming the decision of the courts below without comprehending the power of the Courts in a Rent Deposit Case. ..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the High Court Division in Civil Revision No.4248 of 1999). Judgment ...... of the case to the lower appellate Court was only to fill up the lacuna. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is ..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos.1-9. Not represented-Respondent No. 10. Civil Petition for Leave to Appeal No. 362 of 2008. (From the judgment and order dated 19.8.2007 passed by the High Court Division in Civil Revision No.614 of 2001). Judgment ......covering an area of .22 acres much more earlier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....r Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos.1-3. None represented-For Respondent Nos.4-10. Civil Appeal No.166 of 2004. (From the judgment and order dated the 3rd April, 2002 passed by the High Court Division in Civil Revision No.830 of 1999). Ju......that the High Court Division without considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Khatun, one ..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....Judgment ARM Amirul Islam Chowdhury J.- This appeal being FA No.771 of 1991 at the instance of the plaintiff‑appellant National Bank Ltd. is directed against the judgment and decree respectively dated 31.3.91 and 2.4.91 passed by Mr. Md. Shahidul Hoque, Subordinate Judge and Artha Rin Adalat No...... the Artha Rin Adalat Act the same cannot be entertained by this Court and memorandum of cross‑objection is liable to be returned to the concerned respondent. In this connection we may refer to the decision reported in 1960 AIR (SC) 1349. 19. Section 7 of the (Artha Rin) Adalat Act provides for..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....s. Ahsanul Karim, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondents No. 1. Civil Petition for Leave to Appeal No. 427 of 2009. (From the Judgment and Order dated 18.05.2008 passed by the High Court Division in Writ Petition No. 9587 of 2007). Judgment ...... three charges of the case were quashed, since committal on the fourth was independent of the evidence of two boys". We fail to understand as to why the High Court Division has considered the above decision which has no manner of application in this case. 7. The exercise of extraordinary jurisd..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....লী উন্নয়ন একাডেমি was originally established in the year 1973, under the circular made by the Rural Development and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th mee...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 3.10.2007 of the High Court Division passed in Death Reference No.23 of 2004 heard analogously......him. 5. We are of the view that the High Court division, on due consideration of the materials on record passed the impugned judgment and order 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 als..Category: Criminal Law | Date: | Hits: 56
Category: Civil Law | Date: | Hits: 77
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....nted-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave to appeal is directed against the judgment and order dated 04.03.2007 passed by the High Court Division in Criminal Revision No.1283 of 2003 discharging ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135...Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....dants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No......er submits that plaintiff did not prove execution of bainaparta, passing of consideration money and other incidentals for Specific Performance of Contract. 25. Learned Advocate relied on number of decisions, on question of burden of proof of documents 4 BLC (AD) 191, 39 DLR (AD) 237, burden of pr..Category: Property Law | Date: | Hits: 100