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Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
.... pre-emptee purchaser) and rest 12 decimals of land have been possessing by the other heirs of late Afsaruddin; that after the death of their father Afsaruddin Bhuiyan the pre-emptor with a view to illegal gain filed the pre-emption case. 4. At the trial the pre-emptor examined 3(three) witnesses......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....onable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are that the Ministry of Establish......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....elling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in short, is that the petitioner p...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....the High Court Division that the Chief Justice should consult with a collegium of Judges, there is also no bar for the Chief Justice to discuss with his colleagues who are best persons to adjudge the legal acumen of the persons for appointment as Judges and in fact the Chief Justice discusses with h......16. The issue arose when 29 sitting permanent Judges of the High Court Division filed leave to appeal being aggrieved by the findings of the High Court Division made against their respective personal status and positions as the learned Judges of the High Court Division, in their absence without any ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....ntiffs have proved their exclusive possession in specific and separate share of the suit land well demarcated by boundaries so as to be entitled him to retain its possession against co-sharers till legal partition is made by way of a decree for permanent injunction. The Court of Appeal below noti......he 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: ..Category: Property Law | Date: | Hits: 29
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....ge as well as interference in the management affairs of the petitioner’s company. 3. The High Court Division made the Rule absolute directing the Respondent Nos.1 and 2 to evict the illegal occupiers of 10.17 acres of land under subject matter of the writ petitioner’s company......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....lated the opinion sought by the President in the instant reference cannot be said to have been sought on a question of law as contemplated under Article 106 of the Constitution but he merely sought a legal opinion and as such the questions asked deserve no answer by this court. Mr. Huq nonetheless s......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....st others, that the tenants were not proved as defaulters and that there is no bonafide requirement of the premises by the landlord inasmuch as the suit was filed after three years of issuance of the legal notices and that some of the defendant tenants have been depositing rent in the Court and that...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....t was contended on behalf of the RAJUK that since the writ-petitions being the persons said to have acquired interest subsequent to requisition they as such are not competent to question legality of the proceeding of the requisition since their vendors or they have received compen......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....that the stand of the defendant No.1, that it delivered the perishable consignment to the consignee on securing an indemnity from the Philadelphia Bank international does not appear to give him any legal cover to do so. It would be evident from the reading of the contract that the consignmen......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......nd wife of his son, Iqbal Yousuf Shovan, marriage was solemnized on 19.11.1999, led the life of questionable limit but the informant did not make any allegation to any one on considering the family status of the informant. In March, 2005, a son was born in the wedlock of the sons of the informan..Category: Criminal Law | Date: | Hits: 57
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....d to S.A. recorded tenant Noor Mohammad and Faizuddin Mondal. Faizuddin Mondal died leaving behind widow Sakhimon and pre-emptor one daughter and defendant Nos. 2 and 3 and the two sons as his legal heirs. They remained in possession into the suit land in ejmali along with their other co-sh......rrived 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: VI ADC (2009) 597. ..Category: Property Law | Date: | Hits: 26
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
.... Mulla-Ghosona Bibidha 72001/1221 dated 09.06.2002 (Annexure-C), in so far as it relates to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to change the name and business p......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......session of the suit land long before filing the suit as such this petition for injunction is not maintainable, etc. 4. The trial Court upon hearing the parties directed them for maintainable status quo by it's order dated 21.01.1997. On 19.02.1997 the plaintiff filed another application fo..Category: Property Law | Date: | Hits: 22
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....and comfort of the foreign guests in each room. The respondent No.4 created undue pressure upon the petitioners to pay rent at an enhanced rate and as such the petitioners were compelled to serve a legal notice upon the respondent No.4. The respondent No.4 on 03.05.1007 managed a letter to be is......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: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....interest of the minority shareholders of the company and other respondents were directed to transfer the disputed share in terms of Article 5 of the shareholders agreement. 17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is ......Chairman of the respondent No.3 Company. 6. The petitioner is not one of the promoters of the respondent No.3 company, however, in order to strengthen the capacity of the financial status of the company the respondent Nos. and 2 being the promoter directors invited the petitioner..Category: Business or Commercial Law | Date: | Hits: 193
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....e house without any objection from the Government or anybody else and she had also been paying rent and municipal taxes etc but without serving any notice upon the petitioner, the above house was illegally enlisted in Ka List. The Government did not file any written objection before the Court of ......ere 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: VI ADC (2009) 551. ..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....4 of 1997 on the basis of the aforesaid decree in Title Suit No. 64 of 1972 were also obtained by practising fraud and forgery on the Court and are therefore inoperative, null and void and have no legal force and as such not binding upon the plaintiff and for a further declaration that the sched......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
...., under Section 4 (2) of the Administrative Tribunal Act, 1980, which, on contest, was allowed declaring that the orders of dismissal as well as rejection of the appeal for reinstatement are illegal, void, without jurisdiction and of no legal effect and further direction was given for ......k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ..Category: Administrative Law | Date: | Hits: 166
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....scellaneous Appeal No.45 of 1994 that the trial Court passed the award on the basis of the assessment of value of the building and other structures as made by a private engineering firm which was not legal because of the provisions of law as in Rule 8(3) of the Acquisition of Immovable property Rule......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
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