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Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....mmission Act, 2004. 4. Mr. Md. Khurshid Alam Khan learned Advocate, appearing for the petitioner submitted that the High Court Division without calling for L.C. records from the Court below most illegally passed the impugned judgment and order declaring the proceeding as well as the conviction as...... 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: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....Mithapukur, Rangpur, for a preliminary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to be illegal and not binding upon the plaintiff contending, inter alia, the suit land under partition bel......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....he impugned Kabala was executed on 14 October 1983. After two days of the execution of the sale deed Abdul Barek fell seriously ill and died. Subsequently the Kabala was registered by the heirs and legal representatives of Abdul Barek on 12 February, 1984 under the provisions of the Registr...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....itten objection on behalf of defendant No. 1 the prayer of the plaintiffs was opposed stating inter alia, that she is very much alive and has been residing abroad at present and that her son as her legally constituted attorney has been conducting the aforesaid Misc. Case. 3. Hearing b......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....intiffs acquired no title to the suit property". The High court Division also held that the appellate Court totally ignored the findings of the trial court and that failed to consider the factual and legal aspect of the case as discussed by the said Division, in affirming the judgment and decree pas......land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked the learned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Additional Attorney General on 9.11.2003 requested the Secre..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....ender notice dated 22.2.97 issued under the signature of the Deputy Commissioner, Netrakona in respect of Khaliajuri Group of Fisheries, mentioned in item Nos. 42 to 55 of the said notice is illegal, void etc. 3. His case in short is that, there are 16 beels in the said group fisherie......opinion as to the order appealed against, regarding granting of temporary injunction by the trial Court. They made a wrong observation that the trial court had directed the parties to maintain status quo in respect of the suit fisheries. 5. Leave was granted to consider whether the le..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....the respondent was dismissed from the service with effect from 4.4.91. 5. Respondent then filed the above-numbered title suit for declaring the order of his dismissal from service as illegal and for other consequential reliefs. The trial court decreed the suit and the decree was affi......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....on in F.A. No. 279 of 1993 decreeing the plaintiff-respondent's Title Suit No. 408 of 1990 declaring that the order of removal of the respondent from service of the TCB by order dated 26-1-83 is illegal, void and without jurisdiction, that the respondent is still in service of the appellant and ......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....represented by the Shebayet Sree Bhobesh Chandra Das and several others as defendants for declaration that the decree passed in O.C.Suit No. 228 of 1960 (in respect of the suit property) is illegal, void fraudulent and not binding upon them. On the death of the Shebayet his heirs viz Sree ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....t of the charge against her under section203/109 of the Penal Code. 3. Leave was obtained on the ground that the High Court Division heard the matter and passed the direction as aforesaid illegally behind the back of the appellant Hazera Khatun. We have heard the learned advocate for the ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..Category: Criminal Law | Date: | Hits: 42
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ition and the court directed the appellants to pay compensation of Tk. 2,000/- to the plaintiffs. In the Civil revision the plaintiff only challenged the order passed in the Misc. appeal. The legal position is that the order passed in the review remained unchallenged. If only the order pass......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..Category: Civil Law | Date: | Hits: 72
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....her monthly tenant, the defendant respondent, from the suit premises stating, inter alia, that the defendant is a habitual defaulter and he had caused serious damages to the suit premises by making illegal changes in the structures without her consent, that the suit premises is required for her pe......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....er was not absent and before that date he was absent only for ten days. So, he has given emphasis on this point and has argued that the High Court Division and also the Labour Court committed an illegality in not taking into consideration the above legal position. 4. Mr. Abdur Razza......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....e was processed naturally leads one to believe that there was unfairness and collusion in the entire deal. Also the notice of the assessment on the appellant in Form ‘J’ was without any legal authority and obviously, it was collusively procured. This notice cannot be considered a not...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....mittee to scrutinize and examine the applications received in response to the advertisement, should not be declared to have been made and constituted without lawful authority and is of no legal effect and further why the respondents should not be directed to do the needful for imp...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....to remove all obstacles therefrom within 90 days from the judgment. 2. Respondent Nos. 1-7 as writ petitioners moved the High Court Division in Writ Petition No. 588 of 2001 challenging the legality of the order contained in Memo No. AP-34/67/6907/1(4) dated 1.12.1997 issued by the respon......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
.... recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissible and no consideration money was paid. The High Court Division acted illegally in reversing the judgment and decree of the court of appeal below without considering ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
.... of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. 1 moved the High Court Division in writ jurisdiction questioning legality of the judgment and order of the Court of Settlement. The High Court Division on a finding ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... this case was wholly justified. The High Court Division completely ignored the principles as have been referred to above and without any application of mind to the facts of the case even, quite illegally interfered with the order of the learned Subordinate Judge. 24. The other con...... land and were trying to dispossess him there from. 4. On an application by the plaintiff for temporary injunction filed on 15.9.1985, the learned Subordinate Judge passed an order of status quo with notice to the defendants to show cause. The order of status quo was, however, vaca..Category: Property Law | Date: | Hits: 56
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