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Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely Military Estate Officer, Dhaka Cantonment for removing the structures from the suit land is illegal, void and not binding upon them. At the first instance the suit on contest was dismissed......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....the complainant. The cheque was dishonoured on 29.3.1997 6.4.1997 and 16.4.1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a legal notice on 23.5.1997 asking the accused respondent to pay back the entire amount. The accused ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
..... 5. Adbur Razaque Khan, the learned additional Attorney General, appearing for the respondents has referred to section 26 of the Arms Act and conceded that the arms were seized illegally. Section 26 of the Arms Act, 1878 is to the effect:- "The (Governm......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....property is not a play ground or an open field or a water reservior/river and also for declaring memo dated 06.04.1999 issued by the defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asse......ated 4th April, 1994." "But since this petition is also by way of public interest litigation and accordingly, this Division gave directions to RAJUK to clarify the status of the land proposed to be acquired and for preparing a layout plan depicting the proposed ..Category: Property Law | Date: | Hits: 40
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....d as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with a malafide intention illegal...... 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) 246. ..Category: Property Law | Date: | Hits: 22
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....he plaintiffs were admittedly dispossessed by the defendants during the pendency of the suit and no prayer for recovery of possession was made by the plaintiffs. The impugned judgment thus suffers legal infirmity and is liable to be set aside. The appeal is therefore allowed without ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
.... in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is ......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
....of each of the writ petitioners in the promoted post is in accordance with the Service Rules of the Companies. The impugned orders of promotion did not suffer any irregularities or illegalities. The further contention is that the writ petitions are not maintainable inasmuch as the ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....ppellate Division (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers I...... on record arrived 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) 212. ..Category: Property Law | Date: | Hits: 26
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
.... 2004 for the said land against the respondent No.1-4 and as such, they can not initiate the proceedings of S.C.C. Execution Case No.1 of 2004 and accordingly, the impugned judgment and order is illegal; that the petitioner and respondent Nos. 1-4 claim the suit plot along with other lands and a...... Case No.33 of 2005; that learned Joint District Judge, 3rd Court, Chittagong vide his order dated 11.07.2005 allowed the application for stay on the finding that as the applicant got the order of status quo, she is entitled to have an order of stay; that the order dated 11.07.2005 passed in Mis..Category: Civil Law | Date: | Hits: 94
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....rd Court, Khulna in Title Suit No.244 of 1966 and the order dated 23.12.1970 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settleme...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....e property free from any encumbrances". It was prayed- "that the agreement of sale dated the 6th May, 1949, and the registration of sale dated the 5th August, 1958 may also be held as illegal and inoperative". It was further prayed that if any transfer or possession has been ent......e decision of Ata Ullah Malik was considered and it was observed as under:— "The learned Judges thought that this precedent covered the case before them, but it is to be pointed out that the status of Ata Ullah Malik in respect of the evacuee property there in question was that of a mere al..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....Court Division in writ Petition No. 10238 of 2006 making the rule absolute and thereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2002 dated 11.10.2006 as of no legal effect being unconstitutional. 2. The respondent Nos.1-6 filed the aforesaid writ peti......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....redit i.e. on 30.3.1988 as per the SRO dated 18.6.1987 and the assessment and realization of duty by the customs pursuant to subsequent S.R.O. dated 16.8.1988 imposing tariff value was illegal and the realization of the excess amount on the basis of the SRO dated 16.8.1988 subsequent t......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... accordance with law and accordingly discharged the Rule. The decision reported in 28 DLR 333 was overruled by a celebrated decision reported in 3 BLC (AD) 135 and 4 MLR (AD) 19; that there is legal infirmity in the impugned judgment of the High Court Division as because the scope of appeal...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....s got such plots. But the petitioner wants more. He wants that the land beyond the 40’ wide road up to the lake is to be left open for his enjoyment of light and air. This is unjust, too much and illegal in a land hungry country. This writ petition is vexation and arrogant." 5. Upon hearing t...... constructed inside the lake in order to protect the lake and environment in the area for ecological balance. 6. Accordingly RAJUK filed an additional paper book with statements clarifying the status of the lands around the Gulshan lake and the proposed land to be acquired. The respondent RAJ..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....lly the basic structure of our constitution embedded in the principle of Rule of Law. 3. In the matter of selection of the Judges the opinion of the Chief Justice should be dominant in the area of legal acumen and suitability for the appointment and in the area of antecedents the opinion of the......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....ation, direction or finding made in the said judgment regarding payment of port dues accrued on account of the vessel owned by the subsequent auction purchaser petitioner shall have any legal force or bearing and accordingly the Admiralty Court as well on an applicat......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....so took possession of the shop from the possession of the respondent-opposite party No. 1 after preparing a seizure list of the goods found in the shop. On 19-09-2007 the Book society served a legal notice on the respondent-opposite party No.1 giving opportunity to surrender the tenancy wit......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
.... Petition No.986 of 2000 making the Rule absolute and declaring that the order passed in Misc. Case No.2103 of 1995 treating the case property as an abandoned property is illegal and is of no legal effect. 2. The respondents are the Writ Petitioners, they claimed that the property in......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..Category: Property Law | Date: | Hits: 49
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