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Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......ms and conditions of the waqf deed he did not violate any terms of the waqf deed. During his tenure M/s Mohammad Sahid, Raja Mea, Muklesur Rahman and others being inimical to the petitioner, filed an application to the Circle Officer (Rev) Laksham (Comilla) with some false and frivolous allegations ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151........ 102 of 1976 by the same court are collusive, fraudulent, mala fide, null and void and not binding upon the plaintiff-petitioners. During the pendency of the suit, the plaintiff-petitioners filed an application on 28.9.85 under Order 39 Rule 1 read with section 151 of the Code of Civil Procedure pr..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......cution and registration of the kabala on different pretexts and ultimately on 15.3.78 refused to execute and register the same. 3. The opposite party No. 1 Kiran Sankar Nandi in that suit filed an application under Order 1 Rule 10 (2) of the Code of Civil Procedure for being added as an added def..

Category: Procedural Law | Date: | Hits: 70

Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)

....resent application filed by the petitioner. For the reason stated above, the application is al­lowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ...... Shahabuddin Faiz, Advocate—For the Petitioner. Mamtazuddin Ahmed, Advocate—For the Oppo­site Party No. 3. Civil Revision No. 90 of 1988. Judgment AM Mahmudur Rah­man J.- This is an application for adding the legal heirs and representatives of the opposite-party No.1 in Civil Revis..

Category: Procedural Law | Date: | Hits: 81

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....al joint land and separated by a registered Deed of Waqf much be­fore the old Partition Suit No. 2 of 1969, filed Title Suit No. 35 of 1987 on 2.2.87 in the 3rd Court of Subordinate Judge, Dhaka for fresh partition of the original joint estate, seeking to void the old partition decree and making th......শাইতে বলা গেল। তাং- ২৫-৪-৮৭ স্বা- মোঃ শহিদুল্লাহ,এম,এম, 4. Thereafter, the 2nd Party-opposite parties filed an application for vacating the said order dated 25.3.87 on 30.3.87. The 1st Party-petitioners filed a ..

Category: Criminal Law | Date: | Hits: 32

Wahid Halder Vs. Election Commis­sion & others, 1988, 17 CLC (HCD)

....f Joshlong Union Parishad under Upazila Tongibari, Dist. Munshiganj. By this order the earlier order of the Election Commission dated 5.5.88 was set aside and this impugned order was passed declaring fresh poll in respect of that union. 2. The learned Advocate appearing on behalf of the petitione......r. In that view of the matter this Rule is dis­charged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...

Category: Election Law | Date: | Hits: 80

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....nce, is entitled to enter upon his office and to act as the Chairman of the Union Parishad. Whereas an "Acting Chairman" on being so elected under section 16 of the Union Parishads Ordinance takes no fresh oath under the Union Parishad Ordinance to enter upon this office as Acting Chairman, since ba......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....r a written agreement; that the te­nancy was to continue from 13th March, 1981 to 14th March, 1982. It is in the agreement that after 14th March, 1982 the lease will automatically termi­nate unless fresh agreement is made before that date with the agreement of both the parties. As to the mode of p......i, Advocate—For the Petitioner. Sharifuddin Chakladar, Advocate—For the Opposite Party. Civil Revision No. 756 of 1985. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the judgmen..

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. .......2005 of the sale deed and then instituted the case. 3. The pre-emptee opposite party No.1 contested the case by filing a written objection denying the material allegations made in the preemption application and stated that the case is not maintainable in the present form and manner and the same..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......ion dated 20/02/1975 are illegal, fraudulent, collusive, forged, without consideration, void and not binding upon the plaintiff of the suit. 2. Facts relevant for the purpose of dis­posal of this application are that sched­ule 'B' land to the plaint belonged to Ramjan Ali Sowdagar, who gifted t..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......peal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by the High Court Division in First Appeal No. 238 of 2005.) Judgment Shah Abu Nayeem Mominur Rahman J. - Instant application filed under Article 103 of the Constitution seeking leave to appeal against the common j..

Category: Property Law | Date: | Hits: 31

Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)

.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......half of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, mala fide and of no legal value. In the suit the plaintiffs filed an application for temporary injunction and the learned Assistant Judge by an order dated 05.01.2011, i..

Category: Civil Law | Date: | Hits: 91

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......lse and frivolous allegations for making illegal gains. 4. Soon after filing of the aforesaid written statement by contesting defendant No.1 totally denying the transaction, the plaintiff filed an application before the learned Subordinate Judge praying for examining and comparing the admitted si..

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......ined by them from the Appellate Division. 3. Here it may be mentioned that the contemner respondents after they came to know about the order dated 16th of July, 2001 passed by this Court, filed an application for vacating the injunction order dated 16th of July, 2001 but the application was rejec..

Category: Civil Law | Date: | Hits: 70

State Vs. Masum and others, 2010, 39 CLC (AD)

....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ...... (From the judgment and order dated the 7th day of October, 2009 passed by the High Court Division in Criminal Appeal No.3931 of 2006). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..

Category: Criminal Law | Date: | Hits: 47

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ution of mar­riage. The plaintiff according to Muslim Sharia law on 20.10.1983 got married with the defendant and now they are living in their house as husband and wife. 4. The defendant filed an application under section 16A of the Family Court Ordinance, 1985 in the Court of the learned Assist..

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......petitioners filed written statement denying the material allegations in the plaint and claimed the proper valuation to be fifteen lacs and fifty thousand. 5. On 15.03.1993 the petitioners filed an application under Section 8C of the Court Fees Act for ascertaining the proper valua­tion of the su..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......f 2008. (From the judgment and order dated 20.04.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.18 of 2008.) Judgment Shah Abu Nayeem Mominur Rahman J. - This application under Article 105 of the Constitution is for Review of the judgment and order passed in ..

Category: Property Law | Date: | Hits: 27

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......gineers. By a letter dated 25.03.2008 he prayed for permission for Gas connection in the CNG Filling Station which was received by the office of the Respondent No.5 on 25.03.2008, on receipt of such application the respondents investigated and inquired into the authenticity, means and status and wo..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.... Bar, the then Prime Minister was ultimately convinced that such consultation was necessary. Consequently, the relevant notification appointing nine Additional Judges was cancelled and rescinded; and fresh appointment of Judges after consultation with the Chief Justice was notified in the gazette. T...... to be heard and disposed of by a Special Bench consisting of Mr. Hamidul Hoque J, Mr. Syed Amirul Islam J and Mr. MM Ruhul Amin J as his Lordship then was. 4. In Writ Petition No. 2975 of 2003 an application was moved for a direction upon the Secretary. Ministry of Law and Justice and the Regist..

Category: Constitutional Law | Date: | Hits: 252