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Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
.... The appellant is physically fit and mentally alert to perform the functions of the Bohmong Chief’s office. According to the customs as to succession of Chiefship of Bohmong Circle the appellant is legally entitled to succeed to the dignity of Bohmong Chiefship, but the Special Affairs Division of......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....iffs who are the respondents before us filed Title Suit No.743 of 1976 in the First Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postulation made in this petition. 2. The plaintiff lost the case at the trial Court. His......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case No. 6 of 1984 in respect of the said property is illegal, void and not binding upon them. 2. Their case, in short, is that their mother Parbati Bal......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
.... Intervention of the Deputy Commissioner in reinstating the incumbent through magistrate may have been outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not incl......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
.... to the lower appellate Court nor reappraisal of the evidence on record. Mr. Ahmed further submits that in the facts and circumstances of the case the learned Judge of the High Court Division acted illegally in reassessing the evidence himself in exercise of his revisional authority. 6. Ordinar......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....en were born in England and are citizens of the United kingdom. A few days after the marriage she was informed by respondent No. 1 that he was not in fact a British resident and had entered Britain illegally and she was instructed by him to apply to the Immigration Authority for leave (for him) to r......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....o consult a Commission before effecting promotions to the posts of Joint Secretary and Deputy Secretary the impugned orders of promotion by Notifications dated 20-2-92 and 8-2-92 have been rendered illegal and ultra vires Article 104(2) of the Constitution. 12. All the three learned Judges of th......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....rite in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those deeds and documents against her interest causing her immense loss an......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....operty Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land fr......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....laintiffs are in exclusive possession of a specific and separate share of the suit plot well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in sett......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....y under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the said respondent was appoint......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....rovisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and a......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....d. The petitioners then instituted Title Suit No. 42 of 1999 in the 5th Court of the Subordinate Judge, Dhaka praying for declaration that the decree passed in earlier Title Suit No. 177 of 1994 is illegal and invalid and is not applicable respect of ‘Ga’ schedule land of the present suit. Their......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....of When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....ected in the list of 1998 and deserved similar treatment. 12. Mr. A. F. Hassan Ariff, the learned Attorney General appearing for the respondents submitted that the respondent had no legal duty towards the appellants to empanel him and to promote him according to any such panel......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... defendants as plaintiffs instituted the O.C. Suit No. 29 of 1972 against said Yunus Talukder and the Respondent No. 2 as defendants for declaration that the said decree of the S.C.C. suit was illegal, void etc. and permanent injunction for restraining the defendant decree-holders from exe...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... Charan Dey. After the death of Abhoy Charan Dey his son Ananda inherited the same. But Ananda being the minor boy possessed the same through his maternal uncle one Jogesh Chandra Dey. Thereafter for legal necessity and maintenance of minor Ananda his uncle transferred the land to the predecessor of......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....it No. 48 of 1990 in the 2nd Court of Subordinate Judge (now Joint District Judge), (subsequently renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....e prosecution witnesses for some artificial reasons not warranted by law. 6. He further submits that the 'Halafnama' and Angikarnama Exts. 9 and 10 having been admitted in evidence legally, the High Court Division erred in law in discarding the said documentary evidence on th......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 92
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....e accused appellants assemble by the side of a village path way in odd hours of the day". 9. In the aforesaid premises, the learned Advocate-on-Record could not point out any illegality or legal infirmity in the impugned judgment of the High Court Division for our interference......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
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