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Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ...... disadvantage, the new category ‘F’ was, therefore, held not applicable for them. The Appellate Division dismissed all the civil petitions on the ground of natural justice as well as their vested rights. 13.In the present case no document has been annexed to prove the petitioners’ injury a..

Category: Civil Law | Date: | Hits: 104

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ion against the respondents No.3 and 4. f) In the above circumstances, it is submitted that the instant application is liable to be summarily rejected with exemplary cost, without prejudice to the rights of the respon­dents to institute proceeding against the peti­tioner for realization of dama..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

.... Tenancy Act, 1950, which stipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the law of contract is applicable to such a documentâ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......No.1 went to the Tahashil Office for payment government rents wherefrom he came to know that the plaintiffs by practicing fraud obtained a sale decree and tried to mutate their names in the record of rights for which the defendants instituted Title Suit No.367 of 2001 in the Court of Joint District ..

Category: Procedural Law | Date: | Hits: 99

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ...... allegations………………………….(18) The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is now regarded as rights and the government cannot enter into any agreement in respect of its largesse arbitrarily or ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......d are to be regarded as one legal proceeding. The right of appeal is not a mere matter of procedure but is a substantive right. The institution of the suit carries with the implication that all rights of appeal then in force are preserved to the parties thereto till the rest of the career of t..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......s owner. Plaintiff's such possession is actually, openly, notoriously, continuously for above than 12 years and thereby got actual and exclusive possession over the suit land. By such invasion of the rights of the true owners, gave them a cause of action for recovery of khas possession at once. Plai..

Category: Property Law | Date: | Hits: 83

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......thers Vs. Ghulam Ali and others, 1991 SCMR 1656 it has been held: "It was conducive for administration of justice having interest in the property should be before the Court and heard the defendant rights." 13. In Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others (1994) 14 BLD (AD..

Category: Property Law | Date: | Hits: 82

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......hostile title and adverse possession therein as in the present case. It is the claim of the plaintiff that Sajimuddin being not a very intelligent person deputed Elimuddin for recording the record of rights of the disputed jote and as the settlement officers made their camp in the house of Elimuddin..

Category: Procedural Law | Date: | Hits: 115

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......bunal to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub..

Category: Administrative Law | Date: | Hits: 494

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......LR (AD) 201. 10. The learned Advocate for the petitioner next submits that the petitioners land forms part of the Ain Uddin Haider and Faizunnessa Waqf Estate and it was published in the record of rights on 27-7- 2005. He submits that the Khatian notification dated 31-7-2005 showing Ain Uddin Hai..

Category: Property Law | Date: | Hits: 121

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......al Adviser to the Tower Hamlets Barristers Chamber at 45 Brick Lane London E1 6 PU. He has been working among the Bangladeshis in East London, and has been active in social work and in protecting the rights of citizen of Bangladesh in London and other parts of the United Kingdom. He has all along ha..

Category: Constitutional Law | Date: | Hits: 386

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... Ordinance which will make it clear that this Ordinance is meant only for the persons who profess Islam. He also submits that the Family Court Ordinance has been introduced for the enforcement of the rights of the Muslims only. It is also submitted that the Personal Laws of the Hindus have not been ..

Category: Family Law | Date: | Hits: 209

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ...... Jibon Bima Bhaban, Dhaka is entitled to meet any objection raised by the respondent No.2 and as such the respondent No.2 was liable to act reasonably before taking any action adversely affecting the rights and interest of the writ petitioner. 11. The learned Advocate Mr. Khan final­ly argued th..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... his name Raman Mohan Das Baishnab (Ramani Mohan Das Baishnabi) without mentioning his name of the Shebait of the deities. Knowing this said Ramani Mohan filed application for correction of record of rights and rivisional case no.32 of 56-57 of the office of the A.D.C. (Revenue) Sylhet was started a..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......le 36 of the Constitution, to do otherwise would be to allow the Government to pick and choose people from leaving the country at their will. This would clearly put a clog in the citizens fundamental rights which is not desirable for any one. If the Government wants to stop the Petitioner from leavi..

Category: Constitutional Law | Date: | Hits: 147

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ...... anyone claiming under the Zamindars, be that he is a pattern-holder or subsequent purchaser. The plaintiff and his predecessors-in-interest have althrough been aware of the acquisition and record of rights standing in the name of the Government in its khas khatian. Government while in possession of..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......exemption on 6.8.2000 and withdrawal of exemp­tion through notification being only be prospective, retrospective effect can not be given to a notification withdrawing exemption so as to infringe the rights already accrued to the appellants in view of their opening letter of credits prior to 6.8.200..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ...... i. the lineal male descendents of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person; ii. Such descendents can at any time work out their rights by asking for partition; iii. till partition each member has got ownership extending over ..

Category: Fiscal/Taxation Law | Date: | Hits: 138