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Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t at the time of remanding the Title Suit No.91 of 1977 back for re‑trial on specific direction to find out right, title and possession of the parties in the suit land together with finding out the legal position of the Bainapatra on the face of the registered sale deed. 13. The learned Advoc......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....t make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ah...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....tion of Dhaka Tongi Diversion Road. By the MLO all the previous letters, orders and instruments were cancelled and re-vested the properties described in the schedule of the MLO to the Government. The legal heirs of Mrs. Rozario in compliance with the decree executed a deed of sale dated 30-9-1989 in......f 2603 in the 2nd Court of the Assistant Judge, Dhaka for permanent injunction. On an application filed by the petitioner, the trial Court passed an ad-interim order directing the parties to maintain status quo which was made absolute on 21‑6‑2003. On an appeal by the respondents, the order of s..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....de of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case by the courts of fact High Cour......was in error in not accepting the case of the plaintiffs that they were dispossessed during the pendency of the suit and thereupon the plaintiffs filed an application for violation of the order of status quo and a Miscellaneous Case was registered and the same was allowed and thereupon structur..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicaliti...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....urt long before and dispute was pending in appeal the order of the Magistrate was malafide and it amounts to abuse of the process of the Court and, as such, the learned Sessions Judge has decided the legal question in right direction which does not call for interference. 6. In view of the afore......y, submits that on the application of 2nd party plaintiffs for temporary injunction in title Suit No.30 of 1994 the learned Joint District Judge passed an order directing both the parties to maintain status quo in respect of possession vide order No.29 dated 1‑12‑1992 and, on the basis of such o..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....ciates Ltd., who opined the proposal of World Tel Holding as acceptable and without calling for further international tender, the agreement was signed with World Tel Holding. These facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lac......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....the rule. 5. The learned Advocate appearing for the writ petitioner, taking us through the writ petition and the Annexures thereto, submitted that the petitioner No. 1 is a non-profit NGO, providing legal assistance in protecting the legal rights of the people, and being concerned with the sale of ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....n-recovered loan was raised to Taka 63, 27,968.72 after calculation of interest. It is alleged that accused petitioner has sanctioned those unauthorised loans for personal gain as well as extending illegal facilities to others and thereby caused huge financial loss to the Bank. The accused petitione...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....02 filed an application under Rule 10(2) of Order I of the Code of Civil Procedure praying for adding him as party in the suit stating, inter alia, that his father acquired the land by putta from its legal owner and he gifted the property by registered deeds of gift dated 05.02.1960 and 25.11.1986 t......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
...., acquisitioned by publishing gazette notification on 31‑8‑1960. It has further been contended that the land in question having been acquisitioned finally the petitioners do not have any title or legal possession therein nor they have get any structure or homestead thereon. The respondent No.1 c...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....anuary 18, 1995 while the respondent No.5 joined in Grade-I on December 26, 1994, that had the writ-petitioner been aggrieved because of his appointment in Grade-II he ought to have challenged the legality of the amended Rule immediately after he noticed his appointment in Grade-II and having ha......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....e deed she received letter of cancellation of the allotment under memo of the Government dated 02.01.1993. She then moved the High Court Division under Article 102 of the Constitution challenging the legality of the said letter. The petitioner as writ respondent No. 1 contested the rule filing affid......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
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Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
.... requirement of publication of notification in gazette as well as in a national daily but in the instant case no such notification was published in any national daily and, as such, the trial became illegal and without jurisdiction. The other grievance raised by the learned Advocate is that admittedl......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....assed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant land comprising 140 square yards ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....vember 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedings against other party in respect of any matter agreed to be referred to arbitration,...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
.... Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to give sanction to the case and......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
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Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....o pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under sections 302/149 of the Penal Code when the prosecution ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
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