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Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......nt brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interfere with the ord......sion of the High Court Division. The petition is dismissed. Ed. ....... Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar and others... ..................Respondents Judgment ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....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. ......ed by the learned Assistant Judge, Dagonbhuiyan, Feni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1986 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of t......05) 356. ...... ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......bsp; Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th November 2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077...... Counsel for the petitioner. The petitions are dismissed. Ed. ...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Chairman, Sherpur Paurashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents Judgment ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... 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. ......d Nawab Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not represented‑for Respondent Nos. 2. Civil Petition for Leave to Appeal Nos. 1262 & 1263 of 2004. (From the judgment and order dated 26th April 2004 passed by the High Court Division in Civil Revision No.305 of 2003 with ...... This Case is also Reported in: 26 BLD (AD) 2006, 105. ......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)
....t was decreed by judgment and decree dated 15‑8‑1998 (Annexure-E). During Pendency of the suit, the then Martial Law Government issued Martial Law Order (MLO) No.128 dated 13‑5‑1986 which was published in the official Gazette on 20-5-1986 cancelling all previous letters, orders as if they ha......es 27, 31, 40 and 42 of the Constitution and why the respondents, should not be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is......itioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BL......d and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ...... Sheikh Abdul Awal J.- This appeal is directed at the instance of the accused‑appellant Monohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......to be tried. 7. At the trial prosecution examined as many as 12 (twelve) witnesses including the investigating officer and exhibited a series of documents to prove its case but defence examined none. 8. Defence case, as it transpires from the trend of cross‑examination of the P.Ws., is t..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......hy;- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. ......ingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......bdul Quayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated July 7, 1997 passed by the High Court Division in Civil Revision No. 502 of 1988). Ju......ly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......corded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son Abdul Barek possessed the said land and he transferred the same to one Chand Miah who sold to one Syeda Banu and she transferred the land in suit to Moniruddin and f..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... 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. ......arisal in Title Appeal No.30 of 1985 reversing those dated 22‑1‑85 and 29‑1‑85 passed by the Munsif Bakergonj in Title Suit No.100 of 1984 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-opposite part......at them Mere omission to 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 preven......d Chowdhury J Arshed Ali Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………&..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......hat Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit." 9. In the said decision our Appellate......sh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Hossain, 35 DLR 277; The Gov...... ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......Khaled J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.2...... of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......tate. Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Cas......at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......rt Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Ju..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......ion judgment to the extent that plaintiffs shall pay an amount of Taka 2, 00,000, to the defendant No. 2 besides the earnest money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no orde...... Division is maintained. There is no order as to cost. Ed. ......eement with the plaintiffs on January 22, 1981 to sell the said property for a total consideration of taka 1,00,000. In terms of the contract each of the purchasers has paid Taka 5,000 as earnest money and the defendant No 1 upon receiving the said earnest money executed bainapatra with the stip..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....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. ......mmended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Lt......anted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgm..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... dated 19‑8‑1999 and 25‑8‑1999 respectively passed by the learned Assistant Judge, First Court, Gazipur, in Title Suit No.346 of 1998 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiff fi...... ......ported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......or the Appellants. AY Ahmed Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 29 of 2000. (From the judgment and order dated 12th February 1995 passed by the High Court Division in Civil Revision No. 1400 of 1993...... (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved: Abul Kalam Mainuddin Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellants. ......1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act...Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....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. ......nt Attorney-General‑ For the Respondents. Writ Petition No.4747 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 3‑8‑04 cancelling the licence being Rifle license No.373/92 and Revolver licence No.......thority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment ..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)
....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. ......salt do not contain proportionate quantity of iodine as required by the law and hence, they are liable to be prosecuted in accordance with law. 13. Accordingly, the Rule is made absolute without any order as to costs. The respondent Nos. 1-5 are directed to perform their respective functions ensuri......s 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. ......e Court High Court Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Muminur Rahman J Moyeenul Islam Chowdhury J Bangladesh Legal Aid and Services Trust and another.......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare, Governm..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)
.... 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and finally published. On the death of Saku Sarder his interest devolved upon his, son and daughters and the int......rt 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. ......s and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......a 1340 BS and Hossain Sarder executed another loan document on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and execute..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... 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. ......to why the proceeding of the Special Case No.2 of 1994 under sections 409/420 of the Penal Code, pending before the Court of Senior Special Judge, Cox's Bazar, should not be quashed or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposa......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. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
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