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Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......een strengthened by giving finality to the order of the Sessions Judge made under sub-section (1) of section 439A. This will appear from the provisions of sub-section (2) of section 439A. The precise terms of sub-section (2) are that the order passed by the Sessions Judge an application for revision...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chowdhury and others…..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......ppel against the statute. 14. The learned Judges do not appear to have considered specifically the principle of feeding the estoppel as contained in section 43 of the Transfer of Property Act, the terms of which are fully applicable to the facts of the instant case. For the proper appreciation ......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......le underlying it. 23. The provisions of this new section 87 are obviously prospective and became operative only from the date of the enactment of the Order i.e. 28th June, 1972. According to the terms of the said provisions they are applicable only to those lands which accreted to the land of a......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......ge, Parshuram, Feni observed that the plaintiff of Title Suit No.8 of 2004 Dr. Md. Jahangir Alam has been able to prove the case that the deed of gift was duly executed and registered in pursuance of terms and conditions of Salish held in Feni Bar Association Building in presence of the plaintiff Dr......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......ice officer. 56. A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that crime. A confession must either admit in terms the offence, or at any rate substantially, all the facts which constitute the offence. In orde......Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......s paid Taka 18.50,000 through cheque, as earnest money in presence of witnesses. Consequently, a written agreement in respect of the suit property in favour of the predecessor of plaintiff on certain terms and conditions was executed in bainapatra dated 19-3-1990 and thereafter, defendant No.1 deliv......se is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......he petitioner that it has not been determined in accordance with the provision of law i.e. Article 9 of the President's Order 16 of 1972. Article 9 of President's Order 16 of 1972 is in the following terms:
"9. When any property is vested in the Government under this Order, only such liabilities ......rted in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....llows: District Judge. "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include (the High Court Division) in the exercise of the ordinary or extraordinary original civil jurisdiction. 10. Both the learned Advocates have submitted that the......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub‑section(1)." 12. From a plain reading of the above provision the extraordinary power to further investigate conferred by the Code upon police officer in a case lies ......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......secution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previo..Category: Criminal Law | Date: | Hits: 64
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......l Board of Revenue, respondent No.2 directed the Commissioners of different Customs Houses to deduct VAT at the rate of 15% from the PSI companies in accordance with the formula set out by the NBR in terms of the said letter. In the light of the said letter respondents have been deducting VAT from t......also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......y to the Court to stay the proceedings and the Court may after hearing the other parties to the agreement stay further proceedings of the suit so that the dispute can be referred to the arbitrator in terms of the arbitration agreement. Section 34 is quoted below: "S. 34. Where any party to an arb......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......decision was affirmed by the learned Single Judge of the High Court Division. The relevant portion of the patta which is identical in all the 4 pattas marked Exhibit D series runs in the following terms:- “লিখিতং শ্রীকেরা মতুল্লা মন্ডল, ......... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......d that they were guilty and the conviction and sentence were to be upheld. Mr. Malek, submits that the provisions under Sections 378 and 429 of the Code of Criminal Procedure are quite clear in their terms, i.e. that the whole case is to be placed before the third Judge and that may result in the ac...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ..Category: Criminal Law | Date: | Hits: 94
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ity took back 31 decimals of land and leased the same to other persons leaving the petitioners in possession of .60 acre of agricultural land. According to the petitioners, there was no breach of the terms of the license nor was there any allegation that the nature and character of the land was chan......Civil)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Samerendra Samajpati and others…………………………………………………………Petitioners
Vs.
Go..
Category: Property Law | Date: | Hits: 69
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......e petitioner was terminated on 4-2-2007 purportedly in exercise of powers vested in it under regulation 52 (1) of Regulations, 1979; hence he filed the writ petition. Rule was issued in the following terms- "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Regula......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud..Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......oject, under the Ministry of Women and Children Affairs, People's Republic of Bangladesh to the petitioner and to pay him all arrears and salary since 1st July, 1999. The Rule was issued in the above terms. 3. The case of the petitioner as stated in the writ petition, inter alia, is that he was a......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......ition for leave to appeal is directed against the judgment and order dated the 7th day of January, 2010 passed by the High Court Division in Writ Petition No.3354 of 2009 disposing of the same in the terms as mentioned in the body of the judgment. 3. Respondent No.1 as petitioner filed the above ...... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………..Category: Employment/Service Law | Date: | Hits: 127
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......tioned by demolishing the existing structures, in which event, the petrol pump business will be ruined and that in order to avoid such eventuality, he stated, he is ready to give him due share in terms of money. 5. In his additional written statement the appellant has totally ignored the ejma......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......out above, there are several other decisions of the Dacca High Court and that of High Court Division on the question of default. The view consistently taken therein is that if default had occurred in terms of the Ordinance, subsequent tender of rent will not cure the default, and the tenant's prot......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dismissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......re employed by the Paurashava as Octroi Muharis and leasing out of the Octroi posts pose a threat to their jobs as either they may be transferred to work under the private lessees in which case their terms of employment would be altered, or alternatively they may be declared surplus and may be ret......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19..Category: Fiscal/Taxation Law | Date: | Hits: 112
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