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Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....-2-1972 which means that their evidence as to alleged possession of the disputed house till June 1974 was also disbelieved. That being the position the High Court Division was not at all justified in holding that the Court of settlement filed to taken notice of the evidence of the respondents as to ......udgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa Kamal Vs. First Court of Settlement 48 DLR (AD) 61; Government of Bangladesh Vs. Md. Jalil 48 DLR (AD) 10=15 BLD (AD) 175=49 DLR (AD) 26. Lawyers Invo..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ot Nos.19 of 89 and the plaintiff and his co-sharers have no right, title and inter in the land of plot Nos.19 and 89. A large number of defendants claimed separate saham for their shares in the suit holding. 4. Leave was granted to consider the subÂmissions of the learned Counsel for the appelÂ......te-on-Record further submitted that the transfer of Asma on 18-2-1918 to defenÂdant No.3 father of Alep Khan has been found valid by the trial Court but the appellate Court without any cogent ground overturned referred the same. 7. It is the case of the defendant that Asma Bibi sold her interest..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....lated under Order XXXII, rule 15 and render a clear finding that the person concerned by reason of his infirmity, either physical or mental, is incapable of protecting his interests, in the suit. The holding of such an enquiry is thus inescapable and consent cannot vest jurisdiction in court to disl...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....on presentation of a written statement. 8. Plaintiff-petitioner on 26-5-1985 presented an application for Local Investigation under provision of Order 26, rule 9 of the Code of Civil Procedure for holding Local Investigation by a survey knowing Advocate of the Court on the following points: (a...... (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declar..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....hout making a further prayer for declaration of title and confirmation of possession in the suit land. 13. He submits that the learned Single Judge of the High Court Division is in error of law in holding that the judgment and decree passed on 24.05.1998 in Title Suit No.51 of 1997, exhibits 12 a...... 96 decimals which are nal lands and he has been possessing his 48 decimals of land by cultivating through bargader. His brother Suddhir died leaving behind defendant No. 2 who acquired life interest over his portion. On 08.08.1995 he heard from Zainnah and others about the aforementioned claim that..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....it is supported by registered docuÂment which is more than 50 years old, and hence the petitioner had no reason to refuse the summons. He further submitted that the court below committed an error by holding that the summons was duly served merely on the service return which under the law ought to h......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....ce Station alÂleging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and othÂers went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached in front of the house......ut could not and he complained that they have kidnapped for the purpose of murder. On receivÂing that the Police investigated into the matter and seized alamats. After searching Police ultimately recovered the dead body of Belayet Khan and other from under the water hyacinth of Baronal Beel. After ..Category: Criminal Law | Date: | Hits: 30
M.A. Hai and others Vs. Trading Corporation of BanglaÂdesh, 1987, 16 CLC (HCD)
....y notificaÂtion in the official Gazette, are nevertheless enforceÂable under the writ jurisdiction of this Court, if any Rules of 1976 are violated. The Appellate Division has gone to the extent of holding that a writ petition may be founded on the allegation that the petitioner was removed from s......adesh or the order of removal from service itÂself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. The petitioners are not Government servants. They are employees of the Trading Corporation of Bangladesh, a body corporate es..Category: Employment/Service Law | Date: | Hits: 80
....Director General of Bureau of Anti.Corruption is not supposed to hold any investigation himself. So, the prayer should have been to issue a direction upon the respondent No. 3 for taking steps for holding such investigation. In any case, the fact remains that the petitioner prayed for giving a ......
24 October, 2001.
Lawyers Involved:
Abdur Razzaque, Advocate— For the Petitioner.
M Mahamudul Islam, Advocate— For Respondent No.1.
A F Hassan Ariff Attorney General— For the Government.
GN Goswami, AB Majumder, Advocates—For Respondent No. 1(A).
Rafiqul Hoque, Advoca..
Category: Anti-Corruption Laws | Date: | Hits: 178
State Vs. Shahin and others, 2009, 38 CLC (AD)
....n all the leave petitions. 3. We have heard the learned counsels of both the sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25.9.95 and the victim made his dying declaration on 27.9.......5 on an application made by Rabiul Alam, the investigation officer, but the C.D. show that one Abul Bashar conducted investigation from 25.9.95 to 27.9.95 and he, on 27.9.95 at about 19 hours, handed over the case diary to the Detective Branch and Rabiul Alam, the subsequent investigation officer, r..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
.... his cross-examination that although the informant mentioned in the first information report that he could not identify the dacoits but would be able to identify them if shown, he did not arrange for holding any TI parade of the dacoits. The PW 10 also admitted that he did not search the house of an......l Islam alias Green Vs. State, reported in 1 BLC 524. 9. On the other hand, Mr. Abul Hossain Azadi, the learned Assistant Attorney-General appearing on behalf of the State, opposes the appeal controverting the submissions of the learned Advocate for the appellants submitting that the learned Addi..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....ospital. 13. PW 8 is Md. Abdul Motin. He was the SI of Police on 30‑4‑94 and he was serving as such in Sathia Police Station and at about 6‑15 AM on that day he prepared inquest report after holding inquest on the dead body of Rajab Ali identified by PW 1. He proved the inquest report as Ex......eet against the accused persons and others who are placed on trial before the learned Additional Sessions Judge‑1, Pabna who framed charges against them under section 396 of the Penal Code and read over the same to them who pleaded not guilty and claimed to be tried and the learned Additional Sess..Category: Criminal Law | Date: | Hits: 38
....r it to be of temporary nature or necessarily give rise to inference that work is likely to be finished within limited period. Thus, mere appointment on a temporary basis is not the sole criteria for holding the work as temporary one. In the instant case the respondent Howladar has been serving for ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....in transferred to the court of the Assistant Judge, 4th Court, Dhaka and renumbered as Title Suit No. 62 of 1996. The plaintiff-opposite party prayed for appointment of an Advocate Commissioner for holding local investigation for allotment of saham which was allowed and the Advocate Commissioner a......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
....seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In t......
High Court Division
(Special Original Jurisdiction)
Present:
M Reza Chowdhury J
Syed JR Mudassir Hussain J
MA Aziz J
Khondaker Modarresh Elahi……………. Petitioner
Vs
Government of the People’s Republic of Bangladesh……… Respondents
Judgment
October 25, ..
Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
.... All the appeals are directed against the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United comm......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....is Exhibit Kha also shows that permission was granted for permanent lease. In view of such clear provision of law and the evidence on record, the Court of appeal below fell in serious error of law in holding that the lease for a term exceeding 5 years even with sanction of the Administrator cannot b....... 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for per..Category: Property Law | Date: | Hits: 27
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....forfeit the security and no show cause notice was necessary for that purpose. He further contends that although no show cause notice is necessary but the Government issued show cause notice and after holding a proper enquiry the petitioner having been found guilty of violation of the terms of the co......er sought permission of Thana Nirbahi Officer to distribute fertilizer and permission was accorded to distribute the fertilizer in accordance with the rules. On 8-1Â-1997. Assistant Director, Local Government had gone to the godown of the petitioner for inspection but the petitioner was not present..Category: Civil Law | Date: | Hits: 74
....s Annexure-'D'. The petitioner again submitted written reply claiming to be totally innocent in the matter. Copy of the reply dated 12-2-2004 has, been marked as Annexure-'E'. The respondents without holding any enquiry in presence of the petitioner and without affording any opportunity to the petit......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Government of Bangladesh vs. Sharfuddin Molla 54 DLR (AD) 120; Waris Meah vs. State PLD 1957; Registr..
Category: Employment/Service Law | Date: | Hits: 67
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... and 12-4-1984 for mutating their names in place of the previous owner. On receipt of the applications the Assistant Commissioners held an inquiry through their local Administrative Officer who after holding inquiry submitted a report on 25-4-1985 stating that the petitioners are in possession of th...... The facts of the case as stated in the petiÂtion are that the House No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yun..Category: Property Law | Date: | Hits: 33
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