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Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
.... will be offences under the Public Safety Ordinance and that there will be no bar to the prosecution of the appellants under the Act as contemplated under section 36 of the Act will have force. The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....ing part of the judgment of the appellate court below allowing some defendants to get share, from the advocate commissioner on production of their purchase deeds. The learned Counsel has read out the relevant portion of the ordering part of the judgment of the appellate court below which runs thus...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others..............................................Petitioners Vs. Abed Ali and others......... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... the judgment and order dated 19.07.2009 passed by a Single Bench of the High Court Division disposing of three Civil Revision Nos.1499 of 2004, 2316 of 2007 and 2047 of 2007 analogously. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are ......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......ision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid........Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....That in the next panel prepared for promotion to the post of General Manager the petitioner's name was at serial No.2. That in 2004 about 5 posts of General Manager were vacant. But just before the relevant time for promotion, the respondent No.2 formulated some criteria for promotion to the post ...... impugned judgment. 10. We have considered the submissions of the learned Advocates of both the sides and gone through the impugned judgment, the impugned circular No.10 of 2005 and other material papers. 11. We find that the submissions made by the learned Advocate for the writ petitioners ......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....int to decide is whether a conveyance deed accompanied by a deed of reconveyance constitutes a complete usufructuary mortgage. In order to ascertain this point, it would be profitable to refer to the relevant provisions of section 95 and 95A of the State Acquisition and Tenancy Act, which after seve......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ...... Sub-Divisional Magistrate or the officer so authorized shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in ..Category: Property Law | Date: | Hits: 87
....ed by the Joint District Judge, First Court, Barisal in Title Suit No. 33 of 2008 rejecting their application for addition of parties under Order I rule 10 of the Code of Civil Procedure.
2. Facts relevant for disposal of the Rule, in brief, are that opposite party Nos.1-16 instituted Title Suit ......onsidered the submissions of the learned Advocates of both the sides and have gone through the impugned order. It appears that the learned Joint District Judge observed that the petitioners had filed papers and documents by way of fristhi and prayed for separate saham, but still the learned Judge di......- I agree.
Ed.
This Case is also Reported in:
......he submissions of the learned Advocates of both the sides and have gone through the impugned order. It appears that the learned Joint District Judge observed that the petitioners had filed papers and documents by way of fristhi and prayed for separate saham, but still the learned Judge did not make ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... Appeal No. 24 of 1998 dismissing the same and affirming those dated 20.5.1998 passed by the Assistant Judge, Moksedpur, Gopalgonj in Miscellaneous Case No. 17 of 1995 rejecting the same. 2. Facts relevant for disposal of the Rule, in short, are that opposite party Nos. 1-16 and their predecessor...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......nicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... lower Courts’ records. Ed. This Case is also Reported in: ......960, which were allegedly executed and registered by Manjury Mohini Saha in favour of defendant No.1 and his wife. As defendant No.1 was a deed-writer in the Sub-Registry office, he had created those documents in collusion with a Sub-Registrar named T. P. Das, who had a good relation with his (defen..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....ave acted without jurisdiction in refusing to allow the respondent to import the duplex board and accordingly the appellants acted without lawful authority in refusing to accord permission. 9. The relevant provision of SRO No.542-L/84/885 CUS dated 10.12.1984 reads as under: “In exercise of ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......also Reported in: ......word “TEMPORARY IMPORTATION” inscribed thereon; and in case of any goods imported along with passengers, necessary recording may be made by the officer of Customs on the body of passport or other documents. (3) The Bills of Entry so submitted shall be assessed provisionally and recorded seria..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......tioner. In such a case, the order of termination would stand vitiated on the ground that on regular enquiry was conducted. We shall presently consider whether, on the facts of the case before us, the documents referred to in the impugned order contain any stigma. 9. It was in this context argued ..Category: Employment/Service Law | Date: | Hits: 155
.... in different form. This is the 2nd round legal fight upon the self same subject matter and upon common issues which have already been decided finally. The learned joint District judge, framed some irrelevant issues. The subject matter of the suit has already been decided by the Appellate Division. ......execute and register kabala deed in favour of the defendant appellant. It further shows from the record of execution case No. 20 of 1985 that the said court directed the decree holder to put in stamp papers for writing a kabala deed and stamp papers were duly supplied on 18.1.1992. The kabala was wr......n J. - I agree.
Ed.
This Case is also Reported in:
......endant No. 1 and 2 had authority to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
Both the parties examined witness and their documents were admitted into evidence.
6. The learned Sub-ordinate Judge by the impugned judgment..
Category: Property Law | Date: | Hits: 113
....ty of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Suit No. 36 of 2002 rejecting their application for acceptance of additional written statement.
2. Facts relevant for disposal of the Rule, in brief, are that opposite party No.1 Md. Habibur Rahman institu......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
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This Case is also Reported in:
......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......61,000/- (sixty one thousand) out of which he paid Taka 56,000/- (fifty six thousand) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No......nd down the lower Courts’ records. Ed. This Case is also Reported in: ......ixty one thousand) out of which he paid Taka 56,000/- (fifty six thousand) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No.1 would ex..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....al was dismissed with the following observation: "Having considered the contention of the learned Counsel with reference to the provisions of the State Acquisition and Tenancy Act as well as the relevant provisions of the B. T. Act, we are inclined to hold that the view expressed in the case of......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....sing the same for default. The Miscellaneous Case was filed under Order IX rule XIII of the Code of Civil Procedure for restoration of the money suit on setting aside the ex parte decree. 2. Facts relevant for disposal of the First Miscellaneous Appeal as well as the connected Civil Rule, in brie......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......(Civil Appellate Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Syed Selim Ahmed……………………………………………Appellant Vs. Apparel World (Pvt.) Ltd. and another……………Respondents Judgment October 27, 2011. Result: The First Misce......ournment and dismissed the case for default by the impugned order, which was illegal and should be set aside for ends of justice. 5. We asked the learned Advocate for the appellant to produce some documents such as the passport, ticket etc. to prove his contention that at the relevant time the ap..Category: Civil Law | Date: | Hits: 119
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
.... posted in the cause list and called for hearing, but no one appears for either of the parties. In view of its long pendency for more than twenty-eight years, it is taken up for disposal. 3. Facts relevant for disposal of the Rule, as it appears from the record, are that the petitioners institute......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Communicate a copy of the judgment. Ed. This Case is also Reported in: ......t of 1.22 acres. Learned Judge also observed that there is nothing on record to show the plaintiffs’ possession in the suit land and that the patta and dakhilas filed by the plaintiffs are spurious documents and further observed that the said patta does not relate to the suit land. 9. The alleg..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......mmunicate a copy of the judgment. Ed. This Case is also Reported in: ......rary injunction. 7. On the other hand Mr. Mohammad Abdullah, learned Advocate for plaintiff-opposite party Nos.1-2, submits that both the Courts below on careful consideration of the pleadings and documents filed by the parties concurrently found the plaintiffs’ prima facie case and granted tem..Category: Property Law | Date: | Hits: 84
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts relevant for disposal of the Rule, in short, is that the petitioners as plaintiffs instituted Title ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......d not transfer .1534 acre of land. 9. We have considered the submissions of the learned Counsel for the petitioners and perused the impugned judgment of the High Court Division and other connected papers on record. 10. We find merit in the submissions of the learned Counsel for the petitioners......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others…...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......s and the plaintiff has no title and possession in the suit property and, as such, the suit is liable to be dismissed. 5. At the trial, the plaintiff examined 7 witnesses and exhibited a series of documents in support of her claim while the principal defendents examined only one witness in the lo..Category: Property Law | Date: | Hits: 88
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