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Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......he name of Wali Mia Sodagar Jame Masjid and Madrasha as its Mutwalli the finding of the trial Court that nothing is said in the plain about waqf before and amendment would give rise to new cause of action which would be inconsistent with the original plaint is wrong and liable to set aside; That ..Category: Property Law | Date: | Hits: 35
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ...... further submits that the petitioners being in possession are protected against others except any other person having better title and in the present case Government having no better title the action of the respondents in declaring the property as abandoned property is illegal and that the ..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......ion in the light of the provision of Section 8(1) of the Emergency Requisition of Property Act, 1948. The High Court Division directed the aforesaid Respondent to take the appropriate action in the light of the Annexure-D to the writ petition within 2 months from the date of receipt..Category: Property Law | Date: | Hits: 28
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......s committed by the Krishi Bank at the time of opening of the Letter of Credit the machinery had not been reached and the Letter of Credit stood cancelled and the plaintiff had no latches or inaction in the matter but it was caused due to negligence and mistake of the Krishi Bank which led t..Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the laws of England governed the transaction that was the subject matter of the suit. The written objection dated 03.01.2002 was the firs..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......elongs to them, as will appear from the document of title and that this was done at a time when the Court stayed the operation of the interim injunction by a judicial order thus enabling them to take action which was otherwise lawful. It has been further urged by the learned Counsel that the dispute..Category: Property Law | Date: | Hits: 31
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......ents, now appellants, namely the Government of Bangladesh in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Protection Serv..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......clared has never granted absolute power either to the Government or to the President to make an order of detention even in the circumstances mentioned in the judgment nor it is the law that the satisfaction upon which an order of detention is made is immune from challenge. The power of the Supreme..Category: Procedural Law | Date: | Hits: 107
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......on dated 26.9.2002. 14. The authority is authorized to exercise the discretion provided under rule 21 thereof only in case of necessity and the said discretion has been attached to the Government action which is subjective to the authority exercising the said discretion. 15. The Chief Contr..Category: Business or Commercial Law | Date: | Hits: 139
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......rity for lease of part of the property in question and the abandoned property authority leased out the property (part) in question to the petitioner herein. The owner of the property challenged the action of the Government in treating the property in question as abandoned property and finally it..Category: Property Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......lication for appointing her as Mutwalli. But the Waqf Administrator suggested that her prayer might only be considered after cancellation of her heba deed. The Administrator of Waqfs directed to take action under the provision of section 32 of the Waqf Ordinance. The High Court Division further held..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......f the Service Rules of BOESL and also in violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement contending, inter alia, that the action taken against the petitioner was lawful and correct; BOESL is an institution and is guided b..Category: Employment/Service Law | Date: | Hits: 71
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......60 days by the Sessions Judge and if the trial cannot be concluded within the specified time the accused in the case, if he is accused of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be recorded in writing, the court otherwise directs. He..Category: Criminal Law | Date: | Hits: 96
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......abala dated 5.2.1982 got an area of 2.48 acres of land transferred in their favour from Malekun by a deed of heba-bil-ewaz dated 20.3.1982 and so the said deed dated 20.3.1982 is a colourable transaction for defeating pre-emption. 3. Pre-emptee Nos.1-3 contested the cas..Category: Property Law | Date: | Hits: 34
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......t the defendants have been possession the suit holding since then on the basis of the aforesaid settlement. Their further case is that Dhiren and Biren Bhattacharjee agreed to complete the transaction by executing registered documents in favour of the defendant’s predecessor-in-interest but ..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ...... question is whether section 41 of the Ain requires that 50% deposit of the decretal money is to be made before filing the appeal or the deposit may be made "any day before the appeal is taken up for action’’ (for action) i.e. for hearing under Order 41 Rule 11 of the Code of Civil Procedure. ..Category: Civil Law | Date: | Hits: 132
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......cy for settlement of the Government khas land. The Ministry of land replied to the letter dated 18.10.1994 asked the Deputy Commissioner, Barisal vide Memo Nos. 404/95/104 dated 06.02.1996 to take action as per paragraph No.9 of the above Settlement Policy of the Government. The Addi..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......02 and thereafter there was no stay of the operation of the judgment. Inspite of the fact that there was no stay, the legally constituted Committee was not allowed to function. So, accordingly the action of the respondent-contemners amounts to violation of the order of the Court passed in Writ P..Category: Criminal Law | Date: | Hits: 47
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... agreement the exhibit-1 was genuine. 9. It also appears from the record that before the revisional Court it has been contended from the side of the accused-petitioner that the alleged transaction does not call for any criminal action, rather it was civil liability only and as such, the i..Category: Criminal Law | Date: | Hits: 42
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ision in Civil Revision No.2984 of 2003 and as such the appellant petitioner is entitled for temporary injunction in respect of possession till disposal of the First Appeal, otherwise the cause of action of the appeal would be infractuous; that having regard to the fact that the lease was cancel..Category: Property Law | Date: | Hits: 50
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