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Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......r interpretation of section 9(2) (ga) of the Local Government City Corporation Election Ain, 2009 and, as such, no interference is called for. 10. We have considered the impugned order and other papers on record. The leave-petitioner was not made party to the writ petition. Therefore, he obtain...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... prayer for quashing the proceedings under section 561A of the Code of Criminal Procedure. As both petitions involve the same point of law, they are disposed of by this single judgment. 2. Facts relevant for disposal of the instant petitions are that the petitioner is a businessman from Chitt......n. 10. We have considered the submissions of the learned Counsel for the petitioner and respondent No.1 and perused the impugned judgments and orders of the High Court Division and other connected papers on record. 11. The petitioner before us has not a any point of time denied the issuance of...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......gh Court Division elaborately addressed all the points on which leave was granted by this Division. 11. We have considered the submissions of the learned Advocates, the impugned judgment and other papers incorporated in the paper book. 12. The submissions on which leave was granted should be s...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....iduals known as Cabinet who constitute the Government. In a different political set up, different considerations will arise and we are not concerned with them as the Bangladesh Constitution, at the relevant time set up a parliamentary form of democratic government. 5. In the context of the dete......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152......., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....ecuted on the instant. It involves a great many considerations such as seniority, suitability, salary, and treatment of the period of absence, etc., which are exclusively within the competence of the relevant executive authorities and can only be decided by those authorities after a good deal of exa...... Court and that in fact, the respondents did not violate the order of the Court.
7. We have perused the Contempt Petition, its Annexures, affidavit-in-opposition, its annexures and other connected papers.
8. It is true that the petitioners were serving in different capacities under Bangladesh ......also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....ision for pre-emption of non-agricultural land in the East Bengal Non-Agricultural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner can not claim a right of pre-emption. After review of relevant provisions of the East Bengal State Acquisition and Tenancy Act we think that section 96 is...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Prodip Kumar Dutta & another........................Petitioners Vs. Mira Rani Dutta and another ......Opposite Parties Judgment March 13, 2004. Result: The Rule is made abs......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......nd to Sharat Chandra Ghosh or he possessed ever. 28. In cross-examination, he testified that he was doing business. On 6‑4‑99 he submitted written statement. He could not say as to whether the papers were submitted along with his written statement. Whether or not on 21‑3‑01 he submitted t......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed...... plaintiff entitled to get a decree as prayed for? and (e) What relief the plaintiff was entitled to. 11. In support of their case, the plaintiffs examined three witnesses and adduced number of documents, which were marked as Exhibits 1 to 20. Defendant No. 14 also examined three witnesses and..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... Federal Court however, dismissed the petition for special leave to appeal holding that the Court would not act in aid of a person who was a fugitive from justice. It was held by the Federal Court in relevant portion of the judgment thus: "The present is an "individual case" and, in our opinion, ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and another Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ame. The witness was asked to attest the statement which he did. He further stated that he was shown the gold from the Almirah. 14. The next witness is P.W.6 Abdul Mannaf who was a loader at the relevant time in the Airport. He deposed that he was assigned the duty of carrying the baggage of th......nd Found Section of the Bangladesh Biman, Zia International Airport addressed to the appellant at the address of his residence at Lalmatia asking him to produce his necessary travel documents and papers for delivery of his brown baggage bearing serial No.1886 reached by flight No.BG 044/120487) ...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs...... their evidences what other items were found in that bag in addition to the gold and whether those items belonged to the appellant. Had it been the case of the prosecution that the passport and other documents etc of the appellant were found in that bag, it would have been easy for the prosecution t..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....had been depositing the rent in the Office of the Controller they are not defaulters. Provision of section 4 of the Order does not save default it saves a legal proceeding from being barred under the relevant law by extending the period of limitation adding to it the period from 1st March, 1971 to 1......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270....... Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No. 482 of 1975. Judgment AM Mahmudur Rahman J.- This appeal by the plaintiff is directed against the judgment and decree passed by the learned Subordinate Judge, Third Court, Chittagong in other Appeal No.3......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....ut the same decision and their accured rights emanating from those as was taken in 1972 has remained unimplemented till today. It is his case that after thorough examination and re-examination of the relevant papers of the petitioner ex-Mujibnagar employee and having been satisfied with his educatio...... above. The Establishment Division should submit a report in this regard to the Prime Minister within ten days.” 3. In pursuance of the aforesaid decision notices were published in the daily newspapers. According to the notice, the petitioner and others filled up the prescribed forms required b...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......r names for employment in the services of the Republic have been registered by the Establishment Division. It is their cases that the Establishment Division had considered all the relevant papers and documents of the petitioner and thereafter the Establishment Division issued final nomination for al..Category: Administrative Law | Date: | Hits: 183
....ly.
19. The Courts below on consideration of the evidence oral and documentary observed that at Baukhola Mouza, there were no such khatians as khatian numbers 977 or 978 and also found that at the relevant time Pulin Behari had no land at Baukhola Mouza.
20. Now it is to be considered how far ......sequently Pulin Behari died in Bangladesh and was cremated in Bangladesh. P.Ws. also stated that Pulin Behari died leaving behind a son Nirmal Kumar Paul who was still living in Bangladesh. Few other papers documents were exhibited by the P.Ws. showing that Pulin Behari never left for India.
6. P......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January......ly Pulin Behari died in Bangladesh and was cremated in Bangladesh. P.Ws. also stated that Pulin Behari died leaving behind a son Nirmal Kumar Paul who was still living in Bangladesh. Few other papers documents were exhibited by the P.Ws. showing that Pulin Behari never left for India.
6. P.Ws. 1 ..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....rder of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.44 of 1995. 2. For disposal of this appeal, in short, the relevant facts are that the respondent-1 company is a manufacturer of various iron and steel materia...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....w in Miscellaneous Appeal No. 66 of 2003 is hereby set aside. The orders of both temporary and ad interim mandatory injunctions granted by the Appellate Court below are hereby vacated. 21. The relevant findings of the Appellate Court below touching the merit of the suit contained in its impug......hrough the application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure filed by the plaintiffs, the written objections filed by the defendants, the documents and papers enclosed with the application under section 115(1) of the CPC marked Annexures A‑E includin......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......ers, took me through the application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure filed by the plaintiffs, the written objections filed by the defendants, the documents and papers enclosed with the application under section 115(1) of the CPC marked Annexures ..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubali Bank as plaintiff instituted Artha Rin Adalat ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......inate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already t......on contest on 1‑12-1998. In the said judgment the learned Artha Rin Adalat found that the present petitioner (who was the defendant in the Artha Rin Adalat Suit) committed forgery and used forged documents in the suit. Subsequently, the bank filed an application before the Artha Rin Adalat prayi..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal i......fees, entitlement of the plaintiff for any money for works done beyond the tender or to any decree of money were settled. 8. Plaintiff examined 2 witnesses including, himself and adduced number of documents which were marked as Exhibits 1 to 7 while the defendants examined 1 witness and their doc..Category: Civil Law | Date: | Hits: 99
.... the land; that the plaintiffs by purchase acquired title over total 0.1927 acre; that the plaintiffs applied for derequisition of their purchased land and to pay all arrear of rent enclosing all the relevant documents relating to their ownership of the suit land but after long lapse of time the lan......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
......; that the plaintiffs by purchase acquired title over total 0.1927 acre; that the plaintiffs applied for derequisition of their purchased land and to pay all arrear of rent enclosing all the relevant documents relating to their ownership of the suit land but after long lapse of time the land acquisi..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....o.268 of 2004 now pending in the Court of Metropolitan Magistrate, which allowed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petition bef......interfere with it under its inherent power. 37. In the instant case we do not find any such limitation or extraordinary reason for quashing the proceeding. Moreover on perusal of the complaint and papers accompanying the same, it appears to us that there is substance in the complaint and under su......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......ing a suit under the Code of Civil Procedure, 1908, in respect of (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving documents on affidavits; issuing commission for the examination of witnesse..Category: Constitutional Law | Date: | Hits: 264
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