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Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....…………. (5)……………………………….. (6)……………………………….. 12. Mr. SM Zillul Haq, the learned Advocate appearing for the respondent No. 1, on the other hand, contended that the respondent No. 1 considered the deposition of all witnesses and discussed t......on (Special Original Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Inv......tition. It has been further stated that the Administrator of Waqf having considered and assessed the evidence on record rightly found that petitioner guilty of misappropriation of the property and mismanagement of the Waqf by the petitioner and as such, no illegality has been committed by the Waqf A..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
.... in this court and as such the defendant opposite party No. 1 is estopped under section 116 of the Evidence Act from denying the title, of the landlord defendant No. 1 of the Partition Suit without handing over possession of the suit premises. He also submits that the impugned decree of the said...... court and as such the defendant opposite party No. 1 is estopped under section 116 of the Evidence Act from denying the title, of the landlord defendant No. 1 of the Partition Suit without handing over possession of the suit premises. He also submits that the impugned decree of the said partiti......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....ance of a contract for sale are the parties to the contract". 6. In Prem Sukh a suit was filed by one Habibullah & others for specific performance of contract for certain land against one Nim Chand defendant No. 1 and Prem Sukh, defendant No. 2. The defendant No.2 was impleaded on the allegat......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
.... and recommendation of the enquiry officer and as to why a higher punishment was proposed to be inflicted on him. 9. Mr. Syed Amirul Islam, the learned Advocate for the respondents, on the other hand, submits that under Clause 69(3) (c) of the Bangladesh Textile Mills Corporation (Service) Regu......om their duties for a continuous period of 3 months from 25th March to 3rd December, 1971 without checking their actual attendance and sent the list to Wages Department for payment in violation of Government guidelines contained in Bangladesh Textile Mills Corporation Circular No.SEC/39/93/Adm......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....e raised a preliminary objection as to want of jurisdiction of this Admiralty Court to entertain the plaint and also to issue warrant of arrest of the vessel defendant No. 1 M.V. CORINA. On the other hand, the learned Advocate for the petitioner submits that the preliminary objection is untenable. H......ehalf of the Defendant No. 2 Master of the Vessel for safe carriage to and discharge at the Port of Chittagong. The consignment was insured with pro-forma defendant No. 5 Sadharan Bima Corporation covering various risk of loss under Marine Cargo Policy No. DAC/C/MP-229/88 in lieu of cover Note No.......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
.... has, in fact, quashed the proceedings which as an Additional Sessions Judge he has no jurisdiction to do. 10. Mr. Moinul Huq, learned Advocate for the 2nd Party—opposite parties, on the other hand, submits that the Chief Metropolitan Magistrate passed the order on 12.4.87 not after an inqu......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....89) 108.......ent: Mohammad Abdur Rouf J Syed Fazle Ahmed J Md. Monirul Hoq son of Late Haji Abid Ali, Chairman, Chandina Upazilla Parishad, Chandina, Comilla......................Petitioner Vs. Government of Bangladesh represented by the Secretary, M/O. Local Govt. & Rural Dev. of Banglades......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....t the premises is required bona fide by the plaintiff, for his own purposes.
7. Mr. Sharifuddin Chakladar, the learned Advocate appearing on behalf of the plaintiff opposite party on the other hand submitted that the courts below committed no error of law occasioning failure of justice in arr......agreement the rent was payable within 1st week of every month according to English Calendar month. The defendant paid rent very irregularly and not according to the terms of the contract and also over stayed in the premises. The plaintiff requested the defendant in writing to vacate the suit pre......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....egistered deed dated 17.11.2002 but the preemption application field on 5.3.2005 having knowledge on 3.3.2005 but the pre-emptor has not been able to prove his alleged date of knowledge. on the other hand, the learned Advocate submits that the pre-emptor being P.W.1 stated in the evidence that he ca......e is not maintainable in the present form and manner and the same is liable to be dismissed. He further stated that he is a businessman, dealing with paddy and doing business using the disputed land covering plot Nos. 697, 696 and 486 where he established a Husking Mill and chatal. In order to exten......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....han with the land of the plaintiff of Mouza Anandapur vide exchange deed No. 20155 dated 10.08.1981 and the delivery of possession of respective lands were made duty and accordingly the plaintiff (Khandaker Mokhlesur Rahman) since then was owning and possessing the suit land on payment of rent to ......ct Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, tha......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petiti......writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petitioner ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... order dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained by an order of temporary injunction to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defend......r dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained by an order of temporary injunction to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defendants ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....natures appearing in the disputed bainapatra dated 30-11-83 and, on the order of the Court, the plaintiff duly deposited in the Court necessary costs for examination of the disputed signatures by the hand writing expert. 5. Thereafter defendant No.1 filed as additional written statement alleging,......he suit property at a consideration of Taka 60,000, out of which the defendant obtained from him on 30-11-83 Taka 50,000 as earnest money by executing a bainapatra duly attested by witnesses and made over possession of the suit property to the plaintiff in part performance of the contract. He went o......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....ishing the result that has been committed by the contemner. Nos. 2 and 3 as members of election commission but the contemner respondent No.1, has not committed any contempt of this Court as he had no hand in the matter of publication of the final result. 12. We find substance and force in this su......xercises that have been done by the contemners respondent Nos. 2 and 3 in the matter of preparation of the voter list and holding of the election have been done by them in their official capacity as government servant and therefore prima facie it appears to us that any order passed by them in offici......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
....
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17, 2008
Cases Referred to-
Khandaker Mostaque Ahmed vs. Bangladesh 34 DLR (AD) 222; Anwar Hossain Chowdhury vs. Bangladesh 41 DL......t Petition No. 2975 of 2003)
And
Farhad Ahmed………………………Petitioner (In Writ Petition No. 3217 of 2003)
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 253
....nexure-D enclosed therewith transferred the holding with two storied building thereon to one Nur Mohammad Miah, the predecessor of the present petitioners at a consideration of TK.40, 000.00 and also handed over possession of the building to the purchaser Nur Mohammad Miah. Mohammad Mohib died in ......ainst the judgment and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Str......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
..
Category: Property Law | Date: | Hits: 41
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....ell as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property, which we will shortly consider. On the other hand, Mr. Mahmudul Islam, learned Counsel, defended the order. 4. The issue facing is whether the...... application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property, which we w......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....is not sufficient for proper determination of an appeal, it will be prudent for the appellate Court, either to take or cause to be taken further evidence before it determines the appeal. On the other hand, if the materials on record are not deficient for the proper disposal of an appeal then there c......4 of 1997. Abdul Matin took no part in the proceedings, either in the Courts below or in this Court. 2. Madinullah seems to have had a peaceful occupation and quiet enjoyment of the case land, for over six and half years, since he had purchased it on 4-3-1990. He might have lost his peace in Febr......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....e mentioned injuries which were ante-mortem homicidal in nature. In cross-examination stated that sub conjuctional hemorrhage may be caused due to injury or disease. He did not get dislocation in the hand nor he found any tissue nor any injury on internal organ. The congestion found by him might be ......he appellants under section 304 of the Penal Code after investigation of the case. 4. Trial Court framed charge under sections 304/34 of the Penal Code against the appellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined 7(...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
....tural justice had been violated by not giving any opportunity to the writ petitioner to explain his position.
8. Mr. Shamsuddin Babul, learned Advocate appearing for respondent No. 2, on the other hand, supported the finding and direction given by the learned Subordinate Judge. He submitted that ......Court
High Court Division
(Special Original Jurisdiction)
Present:
Syed J R Mudassir Husain J
Syed Mahmud Hossain J
Delwar Hossain (Md.)………………….Petitioner
Vs.
Government of the People’s Republic of Bangladesh and others...Respondents
Judgment
October ...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
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