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Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....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.......n seeking leave to appeal against the common judgment and order dated 04.11.2009 by the High Court Division dismissing the First Appeal Nos. 238 of 2005 and First Appeal No. 242 of 2005 and thereby upholding the judgment and decree dated 28.07.2005 passed by the learned Joint District Judge, 1st Cou..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... 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. ......or the petitioner that the High Court Division committed wrong in directing to hand over office of Chairmanship which fell vacant by operation of law and only remedy to fill up the said office was by holding election has no substance. We do not find any substance in the submission of the learned A..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... 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. ......tion to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defendants from handing over charge to the defendant nos. 6 and 7 and their cabinet and also from holding their office. 3. It appears that on that very date on 5.01.2011 the defendants took over ..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....transaction, the plaintiff filed an application before the learned Subordinate Judge praying for examining and comparing the admitted signatures of defendant No.1 with his signatures appearing in the disputed bainapatra dated 30-11-83 and, on the order of the Court, the plaintiff duly deposited in t......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)
....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....... Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging the legality and propriety of preparation of the voter list for holding election of the executive committee of the Bangladesh Swimming Federation alleging that the ..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......one) month more. Being aggrieved, the petitioner preferred Criminal Appeal No. 3514 of 2002 and after hearing, the High Court Division, by judgment and order dated 30.06.2009, dismissed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on ..Category: Criminal Law | Date: | Hits: 31
....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.
......J who wrote his opinion for himself and also on behalf of four learned brethren, namely, Yogeshwar Dayal, JN Roy, S Anand and SP Bharucha, JJ recorded, inter alia, the conclusions of the majority for holding that in the matter of appointment of Judges to the High Court Division and the Supreme Court..
Category: Constitutional Law | Date: | Hits: 252
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......is condoned. These Petitions for Leave to Appeal are directed against the judgment and order dated the 2nd day of December, 2007 passed by the High Court Division in Criminal Appeal No. 954 of 1997 upholding those dated 02.04.1997 passed by the Additional District Judge, Sunamganj in Sessions Case N..Category: Criminal Law | Date: | Hits: 26
....ioners as his heirs. At the time of death of Nur Mohammad Miah some of his heirs were then minor and the petitioners since then have been residing in the Holding at U/59 Nurjahan Road, Block-D in the disputed holding and in paragraph 12 and 22 of the petition, the petitioners have categorically asse...... Block-D, Mohammadpur for 99 years on lease at a consideration of TK. 30,000.00 at six annas ground rent, Mohammad Mohib constructed a two storied building on the plot. Mohammad Mohib transferred the holding to his two brothers Mohammad Siddique and Md. Habib at a consideration of TK.30, 000.00 thro..
Category: Property Law | Date: | Hits: 41
....m the date of filing of the suit till realization of decreetal amount payable to the Writ Petitioners Sufia Re-Rolling & Steel Mills Ltd. is not fixed rather, it is increasing day by day. And undisputedly the decreetal amount payable to Sufia Re-Rolling & Steel Mills Ltd. has grown up by t......ase No. 3 of 1999 in the 3rd Court of the Subordinate Judge, Dhaka for realisation of the decreetal amount along with interest who rejected the claim for set off by the impugned order dated 11.5.2008 holding that since both the execution cases were pending in two different courts, set off was not po..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....2.07.1985. Sara Khatun sold her purchase land to defendant No.2 and thereafter defendant Nos.2 and 3 after purchase owning and possessing the .26 decimals of land from the northern portion of the disputed Dags by constructing Golpata Sheds and the compromise decree passed in Title Suit No.143 of......e High Court Division also having found the plaintiff in possession of the suit land, ought to have held that plaintiff acquired good title by adverse possession and erred in making the Rule absolute holding that the plaintiff in possession of the suit land as tenant of defendant No.1, though no doc..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....compensation only in terms of the lowest sale value of the area which is available on record and there is no necessity to enquire into the matter by way of evidence; that the writ petition involved a disputed question of facts is not correct at all, rather the issue was before the High Court Divis...... the 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) 811...Category: Property Law | Date: | Hits: 25
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....endants transferred 12 decimals to Didarul Islam and his two brothers by three deeds as mentioned above and in 1996 said Islam Brothers jointly transferred said land to the plaintiffs. It is also not disputed that Islam brothers possessed said land on payment of rents in separate Khatian No. 188/1 a......hall be given to the allottee by demolition of the construction.” 6. In Fahim Al Haque and another Vs. Mohammad Abdul Aziz and others, 43 DLR 226, another Division has followed the decision in upholding an order of affirmance rejecting the prayer for injunction. In Mofazzal Hossain and another ..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....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.......94, appertaining to MRR Khatian No. 1328, corresponding to PS Khatian No. 1319 in Mouza Char King, previously known as Char Ishwar. This will be referred to, in the paragraphs that follow as the case holding. One Moqbul Ahmed had owned 0.50 acres of land in the case holding. He died leaving behind a..Category: Property Law | Date: | Hits: 37
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......ia, 42 DLR (AD) 110, setting aside an order of this Division, the Appellate Division allowed an amendment of the application for preemption for adding an alternative prayer for preemption as a tenant holding land contiguous to the land transferred, on the view, inter alia,
"Order 6 rule 17 of the..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......n for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption cas..Category: Procedural Law | Date: | Hits: 75
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a stock register cannot be regarded to be good reasons for holding that the taxable income of the assessee cannot be properly deduced from the account submitte..Category: Fiscal/Taxation Law | Date: | Hits: 69
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......tion of investigation, the charge-sheet was submitted against the appellant under section 4(2) of Act 26 of 1957. Eventually the case was transferred to the Senior Anti-Corruption Tribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to w..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....perused all the papers annexed. We have also closely scrutinised the order dated 22-10-2001 passed by this Division in above Order No. 5742 of 2001. Material facts as stated above do not appear to be disputed no affidavit is filed controverting any of the above facts. Before we consider the merit of......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the schedule thereunder, the authority to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal..Category: Employment/Service Law | Date: | Hits: 80
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