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Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

.... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......ct VII of 1981) 1981, shortly the Administrative Tribunal Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentation before the proper Court by his order dated 05-07-86. 4. Thereafter, on or about 09-04-90 plaintiff made ..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......rst Class Magisterial power of the petitioner be restored. 6. The learned Deputy Attorney-General opposes the Rule. He submits that the order passed by the learned Sessions Judge was legal and proper and, as such, prays for discharge of the Rule. 7. We have heard the learned Advocates ..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

.... ......ised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts as stated in the writ petition, in short, are that, the petitioners took..

Category: Property Law | Date: | Hits: 31

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma......udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

..... ......ienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, ‘body, reputation or property of any person shall be taken except in accordance with law. Article 32 of the Constitution ..

Category: Constitutional Law | Date: | Hits: 264

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla......n of the Government. It is further stated that the respondent No.4, CPA has the sole authority to create any lease of their land and none of the respondents have any right to create lease of the said property owned by the respondent No.4 in favour of the writ petitioner neither 1.00 acre of land nor..

Category: Property Law | Date: | Hits: 33

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

.... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ......onj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­posed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haqu..

Category: Property Law | Date: | Hits: 17

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd......e that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for parti­tion of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are tha..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved......pport of his claim as contigu­ous owner. The Courts below have con­currently found that the petitioner is not a tenant holding lands contiguous to the lands transferred and this finding is based on proper appreciation of the evidence on record. In view of the above, the learned Judge of the High C..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....VII ADC (2010) 397. ......ight and possession of the plaintiffs in the suit land, the High Court Division committed an error in dis­missing the suit without reversing the finding of the court below and thus the same is not a proper judgment of reversal". The security of Tk.1000/- is to be deposited within one month. ..

Category: Property Law | Date: | Hits: 25

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......oner's mother was actu­ally made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be a co-sharer, secondly, as to whether ..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

.... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden......foresaid ex-parte decree and by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, d..

Category: Civil Law | Date: | Hits: 105

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades......land has not been affected by the provision of President's Order No. 137 of 1972 and this suit is barred by sub-section (3) of section 87. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney Gen­eral wi......d by the Chief Whip and the Deputy Leader of the opposition in their letters to the Speaker. The Speaker instead of deciding, that the two mem­bers have not resigned from the party should have, more properly, referred the matter to the Election Commission to investigate and decide. It is not at all..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades...... terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the government initiate..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secre­tariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......erforming an administrative function in referring the dispute to the Election Commission. It has been clearly held in the case of Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486, that in a proper case the Speaker might be Directed by the higher Court to make a reference where he has refus..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....Fazlul Karim J  Md. Joynul Abedin J   Md. Abdul Matin J   Md. Abdul Aziz J  The State……………...Petitioner  Vs.  Md. Shahid Bepari @ Shahidullah and others…………....Respondents  Judgment  November 23, 2009.  Result:......le in their respect and on the other had, convic­tion and sentence of accused Elas Bepari @ Aklas is sustainable in law."  It appears that the findings of the High Court Division is based on proper appreci­ation and evidence on record and call for no interference by this Court.  Ac..

Category: Criminal Law | Date: | Hits: 294

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

.... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………...... the Ministry of Lands with the help of Government's officer collusively. The record of right in favour of govern­ment is absolutely wrong and collusive and the defendant No.4 can not claim the suit property on the basis of alleged settle­ment and the defendant No. 1 has no right, title and intere..

Category: Property Law | Date: | Hits: 25

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

..... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdus Subhan ...............................Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers In......­tioner-submits  that the learned Single Judge of the High Court Division erred in law in making the rule in Civil Revision No.5771 of 2001 absolute in failing to consider the materials on record in proper perspective and thus failed to appreciate the legal aspect of the case. He further submits th..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

.... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......rade Marks Registry, Dhaka under application No.1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, here was no opposition from any quarter and eventually the trade mark..

Category: Intellectual Property Law | Date: | Hits: 273