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Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ciple that one should not be deprived of benefit/post without affording him opportunity to put forward his case in support of the entitlement of enjoying the benefit or competency of holding the post. 8. Leave was obtained for consideration of the contention that the High Co......primarily on the ground that post of Stenographer is a newly created post and that Respondent's appoint to the said post of Stenographer was not made upon due compliance of the provision of Local Government (Zilla Parishad) Officers and Employees Service Rules, 1990 (this service Rule was publis..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....la by which Md. Amanullah acquired the property, affidavit and the other papers as well as mutation fees. 9. The learned Advocate submitted that lower appellate Court was in serious error in holding that the suit as framed was not maintainable in that plaintiffs sought for declaration of h......y;als on record held that whatever were in letter dated 26.6.1988 the same was complied with though at a point of time other than the time as claimed by RAJUK to have been fixed but RAJUK sat over the matter of mutation for 5 years although prayer was made upon furnishing the requisite..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... 50 lacs from him but without success. Being aggrieved the writ-petitioner-respondent moved the above mentioned Writ Petition before the High Court Division whereby the learned Judges passed an order holding that the respondent is not liable to serve out the unserved portion of the sentence and he i......nal or judicial restraints except that it cannot be used to enhance the sentence....................................................(8 & 9) Case Referred to- Kuljt Singh alias Ranga vs Lt Governor of Delhi and others AIR 1982 SC 774. Lawyers Involved: Abdur R..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....ppeal, by leave, is against the judgment dated July 19,1992 of the High Court Division in Writ Petition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unla...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amir J Md. Tafazzul Islam J Government of the People’s Republic of People’s Republic of Bangladesh.......... Appella..Category: Property Law | Date: | Hits: 32
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ves that he is owner of the property. The learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiff's have long uninterrupte......-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measu..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....ed cannot be considered illegal, that there has been no violation of the Articles 27 and 31 of the Constitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegation of mis-appropriation of government funds and thereby causing...... dated December 8,2001 (welq: Awf‡hvM AbymÜv‡bi e¨vcv‡i mswkó KvMRcÎ mn e³e¨ cÖ`vb cÖm‡½, m~Î : weGwm bw_ bs 189-2001/Uv: †dv:-2) of the office of the Bureau of Anti-Corruption,Government of Bangladesh requesting the writ petitioner to report at the office of the Bureau of Anti..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....d respondent No.2 signed memorandum of evidence himself and did not raise any objection against the enquiry committee and, as such, the judges of the High Court Division misdirected themselves in holding that the delinquent was not given proper opportunity of being heard and the materials &nbs......end his case, the learned Judges of the High Court Division acted wrongly in affirming the judgment and order of the Labour Court, when the Labour Court, in fact, sat as a Court of appeal over the inquiry held without any violation of law and procedure." "The learned ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....he ACC and the ACC Rules, inasmuch as the High Court Division stepped outside its province by making the said observation. He further submits that the High Court Division committed an error of law by holding that "section 26(2) is bad in the eye of law" on the erroneous basis that the provision of p......d peace loving citizen of Bangladesh and a political element, being the President of Bangladesh Awami League, one of the two major political parties of the country. She was the Prime Minister of the Government of Bangladesh during the period between 1996-2001 and also the leader of the opposition in..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....he tenant from the liability of payment of rent as per agreement or in the absence of a written agreement within the time specified in the statute, whether the High Court Division was in error in not holding that the plaintiff has bonafide requirement of the suit premises to construct a residential ......n referring to intermittent payment of rent of two or three months at a time in the year, 1972 to 1975 and then in the first quarter of 1985 (Exhibits 'Gha1 59 to 70 and Exhibits 'Gha' 13 to 32), but over looking the fact that since May, 1985 there was no payment of rent either in lump for several m..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....of abandoned buildings published in the Bangladesh Gazette on the 23rd September, 1986 under Ordinance No.54 of 1985. The respondent then filed Case Nos. 1084 of 1987 and 183 of 1988 in respect of holdings Nos.426 and 427 respectively before the Court of Settlement which dismissed both the cases...... (2006) 76. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....d thereupon the aforementioned Miscellaneous case was stated. The prayer for restoration of the original suit to its file and number was opposed by the plaintiff. The trial Court dismissed the case holding that the petitioners of the miscellaneous case failed to make out a case for setting aside......d the review application summarily upon observing that no case for review was made out. 4. Leave was granted to consider the submission that the entire suit plot No. 533 was acquired by the Government and the respondent No. 1 obtained the exparte decree by making false statement on the ba..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....ng in total .53 decimals of land sold under three registered kabalas under section 96 of the E.B.S.A. and Tenancy Act, 1950 stating, inter alia, that the pre-emptor No.1 is a co-sharer in the case holdings recorded under S.A.Khatian Nos. 73, 74 and 75 on the basis of purchase vide registered kab......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....Ali sold 07 decimals of land to the contesting defendant and they are in possession. 6. The learned Assistant Judge on consideration of the materials on record decreed the suit in part holding that Ext. 6 = Ext. Kha was executed only by Ludu Molla and not by Samarthaban Bibi and as s...... her share. The share of Hamijuddin was inherited by his sons and daughters, defendant Nos.1-6. Sarbanu had no other name like Sawrupjan and Sarbanu was never married to Ludu Mollah. Hamijuddin in over to deprive his full sister, Somarthaban Bibi created a forged, fabricated document on 23.12.19..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
....ted 22.11.2005 of the learned Third Judge of the High Court Division passed in Death Reference No.81 of 2003 (heard analogously with Criminal Appeal No.2798 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....ct that the property has been rightly included in the list abandoned buildings. The Court of Settlement, after hearing, allowed the case excluding the property from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case pro......ourt Appellate Division (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. ..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....quired dates. A local planning authority, which is required by regulations to give notice of its decision within two months, was held able to give a valid decision after three months. An earlier case holding that a delay of over two years would invalidate the decision has been disapproved, but it is......sent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and..Category: Civil Law | Date: | Hits: 125
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....dgment and other connected papers. 6. The learned Counsel submits that since the period of transaction in question became past and closed one, the courts below rightly dismissed the suit in holding that the transaction was not alive when P.O. No. 88 of 1972 was promulgated and...... 1936 and Section 95 of the State Acquisition of Tenancy Act was amended by promulgation of President's Order No.88 of 1972 with effect from 03.08.1972 and the transaction is a past and closed one, overlooking the vital fact that the mortgagor's right of redemption within a period of 60 years ha..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....Civil Procedure in the Court of District Judge, Chittagong but the learned District Judge by his order dated 14.05.2005 without entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Tk.5,00,000/- the District Judge does not have......i.e. when the value does exceed taka five lac." 10. The High Court Division in this connection further opined that the District Judge and the Joint District Judge have equal pecuniary jurisdiction over all original suits cognizable by the Civil Courts, save as otherwise provided by any enactment,..Category: Limitation Law | Date: | Hits: 171
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ice Regulation of Bengal, Volume-1 and failed to consider the constitutional provision of Article 135 of the Constitution read with the legal facts that the authority appointing the petitioner was holding the post of Deputy Inspector General of Police as evident from amendment of the Police Regu......nt: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the People's Republic of Bangladesh................Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
..... The petitioner was granted citizenship of United Kingdom in December, 1965 and he got British Passport in 1966 as a citizen of United Kingdom. At the same time he is also a citizen of Bangladesh holding dual citizenship. The petitioner came to Bangladesh on the 1st August, 2001 and went t......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Achyutananda Das...........................................Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents ..Category: Property Law | Date: | Hits: 54
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