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Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....evenue) and the mutation cases were restored; that the plaintiff-respondents preferred appeal which was disallowed on 04.04.1993; that the plaintiff-respondents in collusion with some local notorious persons forcibly dis­possessed the defendant-appellants from 5'X6' yards of land of the suit proper......sely to the interests of the idol, even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the person representing it leaves it in a lurch, a person interested in the worship of the idol can certainly be clothed with an hoc power of representa­tion...... A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ha-5/AP-1M-26/83 (ANG-SHA)/110 dated 02.03.1986 but the defen­dants delayed the offer for a long time with­out giving any answer at the investigation of some corrupt employees and some interest­ed persons who were conspiring to give offer letter to another person. On 30.11.1994 the predecessor of......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......s petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

.... of plaintiffs and pro forma defendant Nos.39-40. The defendant Nos.1 and 2 predecessor of defendant Nos.10-13, Mokrom Ali, pred­ecessor of defendant Nos.14-19, Mosoddor Ali and one Moiz Uddin and 6 persons mutated the suit land in their name against which plaintiff filed mutation appeal and then i......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ree passed in Title Suit No.9 of 1998 was obtained fraudulently and ille­gal, not valid and not binding upon the plaintiff- appellants holding, amongst others, that the suit was decreed against dead persons namely Sukuri Bibi, Rahela and Daulat Bibi, and being aggrieved there against the defendant ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......e two products were thus non-alcoholic within the definition of Section 2(M) of the Act and that the prod­ucts gained tremendous response from consumers in the whole country as a result of which the interested quarters became jealous and made various propaganda and BOI then cancelled the registrati...... of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......ahazzud as well as other religious duties. He was a man of great integrity and character and of very independent spirit. During his long life not only brought up his children nicely, giving them good education but also acquired large landed property under P.S.-Matlab, District-Chandpur in his own na..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....t made several representations to the Government and the last one was made on 11.10.1993 to the Ministry of Works for restoration of possession of the house in her favour by evicting the unauthorized persons but to no effect. The house was included in the 'ka' list of abandoned buildings published b......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......l is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....Penal Code has already been started on 4-11-2009 before the Police Station of Pakundia, District Kishoregonj. On the face of the sections of Penal Code the word "anticipation" is mis­used by instant persons who are FIR named accused persons. 6. We hope the High Court Division will be slow in...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......e directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..

Category: Others | Date: | Hits: 81

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

....the Dhaka University Order, 1973 (President's Order 11 of 1973) provides that: "52. (1)—An appeal against the order of any officer or authority of the University affecting any person or class of persons in the University may be made by petition to the Chancellor who shall send a copy on receipt...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....PIL) challenging the Government's decision to upgrade the Legislative Drafting Wing into a full fledged Division. He has, in reality, filed that writ petition at the instance of some other interested persons belonging to Bangladesh Judicial Service Association. Minutes of the meetings of Bangladesh ......itigation (PIL) challenging the Government's decision to upgrade the Legislative Drafting Wing into a full fledged Division. He has, in reality, filed that writ petition at the instance of some other interested persons belonging to Bangladesh Judicial Service Association. Minutes of the meetings of ......ed in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......dence of P.W.5 Kazi Abdul Karim regarding the plaintiff's contention that defendant's vendor left this country before 1965 on the ground that P.W.5 is maternal cousin of the plaintiffs and as such an interested witness. The High Court Division further held that the plaintiff failed to prove by any c......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......t binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... Ed. This Case is also Reported in: VI ADC (2009) 1016. ......eme. 3. The writ respondent No.2 only contest­ed the rule by filing affidavit-in-opposition supporting the impugned order stating that the Government being in overall con­trol of the education system in the country it could also take the impugned action in addition to Madrasa Educ..

Category: Employment/Service Law | Date: | Hits: 146

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....AJUK approved plan for construction of multistoried commercial cum-residential building on the case plot. Then on 22.08.2007 petitioner came to know from RAJUK that respondent No.7 along with other 8 persons obtained approval of plan and clearance from RAJUK for construction of high rise building by......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

.... not competent to get lease of shrimp khas land measuring 0.10 acres of land as per pres­ent ruling of Government; that Rezaul Karim only filed an application recom­mend by some influential persons of that locality for taking lease of shrimp khas land for the greater interest of vested qu......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......s also Reported in: VI ADC (2009) 1000. ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

....nd in Chittagong District Registrar Office respectively which created doubt about the genuineness of registration, as it appears from those deeds the attesting witnesses in the two deeds, are same persons who are the father-in-law of defendant No.5 and maternal grand father of defendant Nos.1-4 ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....nce with their business dealings, the complainant petitioner supplied aluminum steel goods worth Tk. 2,36,00,000/-, against which two bills were submitted, each for Tk. 1,18,00,000/-, and the accused persons paid on bill and the other remained unpaid and subsequently accused persons paid Tk. 50,00,0......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......nterference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....es from the passengers and charges for the luggage and parcels etc. of train Nos. 411/412, 453/954, 6455, 6455/456, 461/462 running in the route of Lalmonirhat-Burimari-Parbotipur Section; that 11 persons collected tender schedule but only two organizations submitted the tender namely, Islam Shi......ner which was subsequently confirmed by another letter dated 12.9.2002,  the writ-petitioner further contended that the said letter is arbitrary, malafied and issued at the instigation of the interested quarter with ulterior motive just to harass and humiliate the writ-petitioner. That the ......he High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....ommencement, stand void and be of no effect." 14. He also referred to Indemnity Ordinance of 1975 being Ordinance No. LX of 1975 where Restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought in and the ordinance was promulgated in t......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......on raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101