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Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......bsp; the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor and pre-emptee Nos.1-5 are co-sharers by inheritance in the disputed holding. Since the original jama of the C.S. Khatian remained intact, the pre-emption case hit by s..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ition for Leave to Appeal is directed against the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 5047 of 1998, discharging the Rule upholding the order No.34 dated 15.10.1990 passed by the Additional Assistant Judge, 1st Court, Gazip..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......mitted that the proceedings leading to the impugned order of retirement being taken when the writ petitioner was acting as a Magistrate in the Executive Branch, the High Court Division erred in holding that the proceeding was bad for want of consultation with Supreme Court as required under ..Category: Employment/Service Law | Date: | Hits: 62
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ...... to serve the notice. On the aforesaid finding the High Court Division made the Rule absolute. 7. The learned Counsel for the petitioner submits that the High Court Division was in error in holding that the person who served the notice was not authorized to serve the same since Gazette N..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......e above the victim committed suicide. 8. Accordingly we are of the view that the High Court Division considering the evidence on record and the circumstances arrived at a correct decision in holding that the respondent is entitled to benefit of doubt as the prosecution failed to prove the ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......ted July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (hereinafter the property) wherein the Gulshan Police Station was at..Category: Property Law | Date: | Hits: 28
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......discharged the Rule. 5. We have heard the learned counsel for the petitioner and perused the judgment and order materials on record. 6. As it appears the High Court Division discharged the Rule holding that in the plaint the plaintiff No.1 described himself as "¯^qs †mevBZ c‡¶ kªx kªx ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......shment by issue of orders retrospectively and giving retirement benefits provided they had the prescribed length of service, the learned Administrative Appellate Tribunal committed an error of law in holding that the petitioner being a work charge employee is not entitled to get pension benefits." ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......tunity to defend him. 4. As against that the defendant bank preferred Other Class Appeal No.30 of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby princi..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......ption Act, 1947 and initiation and continuation of the above proceeding against the petitioners are abuse of the propose of the Court. 5. As it appears the High Court Division discharged the Rule holding that the charge sheet in G.R. Case No. 20 of 1997 was received by the learned Chief Metropol..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......ernment Khatian and has been paying municipal taxes, gas bills and so the decision of the High Court Division does not call for any interference. 6. The High Court Division made the Rule absolute holding as follows: "On perusal of the Judgment of the Court of Settlement we find that while di..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... the accreted land surveyed and prepared the ÒPPv© g¨vcÓ with the "PPv© " plot. The learned Counsel further submitted that the trial Court was not in error in holding in the background of the materials on record that the plaintiffs failed to prove that there..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......f the Constitution of the People's Republic of Bangladesh. 3. Upon hearing the parties a Division Bench of the High Court Division discharged the rule by judgment dated 18th November, 1998 holding, inter alia, as follows: "We have considered the case of Md. Srafiullah V. The..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......politan Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under section 202 of the Code of Criminal Procedure and for report. The sai..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... the Circle Officer (Rev), Tejgaon Circle, Dhaka to hold enquiry and furnish report as to whether the property in question was vested and non resident property and then the Circle Officer (Rev) after holding local enquiry submitted report vide his Memo No. 266/1107/81 dated 17.04.81 and the conten..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......ntiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as courts below were not in error in holding that the suit filed by the plaintiffs is not maintainable. The learned Advocate-on-re..Category: Property Law | Date: | Hits: 19
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......e High Court Division by the impugned judgment and order dated 28-06-1994 made the Rule absolute and after setting aside the judgment and decree of the lower appellate Court decreed the suit holding, inter alia, that the lower appellate Court had wrongly affirmed the trials Court's decree..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......ng was restored. The respondent No. 1 then moved the High Court Division and after hearing the High Court Division made the Rule absolute and restored the order passed by the Board of Revenue holding that the order dated 7.7.1987 passed by the Government confiscating the vessel imposin..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......s.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 is illegal and void; the above defendants then preferred ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... the knowledge of the preemptor, the pre-emptees erected houses in the suit land and got the sale deed executed and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same. The preemptees have spent Tk.2, 50,000/- for development of the suit land. ..Category: Property Law | Date: | Hits: 26
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