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Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......ion 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 initiated the project namely “Establishment of two storied central chemical laboratory i......ated 06.08.2001 requested the Secretary, Ministry of Establishment to take further necessary steps to implement the decision taken on 26.07.2001 in the inter ministerial meeting. The organization and management department of the Ministry of Establishment issued Memo dated 27.01.2002 (Annexure-‘Jâ€..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....u Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament SecreÂtariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 199......ed their allegiance and joined the Treasury Bench. Ignoring parliamentary rules and practices and knowing very well that BNP is the principal opposition party in the Parliament and is opposed to the Government, the aforesaid members of Parliament took oath of office as Ministers of the present Gover......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....ntiff by a registered sale deed dated 29.3.1990 with an agreeÂment of reconveyance executed and regisÂtered on the same day. The time of reconÂveyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per ag......ion No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the d......sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....of the Faridpur District Minibus Owners Samity. In pursuance of the said order, the writ respondent No.5 issued a letter upon the writ petitioner under memo dated 13th November, 2008 directing him to hand over charge of the affairs of Faridpur Minibus Owners Group. The writ petitioner made a repreÂ......o Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
State Vs. Shahin and others, 2009, 38 CLC (AD)
..........Respondent Judgment April 27, 2009. Cases Referred To- Sk Shamsur Rahman vs State 42 DLR (AD) 200; Tapinder Singh vs State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawye......an application made by Rabiul Alam, the investigation officer, but the CD shows that one Abul Bashar conducted investigation from 25-9-1995 to 27-9-1995 and he, on 27-9-1995 at about 19 hours, handed over the case diary to the Detective Branch and Rabiul Alam, the subsequent investigation offiÂcer,......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur described in schedule 'A' of the plaint from Chaturi Tanti an......ng the land of the appellants for the purÂpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Commissioner (Revenue) Dhaka or Sub-Divisional Officer and the same was ne......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....field of one Jabed Ali. Subsequently Md. Shawkat Alam held inquests upon the dead bodies of the victims, namely, Sanwara and Sadia. Thereafter the petitioner Sohel himself brought out the chopped off hands and legs of both the victims from a hole in the compound of their house. In due course, the pe......currence. In course of queries, it transpired that the dead body of a woman had been lying in Pir Hatikhana Beel. Soon afterwards, Md. Shawkat Alam along with the Commissioner Kadam Ali and others recovered a beheadÂed dead body in a plastic bag from the field of one Ali Mia in that beel and the ac....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....s also Reported in: VII (ADC) (2010) 216. ...... thereÂin; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not possess the same; that after whole sale acquisition the suit property vested in the Government and thereafter in 1951 Khepa Chand Bairagi took pattan of the suit land in his name correc....... In the case of Chunnu Mia Vs. Manindra Lai Roy and others reported in 39 DLR (AD) 42 it has been held that a permanent lease or absolute alienation of debuttar property is beyond ordinary powers of management whether in the case of the head of a math, the shebait of a family idol or the dharmakart..Category: Property Law | Date: | Hits: 29
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
....s laid down in the Circular dated 7.10.1991 filed an application for exemption but the appelÂlant did neither grant the desired exemption nor gave any reply to the above application and on the other hand started Money Execution Case No. 151 of 1992, even though the period of filing the same expired......ties and other various impediments, they could not start their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of 1975 against them to recover TK. 42,82,543.00 which included the principal loan amount and also the interest and on 30.8.198...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
..... ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repreÂsented by the Secretary, Ministry of Land, Bangladesh Secretariat Bu......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
.... 66,39,572.70. The suit was decreed and the carrier was directed by the Court to make payment within 90 days. Food Department filed Money Execution Case No. 16 of 1996 in the said Court. On the other hand M/S. Al Falah Shipping Lines Ltd. filed Admiralty Suit No.06 of 1986 in the High Court Division......g Lines Ltd. made an agreement on 23.10.1984 with Food Department as a Private Major carrier. The coaster Al Falah-I sunk on 25.01.1985 near Gazaria of Munshigonj District with 800.00 metric tons of government wheat. The coaster took look the wheat from Chittagong Silo on 23.01.1985 and was bound fr......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
Anti-Corruption CommisÂsion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... not entitled to any relief. In this connection the learned Counsel has referred the case of Anti-Corruption Commission vs Dr HBM Iqbal Alamgir, 15 BLC (AD) 44. 7. Mr. Rafique-ul-Huq, on the other hand, contends that since the Government has recomÂmended for withdrawal of the case from the prose......exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewel...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
....f powers Madison in his Federalist Papers No. 47 praised the philosophy of the doctrine in the following words:-
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may just...... Division
(Civil)
Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habi......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
....ated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana P.S. Joydebpur, District-Gazipur described in schedule ‘A’ of the plaint from Chatori Ta......ting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Commissioner (Revenue) Dhaka or Sub-Divisional Officer and the same was ne......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/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....it is fraudulent inasmuch as the privileges allowed by the bank in waving interest and allowing payment of the balance loan outstanding amount in installments were not communicated in one hand and on the other hand prior to expiry of the date allowed for payment of the installment......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....r, Sujit Kumar Bose was appointed Managing Sebayet on behalf of Bigraha and he was looking after the said Debattar property, transferred land in C.S. Plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of the ca......t Kumar Bose was appointed Managing Sebayet on behalf of Bigraha and he was looking after the said Debattar property, transferred land in C.S. Plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of the case land......e property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management of the property in deity by Managing Sebayet. After transfer of C.S. Plot No.65 to the de..Category: Tenancy Law | Date: | Hits: 214
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....g documentary evidence that she has possession on the suit land for which the Court of appeal below found that the petitioner is not entitled to get a decree for permanent injunction. On the other hand, the Court of appeal below also found that the land which was the subject matter of the muktip......cord relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same through differ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....rt Division in Civil Revision No.1788 of 1997 making the rule absolute upon setting aside the judgment and decree dated 19.11.1996 passed in Title Appeal No.13 of 1995 by the learned District Judge, Chandpur, affirming those dated 30.11.1994 passed in Partition Suit No.113 of 1994 by the learned Sub......remand in exercise of its inherent power. The power of remand by the appellate court is not limited to specific case mentioned in rule 23. The court may also order a remand in cases other than those covered under rule 23 and may do so also under section 151 of the Code if it becomes necessary for th......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....of. In view of such position without finding any inconsistency in the thumb impression of the donor, the High Court Division was wrong in disbelieving the registered instrument merely comparing the hand writing of the scribe inspite of the fact that subsequent documents were written after 8 year......epriving them and there is reason to conceal such execution of deeds of gift to his wife and it is natural that in any case of such sort of gift the other members of the family should be aware. Moreover, the suit land was admittedly mortgaged with the Bank on 01.04.1975 and that mortgage deed has...... 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
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... that letter addressed to writ-respondent No.4 stated his inability to increase the bid money on the ground that the train No.411/412 and 453/454 run during the rush hours of the day, on the other hand, train No.461/462 and 455/456 would run only during off-peak hours for which it would be less ......ngers and charges for the luggage and parcel etc. of train No.461/462 and 445/446 stating, inter alia, that the writ petitioner is the proprietor of Islam Ship Builders and Heavy Engineering. The Government of Bangladesh privatized all the trains of the country except the Inter-City trains to ov......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
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