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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....the lower Appellate Court correctly held that the plaintiff failed to prove title to suit land on the basis of accretion of the land to the riparian owner i.e. the ex-landlord. 6. On the other hand it is undisputed from the plaint and written statement that suit land is the accreted char land......ion 87. The use of the word "Malik" shall be deemed to have been substituted for the word rayiat or "tenant". The use of the word "raiyat" or "tenant" in sub-section (2) of section 87 of the Act to denote a person whose right to hold the newly added land as accretion to his holding or tenancy might ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
...., the petitioners and B.N.P. took a public stand, both inside and outside Parliament, that the two members upon their joining the Awami League Cabinet ceased to be members of Parliament. On the other hand, each of the concerned members had tried to defend their position by claiming that Article 70 o......ip so determined he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament. (4)……………………………………... 34. It may be noted here that Article 70(1) relates to conditions for vacating a seat from Parliament by a member,..Category: Constitutional Law | Date: | Hits: 171
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......erson who has raised the dispute, hereinafter reÂferred to as the parties to the dispute, and send the statement to the Election Commission to hear and determine the dispute. 24. The point to note here which has been missed by the learned Counsels of both parties as well as the High Court Di..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......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......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
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......1991 for availÂing of Tk.9, 25,000.00 (nine lac twenty five thousand) payable with interest at the rate of 8.5% along with half yearly rent and the petitioner and his partner executed a promÂissory note to that effect. But neither the petitioner nor his partner executed any regÂistered or unregis..Category: Property Law | Date: | Hits: 29
....uthority has any reason to detain a person under section 3 of the Special Powers Act, the detention can be made by making an order under the provisions of that section and when such order is made and handed over to the police for detaining the person, the order shall be treated as warrant of arrest ......ses the power to pass an order authorising detention in the custody of the police. Though the above provisions empower the Magistrate to authorise the detention in police custody, it is surprising to note that no guideline has been given in sub‑sections (2) and (3) as to the circumstances under wh..
Category: Constitutional Law | Date: | Hits: 137
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......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......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....... 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
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...... 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
.... 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......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
....roperty. The suit property was then allotted to the father/husband of the plaintiffs, Sona Miah, a Police Habilder serving under the Government of Bangladesh, by allotment letter dated 03.02.1973 and handed over possession on 05.02.1973. The said allottee Sona Miah paid rent for suit property firstl......letter dated 03.02.1973 and handed over possession on 05.02.1973. The said allottee Sona Miah paid rent for suit property firstly 11/2 and then 5% of his salary as a Police Habilder as per the demand note dated 15.05.1975 issued by the defendants.
4. The said allottee, Sona Miah, had been liv..
Category: Property Law | Date: | Hits: 23
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... applicable or not in this case, the learned Advocate on record submitted that the High Court Division, committed an error of law in affirming the judgment and order of the labour court and failed to note that retirement is not covered in section 25(1)(b) of the Employment of Labour (Standing Orders..
Category: Labour and Industrial Law | Date: | Hits: 110
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...... 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......t of the High Court Division has been upheld by this Division by judgment and order dated 20.10.2008 passed in Civil Petition for Leave to Appeal Nos.1340 and 1918 of 2007.
27. It is surprising to note that the appellants in Civil Appeal No. 111 of 2008 who were respondents in the above writ peti..
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......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.
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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. ..Category: Civil Law | Date: | Hits: 136
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......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......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
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