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Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....earned High Court Division without entering into the merit of the case passed the impugned judgment and order hence the impugned order is liable to be aside; that the High Court Division was wrong in holding that the petitioner is a defaulter though the respondent No.1 admitted in his plaint of the ......icted being defaulted in payment of rent and that the defendant No.1 most illegally without taking consent of the plaintiff broke part of the roof of the suit premises and replaced it by affixing tin over there and opened an additional door by breaking the wall of the suit premises and sub-let the s..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....e Court was that R.S. record was wrongly prepared in the name of the defendants. The High Court Division on consideration of the evidence on record found that the appellate Court was quite correct in holding that the plaintiff has right, title and interest and possession in the land in suit on the b......ce there was formal defect and thereafter filed the instant suit. 4. The suit was contested by the defendant Nos.4-6, 15-17, 61-62, the defendant Nos.20, 21, 23, 52, 54 and 63-65 and also by the Government of Bangladesh by filing separate sets of written statement. 5. The first set of defend..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... reported 42 DLR 66 all the cases were civil proceedings governed by the Code of Civil Procedure. 16. Section 36 of the Ordinance provides that the Arbitrator, while holding any enquiry or proceeding under this Act, shall have the same powers as are vested in a Civ......ellip;……………………………………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector &am..Category: Property Law | Date: | Hits: 27
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... 32f of 1995 which was also dismissed on 12-12-1995. 9. Thereafter, the plaintiff-petitioner filed an application before the trial Court praying for appointment of Advocate Commissioner for holding local investigation for allotment of 'saham' allowed by the trial Court in the preliminary ......chased 0.70 acre of Plot No.125 from the heirs of Nizamuddin on 13-5-1955 and 4-12-1955 by two registered sale deeds (although quantum of the land was wrongly written in the sale deeds). The government acquired 0.45 acre out of 0.70 acre of suit Plot No.125 in LA Case No. 18 of 1949 and 47 ..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....6 against the accused respondent is barred under section 195(1)(c) of the Code of Criminal Procedure. 4. The High Court Division by the impugned judgment quashed the proceedings of the said case holding that investigation of the case by an Assistant Inspector of the Bureau is contrary to the ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....cation of the petitioners raising objection as to the valuation of the suit property. Moreso, according to the learned Advocate, the learned Joint District Judge passed the said order without holding any enquiry under section 8(C) of the Court-Fees Act. 10. Mr. Enayatur Rahim, learne......harging the rule. 2. The respondent Nos.1 to 216 as plaintiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were g..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....ants (Discipline and Appeal) Rules 1985 on six different allegations. He submitted his written statement on 9-5-1991 denying the allegations. Respondent No. 2 was appointed enquiry officer who upon holding submitted his report. The authority, however, ordered a second enquiry by the same officer...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh………………………&hell..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ivision Bench of the High Court Division in Writ Petition No. 463 of 1998 discharging the Rule Nisi and awarding a cost of Taka 5000.00 to each of the contesting respondents. 2. The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, Salman ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
.... the voters not to cast their votes in favour of the election-petitioner or canvassed to the voters in favour of opposite party No. 5. Shahidul Islam could not exercise any influence in the neutral holding of election in that centre. The Presiding Officer of Char Baleswar Primary School Centre, ...... Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superintendent of SM Darussunnat Dakhili Madrasha, was appointed one of the 4 Assistant Presiding Officers of Gharghata Government Primary School Polling Centre within Nazirpur PS, but he remained absent and engaged oppo..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ome of Chera Dangi Mela of Dinajpur. The trust was run by a committee selected by the local people for three years. The deed also provided for maintenance of accounts and its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are ...... also provided for maintenance of accounts and its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the que..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....f the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi......r delimitation.” 6. Indisputably, the authority concerned in this case, the Deputy Commissioner had the power to issue the notification dated November 30, 1976. Section 3 of the Local Government Ordinance, 1976 empowers the Deputy Commissioner to do the following: “..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ning about the enormous loss caused by the same till the fishing season is over. On receipt of the complainant the Deputy Commissioner was pleased to depute a Deputy Director (Revenue), Sylhet for holding an inquiry. Accordingly the said officer submitted a report. In spite of all efforts and en...... erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigation depar..Category: Civil Law | Date: | Hits: 89
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....r is an Additional Income Tax Commissioner and on the date of occurrence he was on duty at Chittagong, rightly discharged him. 4. As it appears the High Court Division made the Rule absolute holding that the learned Magistrate under section 241 A, Cr.P.C has authority to discharge any accu......he learned Counsel appearing for the petitioner submitted that the High Court Division failed to consider that though the FIR contained the name of accused petitioner but did not contain any overt act on his part and the learned Magistrate, on considering the above and also the other mater..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....d the respondent as an Inspector under Rajshahi Commissionerate under the provision of section 8 of Act No. XX of 2000. 10. The High Court Division has found exception to the impugned order holding that the impugned order in ultra vires Articles 133 and 136 of the Constitution rendering t...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangladesh and others..................Appellants Vs. Md. Salahuddi..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ition for leave to appeal. 18. During hearing of the leave petition Mr. Salauddin Ahmed, learned Additional Attorney-General, submitted that the High Court Division committed an error of law by holding that offence committed prior to the date of promulgation of the emergency cannot be tried un......te Division (Civil) Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another...........Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... vs. SS Singh but on a close reading of the case of RK Jain vs. Union of India and SR Bommai vs. Union of India as mentioned earlier, it is apparent that the judgment of AIR 1961 (SC) 493 is still holding the field, inasmuch as in Bommai Case Ahmadi, J held : "Of course, the privil...... (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary A..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... the cross suit. As against that the defendant No. 2 moved the High Court Division and obtained Rule in Civil Revision No. 562 of 1997 and after hearing the High Court Division discharged the Rule holding that the plaintiff being permitted to withdraw the suit there remained nothing for the......ng the written statement filed by the defendant No. 2 containing the counter- claim as a plaint in cross suit after withdrawal of the original suit by the plaintiff/respondent and in a suit for recovery of money where counter-claim is filed with court fees, there are, in fact, two suits in one f..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... for review of the said order but with no effect and thereafter the impugned order dated 20-9-1990 was issued. None opposed the Rule. This High Court Division, after hearing, made the Rule absolute holding that the writ petitioner/ respondent No. 1 is still in possession of the above 2.85 acres o...... having not delivered possession of the balance portion of 0.28 acres acquired land, the appellant No.1 who paid the full amount of compensation, requested the concerned authority for handing over to them the above 0.28 acres of land whereupon the Deputy Commissioner, Chittagong directed th..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....d under the above two President Orders and 18 appeals were preferred before this Court by the Government and this Court set aside all those judgments of the High Court Division and allowed 18 appeals holding: "The contention of Mr. Abdul Hye Choudhury and Mr. Serajul Huq that the restrictions......espondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....s such, they (defendant Nos. 13-15) ceased to be validly appointed teachers of the said school. The learned Advocate for the appellants further submits that the learned Single Judge erred in law in holding that in view of the order of status quo dated 13-2-1993 passed in Other Suit No.11 of 1993......plaintiffs 1-8 is valid and legal. 3. The plaintiffs' case, inter alia, is that Thakurbari Junior Secondary Girls School was established in the year 1988 and it was recognised by the Government on 13-10-1992. The defendants illegally constituted the Managing Committee headed b..Category: Civil Law | Date: | Hits: 110
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