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Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......others Vs. State in 51 DLR 51 (wherein the Case of the petitioner was also decided). On perusal of the said paragraph No. 12, we are of the view that proposition of both the parties may be reconciled holding that the fact of illness of the petitioner indicated through Medical Certificates and other ..Category: Criminal Law | Date: | Hits: 26
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....t, Kishoreganj in Miscellaneous Appeal No. 58 of 1992 affirming those dated 22-08-95 passed by the Senior Assistant Judge, at Sadar, Kishoreganj in Review Case No. 20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Bra......AD) 260 the termination was issued in 1981 and the Rupali Bank was brought into the ambit of Administrative Tribunal Act in 1984. The Appellate Division confirmed the decision of this Division in holding that in view of the proviso to section 25 of the Standing Orders Act and the facts of the Ca..Category: Administrative Law | Date: | Hits: 165
....llant and, as such, their Lordships of the Appellate Division held:
‘No order of demolition can be passed under sub-section (5) of section 3B of the said Act unless finding is given that the disputed construction answers the description contained in clause (1) or (b) or (c) of sub section (......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
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Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....d by the defendant Nos. 2(0 6. Ozair Farooq further produce a copy of the judgment of the Appellate Division which was passed in the review petition and wanted to show that the plaintiffs claimed the disputed plot measuring 0.94 acre but the defendants claimed 0.0090 acre which is less than a decima......and of CS plot No. 371 and it was found that the defendant No.9 was possessing 0.8372 acre of land by virtue of agreement from the defendants. So, the trial Court dismissed the suit of the plaintiffs holding that the plaintiffs failed to prove right, title and possession in respect of 0.8372 acre of..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......erical mistakes and by incorporating therein the changes on account of— (a) the mutation of names as a result of transfer or inheritance; (b) the subdivision, amalgamation or consolidation of holdings; (c) the new settlement of lands or of holdings purchased by the Government; and (d) ..Category: Criminal Law | Date: | Hits: 59
....orney-General has further submitted that the respondents did not deploy any police force in evicting the sex-workers from their home. The press reporting and the statement of the petitioners led to a disputed question of fact on the fact of denial by the respondents and the same cannot be resolved i......prostitutes from their lawful residence has given cause to the petitioners to address the whole issue for protection and status of fundamental rights of citizens including women in prostitution and upholding the rule of law. The petitioners have alleged that the Government of Bangladesh is regularly..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....ht, title or interest of the writ-petitioner in the said flat and hence, the writ petitioner not having any legal right the writ petition is not maintainable; that the writ petition having involved a disputed questions of fact and of title as to whether there was a gift of the flat in question in fa......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....dering all the bids of the contending parties it was held in the meeting dated 14.03.2001 that the bid offered by respondent No.7 be accepted for quoting the highest bid of Tk.16,66, 66,666.00. It is disputed that 0.75 acre of land was allotted to the writ petitioner, as revealed from Annexure-D and...... Authority, respondent No.4 on lease hold basis situated beside the Karnaphuii River where it established its tank terminal business. The area of lease hold land is 1.53 acres which the petitioner is holding on yearly renewable lease since its establishment of the said business of tank terminal in t..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ove beyond all reasonable doubt that the offence of murder was committed." 15. In the instant case the death of the deceased Joyanti Munshi in the bedroom of her husband accused Azam Reza is not disputed. According to the prosecution she was assaulted to death. On the other hand the defence is ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... reduced to 10(ten) years to meet the ends of justice, on modification of the sentence awarded and therefore the conviction and the sentence under Section 326 of Penal Code as awarded are set aside holding the same to be illegal. The conviction and sentence as awarded for the offence committed und..Category: Criminal Law | Date: | Hits: 45
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......etitioner filed this petition for leave to appeal. 5. Mr. Md. Rokonuddin Mahmud, Senior Advocate, appearing on behalf of the petitioners, submits that the High Court Division erred in law in holding the agreement for lease as an ordinary commercial agreement between the two parties while ..Category: Civil Law | Date: | Hits: 90
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....earned Advocate Further submitted that the Title Suit No.254 of 2001 is pending before the Assistant Judge, Patuakhali regarding the question of illegitimate committee which requires determination of disputed question of fact on evidence in the High Court Division ought to have discharged the Rule. ......ondents by an illegal Managing Committee was questioned and to find out the fact an inquiry was held by the District Education officer, Patuakhali. The inquiry report was submitted on 10.06.2002 in holding that the appointment of the petitioner by the committee being is illegal and the office of..Category: Civil Law | Date: | Hits: 84
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ....... 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tena..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......non-consideration of the findings of facts recorded by the lower appellate Court. The learned Advocate further submits that the learned judge of the High Court Division committed an error of law in holding that the suit is barred by limitation and also in finding that the plaintiffs did not addu..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n the Court of District Judge, Tangail, which on transfer was heard and disposed of by the learned Joint District Judge, 4th Court, Tangail. 6. The learned Subordinate Judge allowed the appeal holding that since the suit as framed involved serious question of title, the plaintiff was required..Category: Property Law | Date: | Hits: 21
....efore the court of settlement, the writ petition was not maintainable and that the writ petitioner failed to discharge the onus of proof that the property was not an abandoned property and that the disputed question of fact having been involved, the writ petition was not maintainable.
5. ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
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Category: Property Law | Date: | Hits: 21
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......o. 17 and nothing much, but the C schedule describes the concerned property on the north-western corner of 'A' schedule of C.S. Plot No. 19 with the S.A. and R.S. plot members. Besides, the Municipal holding number has also been given with the description of the huts and structures thereon. 1..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......of the proceedings it appears that one of the arbitrators was excluded totally from the process of deliberation before the award was made.
We further hold that the High Court Division was right in holding that the 3rd arbitrator was neither consulted nor given an opportunity by the Chairman to de..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......hin sixty days of the receipt of the letter by the Government, such sanction shall be deemed to have duly been accorded. He finally submitted that the High Court Division committed an error of law in holding that the learned Special Judge did not commit any illegality in not taking cognizance agains..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... the coming into force of part V of the Act, to which sub-section (1) read with sub-section (2) of section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the instant case is different from those in the cited de......d 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 be recognized or declared by a competent authority or Court before the comm..Category: Property Law | Date: | Hits: 24
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