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Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......to the Speaker, his job is make a reference to the Election Commission. What is important to member is that the Speaker has not power to adjudicate upon the matter in dispute. He is only to act as a 'post office'. The learned Attorney General repeatedly tried to impress that a strict interpretation ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ......completion of the project step could be taken to absorb the project in the revenue  budget on the basis of the project proforma on 17.11.1999 a circular was published for appointment in the deferent post of the project. In the advertisement, it was mentioned that after successful completion of the ...... ..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....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. ......scribing in what manner or method a member of Parliament shall resign from his political party, the Constitution intended that this resignation will not be as formal as the holder of a constitutional post is required to observe when he submits his resignation. He argues that the absence of any speci...... should vacate 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

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....cused per­sons under Sections 147/148/447/4487 323/379/380/114/302 of the Penal Code.  4. Thereafter the case was sent to the Court of learned Sessions Judge, Kishoregonj for trial which was registered as Sessions Case No.23 of 2001 and the learned Sessions Judge transferred the case to the......sp; 3. On receipt of the F.I.R. the investigation officer visited the place of occurrence, prepared the index and sketch map there­of, seized alamats and sent the dead body of Aslam to morgue for postmortem examination after preparing inquest report. Thereafter he recorded the state­ments of th......­ation and evidence on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ..

Category: Criminal Law | Date: | Hits: 294

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....he khas waste land is Forest Land and is protected. 9. The learned Additional Attorney General further submitted that it has been categorically  stated in the affidavit-in-opposition that the registered deed of the petitioner is a forged ante-dated document and that in view of the existence ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......urther declaring that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....decreed accordingly. 6. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing on behalf of the peti­tioners, submits that Samiruddin during his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his grand son Hasanuddin. 7. In support o......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......ree passed by the High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and deliv­ered him possession. The Khatian has also been prepared in the name of Ob......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......at the plaintiff-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..

Category: Property Law | Date: | Hits: 18

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

.... of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agree­ment of reconveyance  executed and regis­tered......spon­dents 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. ......ocate for the respon­dents 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

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....ed at Tk. 38,000/- for 4 decimals of land. He received at Tk. 8,000/- as earnest money and had executed an agreement and there­after, on receipt of the balance considera­tion money, he executed and registered a sale deed on 29th September, 1994. 4. The defendant No.3 contested the suit by f......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......rials on record arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....rt Division in Trade Mark Application No.13 of 2002 filed by the respondent No.1 under Section 46 of the Trade Marks Act, 1940, allowing the application and making the Rule absolute and directing the registered Trade Mark No.21508 dated 18.12.1984 in Class-30 to be varied by way of deletion or omiss......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......o ground to review our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ointly built a building wherein plaintiff spent Tk. 55, 000.00 and plaintiff accordingly, got 4(four) annas share of building. Defendant No.3 gifted his .248 acres of land in favour of plaintiff by a registered deed of gift dated 26.11.1990 and placed plaintiff in possession of gifted land. Defendan......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......High Court Division which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

.... plot No. 254 was settled to Abdur Rahim Sheikh by aforesaid Nayab Ali on 04.08.38 and Tezarat and Alekjan on 08.02.39 by patta. After death of said Rahim Sheikh his son Mahatab got the same and by a registered Kabuliyat dated 28.5.48 he settled the same in favour of father of the petitioner; that t......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......on and as such we do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....some other owners of vehicles formed "Faridpur District Minibus Owners Samity" in 1982. The Samity was affiliated as a sister concern of Bangladesh Sarak Paribahan Samity on 26th May, 1986 and it was registered on 6th October, 1999. The Samity applied for licence to the Ministry of Commerce, Governm......he Ministry of Commerce addressing the President of Faridpur District Minibus owners Group although there was no existence of any organisation in such name. The writ peti­tioner has been holding the post of the President of the Samity since 1993, and he was elected for the second term on 17th March......In view of the above, 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

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....din and Mohiruddin and they settled 5.15 acres of land with one Ibrahim Mia and thereby they exhausted all their interest by transfer in the suit land. Ibrahim Mia trans­ferred 4.65 acres of land by registered "patta" being No. 517 dated 13.2.1947 and 10 years thereafter Ibrahim Mia transferred .20......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......suit in respect of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

....nt debtor Salma Begum on mortgaging the property took loan as aforesaid, who had no right, title and interest in the said proper­ty. One Abdul Hakim Khan acquired the said property on the basis of a registered kabala deed dated 17th February, 1961, who had been in possession in the said property fo...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......will no stand on the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..

Category: Property Law | Date: | Hits: 28

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....wo (2) annas share respectively. Yukub Ali out of his 7.23½ acres of land transferred 2.20 acres of land in favour of Ibrahim Khalil Majumder and others. Out of remaining 4.53½ acres of land by two registered sale deeds dated 17.04.1926 in favour of Karimuddin Bepari, father of Pre-emptee-Petition......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......d to consider the ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..

Category: Property Law | Date: | Hits: 27

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... the cause of the death describing marks of injuries found on the body stating in what manner or by what weapon the injuries appear to have been inflicted. The Magistrate shall then send the body for post mortem examination. The report of such examination shall be forwarded to the same Magistrate im......8) Cases Referred to-  DK Basu Vs. State of West Bengal, (1997) 1 Supreme Court Cases 416; AIR 1977 SC 610 (1991) 2; Supreme Court Cases 373 AIR 1990 SC 513; Masdar Hossain's case, 7 BLC (AD) 92. Lawyers Involved:  Dr Kamal Hassain with M Amir‑ul Islam, Idrisur Rahman, AM Ma..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

.... investigation, submitted charge-sheet against the respondents and other accuseds under sec­tion 302/34 of the Penal Code. After receiving the case record the learned Mahanager Sessions Judge, Dhaka registered it as Mahanagar Sessions Case No. 3656 of 1999 and framed charge against the, respondents......em and it is unbelievable that though the victim was alive for more than seven days and was in hospital but none of his relations including P.W. 1 visited him and fur­ther P.W. 10, who conducted the post mortem examination, in his deposition stated that there are numerous serious injuries sustained......................Petitioner Vs. Shahin and others...... ............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 Guj..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....their lands includ­ing suit land of the above mouza Chandana with the land of Shamsul Hoque, Enamul Hoque and Tahera Sogra Begum at Bardwan and then a deed of agreement was duly execut­ed which was registered on 30-10-1963 and pur­suant to the above agreement the parties hand­ed over the possess......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......l Majid Bepari vs Kashem Ali Maloo 27 DLR 1; Shanmughasundaram Filial vs Parvathi Ammal AIR 1945 Madras 454; Holy Cross vs Lonnappan AIR 1990 Kerala 215 and Altaf Hossain vs Abdul Aziz Beoari 47 DLR (AD) 106. Lawyers Involved: Mahmudid Islam Senior Advocate, (Probir Neogi, Advocate wit..

Category: Property Law | Date: | Hits: 29

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....aid provision on 20th April, 2008. 2. The case record was eventually sent to the Metropolitan Senior Special Judge, Dhaka for put­ting the appellant on trial where Special Case No. 10 of 2008 was registered. Learned Special Judge after taking cognizance of the offences framed charge against the ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ther remedy is available. â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(8) Cases Referred To- MS Khawaja vs State, PLD 1965 SC 287=17 DLR SC 153; Md. Shamsuddin @ Lambu vs State, 40 DLR (AD) 69; Jairam Das vs Emperor, AIR 1945 PC 94; Emperor vs Nazir Ahmed, AIR 1945 PC 18; Abdul Quader ..

Category: Anti-Corruption Laws | Date: | Hits: 195