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Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906....... Court Division is to deter­mine whether the authorities con­cerned made proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either fr..

Category: Property Law | Date: | Hits: 33

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......pposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advocate (appearing in person) — The Petitioner. Not represented— the Opposite Parties. Civil Revision No. 3277 o..

Category: Civil Law | Date: | Hits: 81

Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)

....e above, 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: VII ADC (2010) 885. ......to abuse them. On this accused Majibor threw Ballam at Dulal which hit his right knee causing grievous bleeding injury. Accused Nazim Uddin assaulted Dulal with lathi causing swelling injuries on his person. At the screaming of Dulal, infor­mant's uncle Fazar Ali, aunt Amena Khatun, niece Madina Kh..

Category: Criminal Law | Date: | Hits: 40

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878....... and at the same time she became a Muslim. After marriage two sons were born in the wedlock. Before marriage the defendant had two wives and six sons and four daughters, the defendant is an ambitious person. The plaintiff bought a house and land with her own money. On 13.07.2006 the defendant tried ..

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..

Category: Civil Law | Date: | Hits: 65

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ......(1998) 7 SCC 739; and B Sing (Dr) vs. Union of India: (2004) SCC 263. Lawyers Involved: Dr. Kamul Hossain and M Amirul Islam and Ajmalul Hossain, QC with Dr. Shahdeen Malik, Idrisur Rahman (In person), Md. Farhad Ahmed (In person), Tanjib-ul Alam, ABM Siddiqur Rahman—For the Petitioners. ..

Category: Constitutional Law | Date: | Hits: 253

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... of the Rule are that, opposite party No.1 made an application before aforesaid Assistant Judge for an order for appointing her guardian of her minor daughter, Mahmuda Islam Jhinuk in respect of both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was th..

Category: Family Law | Date: | Hits: 179

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......zumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J...

Category: Property Law | Date: | Hits: 37

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......It may be pointed out that the admission, as was made in paragraph 10 of the written statement, is a kind of inference on law and an admission on the point of a legal position is not binding upon any person and withdrawal of such an admission is not likely to prejudice anybody." 25. After reading..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......ltercation between them whereupon Kalu Sk went home and returned with the appellants and others. They forcibly took Shaymol to a nearby field and beat him with lathis causing bleeding injuries on his person. On hearing the hue and cry Shayamol Kanti the informant and witnesses Shashi Bhushan Majhi, ..

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......e estopped from enforcing his right of preemption if he abandons such right either expressly or by implied conduct. Their Lordships, held in that reported case that the acquiescence implies that if a person abstained from interfering while a violation of the legal right is in progress it operates by..

Category: Procedural Law | Date: | Hits: 75

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......erms say who is entitled to prefer an appeal. The Code, however, lays down that it is the decree or the order that has to be appealed against. If the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the..

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......ontemplated under section 4(2) of Act 26 of 1957. 10. The learned Advocate for the appellant referring section 4(1) of Anti-Corruption Act 1957 has submitted that in order to issue a notice upon a person asking him to furnish particulars of his property declaring the sources thereof requires init..

Category: Criminal Law | Date: | Hits: 83

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ...... the revision application. 12. In Abdus Sattar Khondaker Vs. Premlata a single Bench of this Division confirmed an order of the trial Court which set aside an ex parte decree obtained against dead persons by suppressing summons upon the view. “there are authorities which lay down that even a..

Category: Civil Law | Date: | Hits: 125

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......rank of Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the schedule thereunder, the authority to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his..

Category: Employment/Service Law | Date: | Hits: 80

Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)

....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500........11.1995 filed Title Suit No.215 of 1995 in the 2nd Court of learned Assistant Judge, Narayangonj, for declaring her title in some portion of the joint family property. The plaintiff is an illiterate person, can put his signature only, and on the other hand, defendant No.1 is a literate person, havi..

Category: Property Law | Date: | Hits: 20

Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ransferred to Rajshahi Zilla Parishad. This order of transfer was challenged in the writ petition. 3. The High Court Division alters hearing, found that the Government is empowered to transfer any person including the peti­tioner under the provisions of Section 39 of Zilla Parishad Ain, 2000 rea..

Category: Employment/Service Law | Date: | Hits: 71

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... 1965 applies, and in both the Acts 'commercial establishment' has been similarly defined. The defini­tion of "worker" as given in section 2(V) of the said Act runs as follows:- "Worker means any person including an ap­prentice employed in any shop, commercial es­tablishment or industrial esta..

Category: Employment/Service Law | Date: | Hits: 76

Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......as served by hanging on the al­leged refusal by the petitioner to sign the acknowl­edgment. But surprisingly from the deposition of D.W. 2 Kabir Ahmed it is found that he could not say who were the persons present at the time of de­livering the summons by the process-server and who were the attes..

Category: Property Law | Date: | Hits: 29

Angur Vs. State, 1988, 17 CLC (HCD)

....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......ant of the launch "Mamun") on 29.9.77 at 9 P.M. at Bajitpur police station under sections 395/397 of the Penal Code, the police investigated the case and submitted charge- sheet against three accused persons including the present appellant. 4. Out of the 3 accused persons, appellant An­gur Mia v..

Category: Criminal Law | Date: | Hits: 42