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Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
.... 57. It is no doubt true that these and many other questions would have arisen before it was found out whether the two B.N.P. members had resigned from the party and thus vacated their seats. Many disputed questions of facts would have been resolved upon such evidence as might have been led by th......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
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. ......visions of Article 70 of the Constitution and hence the Speaker was not required to refer the matter to the Election Commission in terms of Article 66(4) and that the High Court Division was wrong in holding otherwise upon an erroneous construction of the expression 'resign" appearing in Article 7..Category: Constitutional Law | Date: | Hits: 138
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......tin J.- This petition for leave to appeal is directed against the judgment and order dated 19.02.2008 passed by the High Court Division in Criminal Appeal No.337 of 2002 dismissing the appeal and upholding the judgment and order dated 31.01.2002 passed by the learned Additional Sessions Judge, Nob..Category: Others | Date: | Hits: 66
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......rother Khorshed Alam Mintu, his nephew Zumman, his two sisters namely, Samsun Nahar and Noor Nahar. But the respondent himself is the owner of the said property of Tk.9,75, 26,646/- which he has been holding in the name of his relatives to conceal his illegal property. The property worth of Tk.6,5..Category: Others | Date: | Hits: 98
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....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. ......sideration of the judgment of both the courts below it appears that both the courts below on elaborate discussion of the facts, circumstances and evidence, both oral and documentary, decreed the suit holding that the transaction in question in between the parties is an out and out sale and the sam..Category: Property Law | Date: | Hits: 21
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....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. ......ion allowed the same and directed the trade mark of the petitioner to be varied by way of deletion and omission of the words "NABICO". 11. This Court by the impugned order dismissed the petition holding, inter alia, that the NABICO and NABISCO has a similarity which is prone to deceive the co..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ...... appeal being Title Appeal No.89 of 2001, the learned Additional District Judge, Fifth Court, Dhaka, allowed the appeal by his judgment and decree dated 27.02.2006 and decreed the suit in full, holding that Osman Miah and Osman Gani were not the same person. 5. Being aggrieved, the defe..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......fidavit having denied his involvement in committing war crimes during the liberation war in 1971 or at any other time. The High Court Division observed that it appreciate the Government's concern for holding war criminal's trial but that cannot condone the Government's act to restrict the citizens f..Category: Others | Date: | Hits: 115
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....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. ...... 2005 from the 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 o..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. 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) 295.......n-sale without interference of the Adalat for adjustment of the decreetal amount and thus the rule was liable to be discharged. 4. The High Court Division after hearing discharged the rule holding that the impugned order of attachment of moveable properties was lawful. The petitioner thus..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... 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. ......rs, they could have maintained an application under Order 21 Rule 101 of the Code of Civil Procedure for restoration of possession and thus, the learned Judges of the High Court Division erred in law holding that their application was not maintainable. Mr. Bhuiyan finally argued that since the petit..Category: Property Law | Date: | Hits: 28
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....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. ......am by registered deed of transfer dated 06.07.1987 and the Pre-emptee-petitioner sold more then his share in Cadastral Survey Khatian No.17. The Pre-emptee-Petitioner is a stranger to the transferred holding. 4. That Pre-emptor-Respondent-side, thereafter, by way of an amendment dated 16.05.1996 ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudulent and not binding upon him. 3. Appellant's case in short is that the original maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measurin..Category: Property Law | Date: | Hits: 20
....ed due to failure of the state to protect the life but, at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisdiction it will not be possible to give......uiry into the case of death either instead of, or in addition to, the investigation held by the police officer, and it he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....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. ......ave petitions. 3. We have heard the learned counsels of both the sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25-9-1995 and the victim made his dying declaration on 2..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....intainable. 5. Mr. Mahmudul Islam, the learned Counsel appearing for the appellants in Civil Petition No.1759 of 2002 submitted that the appellant having prayed for declaration of title of the disputed land which became clouded in view of the judgment and order of the High Court Division date......e dated 16-2-1995 dismissed both Title Suit Nos.16 and 25 of 1992. The appellants preferred First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dismissed both the appeals holding, inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....es and whether the trial of the appellant on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004 constitute an offence under the Durnity Daman Commission Ain are disputed facts can only be decided on evidence at the trial. This is not a case that the allegat......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. ..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... to the confessional statement during his examination under Section 342 of the Code of Criminal Procedure. The confession was never retracted by the petitioner. Relying on this confessional statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. How..Category: Others | Date: | Hits: 63
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......ight, title and interest in the suit lands. 5. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 10th September, 1994, decreed the suit in part holding that the plaintiffs came to Court with defective title but their predecessors had possession..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......2. Respondent Nos.1 and another instituted the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case la..Category: Property Law | Date: | Hits: 21
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