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Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....or more then 30 years and S.A. Khatian was prepared in his name. The plaintiff made a gift of the land along with the shop standing thereon in favour of the defendant Nos.1-5, his sons by 2nd wife by registered deed of gift. Bazlus Sobhan instituted Title Suit No. 130 of 1980 for ejectment of the pl......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......igh Court Division took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....ords and the aforesaid four tenants right and tile upon the C. S. plot No. 381 and 382 were confirmed and then the plaintiff and his brother Kamal Chandra Dakua on 19.06.1954 with the help of registered patta No.831 made settlement of land measuring 2. 64 of plot No.381 in favour of Su......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......side the appellate judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....possession of the suit land and other lands but after the death of their mother Mosina Bibi both the brothers decided to partition the suit land amicably for further convenience. Accordingly a registered partition deed was executed on 19.03.1988. As the share of Kamar Uddin in the homestead ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... petitioners are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....decimals of land to the respondents Nos.4 and 5 and that the pre-emptors, who are the co-sharers of the case land did not get any notice of the said transfers and the pre-emptees executed the registered the kabala in collusion with each other secretly and the respondent Nos.2-5 are stranger......re 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: VI ADC (2009) 772. ......t decision and 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: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ntly transferred their share in favour of Rahman Munshi by a kabala dated 17.11.1927; Megha Munshi also transferred his entire share of land in favour of Rahman Munshi in the year 1928 A.D. by an unregistered kabala at a consideration less than Tk.100/- and handed over possession of the same in f......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......t out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......mmission where in it was decided that if the ad-hoc appointees had appeared at the interview with outside candidates when applications were invited, after ad-hoc appointment for filling up the said posts and the ad-hoc appointees could not become successful at the interview before the Public Servi......(3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judgment May 4, 2003. Result: The appeals are allowed Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR (..Category: Employment/Service Law | Date: | Hits: 118
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....e High Court Division discharged the Rule holding that admittedly the auction purchaser, the respondent No.4, has already got the sale deed in respect of his auction purchased property executed and registered from the respondent No.3 bank and in view of the above, in terms of the provisions of su......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: ......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: ..Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ry being great enemies of Islam and mankind. 350. Mr. Attorney General strongly urged upon us to ensure that no learned Chief Justice should bow and yield to force and pressure and take the post of Chief Martial Law Administrator or administer oath to any usurper in future, disgracing th...... and order passed by the High Court Division in the Writ Petitions scrapping the Indemnity Ordinance,1975 and upholding the Indemnity Repeal Act being Act No.21 of 1996 (Ref: 49 DLR 133 and 18 BLD (AD)155). Thereafter, the instant proceeding started and trial of 20 charge-sheeted accused includi..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......d before the third Judge. Supreme Court of India held that Section 429 of the Cr.P.C. contemplates that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 480. In...... stage, while in the High Court Division at the time of hearing of the death reference and the respective appeals. 509. In the case of Haider Ali Khan–Vs-the State reported in 14 BLD (AD) 270, the Appellate Division of the Supreme Court held that the jurisdiction of the Court below..Category: Criminal Law | Date: | Hits: 208
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....his son and daughter Atarjan. Malu Mallik died childless and his share devolved upon his sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed,......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......said facts and circumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......nment. In the circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..Category: Property Law | Date: | Hits: 32
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. It has been further asserte......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......ppellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A.K.M. Rezaul Ka..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......ffect. 2. It is the case of the petitioners’ are that the Ministry of Establishment vide Memo No. ME (Admin-3) recruitment 1/2004-1055 dated 12.07.2004 decided to filled up 70% vacant post of class III of different collectorate. The Divisional Commissioner, Chittagong after ascerta.......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Choudhury, with Mrs. Syeda Anwara Satter, Advocat..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......was directed to take necessary steps immediately in this matter. On 16.09.2006 in the “Daily Naya Digonta” a advertisement was published inviting application from the candidates for the post of Principal of the said College. There was six applicants for the post of Principal. The Sele....... are directory and cannot be enforced through Court.” 14. The case of Talekhal Progressive Fisherman Co-Operative Society Limited Versus Bangladesh & others reported in BLD 1981 (AD) 103. Their Lordships held that memorandum issued by government and rules relating to settlement..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ivision held contrary view regarding their respective status and seniority i.e. dislodging their existing seniority over the writ-petitioner whereby their existing constitutional position as to their posts and consequent seniority which was dislodged by the impugned judgment while appointing the wri......e Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhury and others Vs. Bangladesh, 41 DLR (AD) 165; Secretary, Ministry of Finance Vs. Masder Hussain and others 20 BLD (A.D.) 104; Bangladesh ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
.... alia, that the plaintiff purchased the suit land from one Monoza Khaton who was possessing suit land for about 24 years and then transferred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. Th......he 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: ......he 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: ..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....or marking as exhibit of some imported document of title VIZ certified copy of judgment and decree dated 29.05.1981 passed by the Sub-judge, Rajshahi, certified of kabala deed No.12854 executed and registered on 23.04.1974 by Sub-Divisional Manager, Nawabganj in favour of the father of the plain...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....ase of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....rence being the second of its kind under Article 106 of the Constitution, the first one being Reference No.1 of 1995, was referred to this Court by the President of the Republic on 17.08.2009 and was registered as Special Reference No.1 of 2009. The Registrar served notice upon the Attorney General ......tted by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of ex-post facto legislation because of the constitutional immunity provided in this regard by Article 45 ......J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......inquest report, did not disclose any injury on the armpit of deceased Mohsin and such statements being a primary evidence as recorded by P.W.11 S.I. Ahamedur Rahman having been in conflict with the postmortem report and the deposition of P.W.10 Dr. Sanjoy Kumar Pal who proved the injuries on the a...... July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Bi..Category: Criminal Law | Date: | Hits: 60
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