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Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....se, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from the said land whereupon, Md. Pu......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....ng, subsequently problem cropped up due to declining personal relationship between writ-petitioner No.2 and the appellant and put the management structure of the Company in a shamble. At one point of time, the appellant alleged that she was illegally removed from the office of Managing Director of t......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....ion 4(Gha). 8. The writ respondent No.1 by its letter under memo dated 4th July, 1999 requested the Principal, Fulbaria College to furnish statements of the teachers and employees for changing the time scale and correcting MPO duly counter signed by the president of the Governing Body as per sche......hat the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....the Act, was issued by the Secretary of the Commission but he does not repre­sent the Commission and he is only one of its employees, to carry out the decision of the Commission. But at the relevant time there were no Commissioners, as such, apparently the notice on 18.02.2007 is, issued by the Sec......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... 1971 the petitioner was returning to Dhaka by plane but the plane could not land at Dhaka Airport because of the war and as such the plane at first landed at Colombo and as there was bombing at that time at Karachi Airport the plane went to Jeddah where the petitioner remained a few days wherefrom ....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....other decrees there is no specific relief to be incorporated in the decree drawn up pursuant to a judgment in a suit for permanent injunction. Section 48 of the Code of Civil Procedure prescribed the time limit for execution in all kinds of decrees except a decree granting injunction. This was neces......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

....hings and deeds done and actions taken during the aforesaid period which were required to be done for the ordinary orderly running of the country, and which were not otherwise illegal at the relevant time; 2. all transactions, which are past and closed, and no useful purpose would be served by re...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 222

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in respect of the ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

.... and on payment of required fees as demanded by the RAJUK. Thereupon, the purchaser Qazi Kamal applied to the RAJUK for mutation of the plot with building by enclosing a copy of the deed. In the mean time, some inimical persons of the original lessee made a complaint to RAJUK alleging that he got al......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....before the Adalat for execution of the decree dated 1-8-1991 and therefore, the first execu­tion case was barred by limitation under Article 182 of the Limitation Act. As the first execution case is time barred, all other subsequent application for execution of the said decree is also time barred a...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

....hammad and Dilip Hossain of the charge levelled against them. 10. Mrs. Salma Masud Chowdhury, learned Advocate, on being appointed by the State represented absconding accused Sanwar Hossain at the time of hearing of the Death Reference. 11. Mrs. Salma Masud Chowdhury has submitted that the lea...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...

Category: Criminal Law | Date: | Hits: 91

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

.... 2. The prosecution case, in short, is that on the night following 22.04.2001, one Sabu entered the room of Jobeda Khatun allegedly for immoral purpose but on being apprehended he fled away. At that time, many a people gathered there and the victim threatened his brother-in-law Biddyut for going th...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445...

Category: Criminal Law | Date: | Hits: 71

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....d a response from BCIC in the manner of an application of 5-2-2007 for vacating the above Order of injunction. In submitting on that application the learned Advocate for BCIC Mr. MA Samad argued that timely shipment of the consignment was the essence of the contractual arrangement and that the suppl......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

.... 2. The above writ petition was filed chal­lenging the legality of the auction notice published under Section 12(3) read with Section 33(1) of the Artho Rin Adalat Ain,2003, on the ground that the time frame of 15 (fifteen) days as stipulated in Section 33(1) had not been complied with. 3. The......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ate of order or decision of the Administrative Appellate Tribunal. What is more, the petitioners failed to explain satisfactorily the reason for not fil­ing the appeal within the statutory period of time. This being a discretionary power, this Division is slow to interfere with such order of refusi......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

.... Corporation vide registered Deed No.19943 dated 29.6.1974 which was executed by the Secretary, Ministry of Jute, Government of Bangladesh. 5. M/s. Haque Company was the tenant since long from the time of original own­ers and used to carry on jute business in the premises. The present plaintiff ......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....vention to section 47 of the Registration Act, wherein it is provid­ed that a deed of sale takes effect from the date of its execution and since the defen­dant's deed was executed prior in point of time it would take effect earlier than that of the plaintiff but the learned Judges on a misconcepti......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....e law which is already dead.” 14. It appears that, defendant only produced only one file and no other document. It appears that defendant tried to treat the suit property as enemy property first time in L.A. Case No.2/81-82, not before that. It appears that defendant did not give any explanatio...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

.... generally corroborating the F.I.R. account, however, appeared to have produced accounts of being recipients of a dying declaration supposedly made by a grievously injured Taposh at various points in time while being transported to the hospital. Also, most witnesses have differed on the circumstance...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....er the Guarantees. Following on the heels of such demand, and notably after the expiration of the Guarantees on 31.12.2006, the borrower vide letter dated 11.1.2007 requested the Petitioner to extend time for the adjustment of his liabilities. In response, the Petitioner by a letter dated 8.2.2007 c......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203