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Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......Ali sold 07 decimals of land to the contesting defendant and they are in possession. 6. The learned Assistant Judge on consideration of the materials on record decreed the suit in part holding that Ext. 6 = Ext. Kha was executed only by Ludu Molla and not by Samarthaban Bibi and as s..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......ted 22.11.2005 of the learned Third Judge of the High Court Division passed in Death Reference No.81 of 2003 (heard analogously with Criminal Appeal No.2798 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the..Category: Criminal Law | Date: | Hits: 52
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....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: ......ct that the property has been rightly included in the list abandoned buildings. The Court of Settlement, after hearing, allowed the case excluding the property from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case pro..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......quired dates. A local planning authority, which is required by regulations to give notice of its decision within two months, was held able to give a valid decision after three months. An earlier case holding that a delay of over two years would invalidate the decision has been disapproved, but it is..Category: Civil Law | Date: | Hits: 125
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......dgment and other connected papers. 6. The learned Counsel submits that since the period of transaction in question became past and closed one, the courts below rightly dismissed the suit in holding that the transaction was not alive when P.O. No. 88 of 1972 was promulgated and..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....e of Civil Procedure was moved on 06.03.2005 praying for an order restraining the defendant No.9 from interfering with the possession or otherwise dispossessing the tenants of the plaintiffs from the disputed property. The learned Joint District Judge after hearing the petitioner fixed 12.03.2005 fo......Civil Procedure in the Court of District Judge, Chittagong but the learned District Judge by his order dated 14.05.2005 without entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Tk.5,00,000/- the District Judge does not have..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... Mr. Rafique-Ul-Huq, the learned Counsel for respondent Nos.1-2 in both the cases and perused the judgment of the High Court Division and other connected papers on record. 9. It is not disputed that by Annexure-B dated 05.02.2002 (in C.P. No. 767 of 2005) the Ministry of Information...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ice Regulation of Bengal, Volume-1 and failed to consider the constitutional provision of Article 135 of the Constitution read with the legal facts that the authority appointing the petitioner was holding the post of Deputy Inspector General of Police as evident from amendment of the Police Regu..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ....... The petitioner was granted citizenship of United Kingdom in December, 1965 and he got British Passport in 1966 as a citizen of United Kingdom. At the same time he is also a citizen of Bangladesh holding dual citizenship. The petitioner came to Bangladesh on the 1st August, 2001 and went t..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....s stated in the writ petition that the Bank could not file appeal in time due to wrong information of the conducting lawyer vide Annexure-"K" and the statement of the Bank having not been disputed/denied by respondent No. 1, the findings of the majority Judges of the High Court Div......nst the judgment and decree though an appeal was the alternative remedy but instead the writ petition was filed before the High Court Division and Mr. Justice Shamim Hasnain made the Rule absolute holding that the Court ought to have decreed the suit against the guarantor and the writ petition i..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ...... are the petitioner's vendors on the date when the PO 16 of 1972 came into operation, the property could not be treated as abandoned property and the learned High Court Division were wrong in holding the same as and abandoned property; that the petitioner under duress and coercion acted in ..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 131. ......rded and the summons of the above suit, were duly served upon the defendants of the said suit and the suit was duly decreed on 20-1-72 and then Nafez Ali Laskar mutated his name and then a separate holding was prepared in his name and besides that a municipal holding was also prepared in his name..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......y including the suit market. The trial Court also took notice of few decisions reported in 47 DLR (AD) 6, 20 DLR 501, 35DLR (AD) 42 and followed the proposition of law laid down in those decisions holding "The state of things existed just at the date of institution of the suit to preve..Category: Property Law | Date: | Hits: 25
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... the Rule. 4. We have heard the learned Counsel for the petitioner and perused the records. 5. As it appears the High Court Division discharged the Rule holding that the provisions of sub-section (2) of section 12 of Ain 2003 do not apply to instant su..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....Procedure was moved on 6-3-2005 praying for an order restraining the defendant No.9 from interfering with the possession or otherwise dispossessing the tenants of the plaintiffs from the disputed property. The learned Joint District Judge after hearing the petitioner fixed 12-3-2005 fo......ocedure in the Court of District Judge, Chittagong but the learned District Judge by his order dated 14.05.2005 without entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Taka 5,00,000 the District Judge does not hav..Category: Civil Law | Date: | Hits: 77
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....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: 16 BLT (AD) (2008) 222. ......Police Station Swandip, District Chittagong and thereby affecting the valuable right accrued to the petitioner. 3. As it appears the High Court Division summarily dismissed the writ petition holding that the petitioner is a Government servant and his grievance as raised in the writ petitio..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......petitioner on April 27, 1959 and since then she is owning and possessing the purchased land by erecting semi pucca structures, that she got her name mutated in the S.A. record and that also Municipal holding was opened in her name and thereupon paying taxes to the authorities, that by initiating Lan..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... is no period of limitation in lodging of an FIR in respect of a cognizable offence committed by an accused and we do not find any illegality on the part of the learned Sessions Judge to direct for holding judicial enquiry under section 202(2A) of the Code of Criminal Procedure in case of an off..Category: Criminal Law | Date: | Hits: 35
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......y had the definite knowledge about the transfer. It was also the contention of the pre-emptor that the transfer was made without serving any notice on them inspire of their being co-sharers of the holding land of which was transferred by the kabala dated December 22,1980. It was the case of the ..Category: Property Law | Date: | Hits: 21
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......dated 25.7.2004 be set aside when there is no doubt that the same was passed by mistake and the High Court Division on misinterpretation of section 152 CPC rejected the above application summarily holding that the prayer as made by the petitioner in the application dated 2.11.2004 under section ..Category: Civil Law | Date: | Hits: 91