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.... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
......
Present:
AFM Abdur Rahman J
SM Emdadul Huque J
Md. Mahabubur Rahman………………………………………Petitioner
Vs.
The Government of the People’s Republic of Bangladesh and other….... Respondents
Additional Deputy Commissioner (Revenue), Rajshahi………..Respond......ring on 22.3.2009, he was in the hospital due to his health ailment and accordingly he being the engaged Advocate on behalf of the Respondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly ..
Category: Procedural Law | Date: | Hits: 62
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ...... Reported in: VIII ADC (2011) 141. ...... filed an application for broadcasting through satellite system but before disposal of their application, they commenced test transmission violating the terms and therefore, the respondent No.1 had legally issued the impugned orders. 5. The High Court Division upon hearing the parties and on co..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....dent and, as such, the impugned judgment of acquittal is illegal. He further submits that the deceased Golapi being maid servant of the accused was in the custody of the accused and in the absence of proper explanation required under section 106 of the Evidence Act the accused respondent ought to ha......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a......ce of P.Ws. 3 and 4 read with medical evidence i.e. the report of the post mortem examination, brought home charge against the accused respondent and, as such, the impugned judgment of acquittal is illegal. He further submits that the deceased Golapi being maid servant of the accused was in the cust..Category: Criminal Law | Date: | Hits: 60
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....case for pre-emption under section 24 of the Non-Agricultural Tenancy Act being Pre-emption case No.4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite ...... Case is also Reported in: 52 DLR (2000) 609. ...... in that view of the matter the petitioner is competent to maintain this petition for pre-emption as he has filed the application for pre emption within the prescribed time in compliance with all the legal formalities required under the law. Mr. Hossain further submits that there has been no splitti..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ough the amendment of the plaint is not sufficient to identify the suit land, this court and the apex Court in different cases decided that in a suit for injunction the four boundary line of the suit property must be identified by stating the identification of its possessor accordingly. The learned ......, Son of Late Kafiluddin of village-Nababerchar, P.S. Keraniganj, District Dhaka…………….Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government......e exclusive possession of the plaintiff on specific and separate share of the suit land well demarcated by boundaries, so was as to be entitled to retain their possession against their co-sharer till legal partition by way of permanent injunction and therefore, their lordships affirmed the judgment ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......rt Dhaka & another………………Respondents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. K......le was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......y Judgment June 29, 2000. Cases Referred To- Abdur Rahman Vs. State, 29 DLR (SC) 256; Abul Hossain Sana Vs. State, 14 DLR (SC) 96; Pir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. ...... by judgment and order dated 30-9-92 rejected the said revision and maintained the order of the learned Additional Chief Metropolitan Magistrate holding that the learned Magistrate has committed no illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....here were houses near the sishu tree and the place of occurrence is under control of the college and that he did not ascertain whether the college was then open. He denied the suggestion that without proper investigation he submitted the charge-sheet. 12. The accused was thereafter examined under......ppeal No. 525 of 1991. Judgment Amirul Kabir Chowdhury J.- This appeal at the instance of the accused-appellant preferred under section 30 of the Special Powers Act, 1974 arises out of judgment and order dated 27-4-1991 passed in Special Tribunal Case No.59/1990 by the learned Additional Sessi......er the control of accused appellant and there being no evidence whatsoever that the accused appellant kept or concealed the arms and ammunition at the place of occurrence the order of conviction is illegal. It is further stated that the evidence of P.Ws. 1-3 if excluded from consideration the remain..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....used-respondent on the charge of abetment for murder or for attempt to murder and consequently discharged the accused from the session case. Thus it appears that the Additional Sessions Judge without proper consideration of the materials on record and application of mind to section 265 C and 265 D o......gree. Ed. This Case is also Reported in: ......sclose any offence under section 11 (Kha) of the Ain as against the appellants. Since there are no ingredients of offence under the above quoted section, the learned Judge of the Tribunal committed illegality in framing charge against them. The medical certificate produced by the informant shows tha..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ng the suit by filing two sets of written statement denying the material facts of the plaint contending inter alia, that the suit land had been acquisitioned as per provision of law and it became the property of Social Welfare Department. The Public Works Department already started construction of a......te a copy of this judgment at once. Ed. This Case is also Reported in: ......n No. 2519 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the plaintiffs, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of order dated 7.7.1999 passed by the Assistant Judge, Shibpur, Narshingdhi in Title Suit N..Category: Property Law | Date: | Hits: 58
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 26.07.2007 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Ses......al appearing for the respondent submits that the prosecution has successfully able to prove the charge leveled against the appellant by adducing sufficient evidence and the trial court committed no illegality in convicting him and as such there is nothing to interfere in the impugned judgment and he..Category: Criminal Law | Date: | Hits: 50
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....he application are that the plaintiff filed the Title Suit No.509 of 1990 which was renumbered as Title Suit No.134 of 2000 in the 5th Court of learned Joint District-Judge, asserting that the suit property was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got deli......Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Aleya Begum and others ………………………………Petitioners Vs. Rahima Begum and others .............ing the Government allotted property and the terms of the lease deed having not been complied with the sale agreement as executed in favour of the plaintiff, so far relates to the suit property, is illegal and without authority and hence can not be enforced against the Government-defendant No. 2. ..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....ing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances and that the writ petitioner has no right to claim for release of the entire property in his favour. 5. We have perused the impugned judgment along with the writ petition a......………………………….....................Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali,......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining land, hereinafter referred to as the suit properties died leaving behind the defendant No.1 his only son, the plaintiff, his only daughter and......o Reported in: 52 DLR (2000) 589.......e defendant-appellant-petitioner. 6. Admittedly, the suit properties originally belonged to Abdur Rahman and after his death, his son (defendant), daughter (plaintiff) and wife (deceased) were his legal heirs. Thus the plaintiff has claimed to have inherited one-third of the suit properties which..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....ch is situated within the homestead of the defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gour......t is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......se and vivid judgment finding inter alia that the plaintiffs also could not prove the delivery of possession of the suit property by the defendant’s father to the plaintiff. Trial Court rightly and legally on the evidence both oral and documentary disbelieved the claim of the plaintiff that they p..Category: Property Law | Date: | Hits: 108
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
.... the affairs of any banking company being conducted in a manner detrimental to the interest of the depositor or in a manner prejudicial to the interest of the banking company; or (d) To secure the proper management of any banking company generally; it is necessary to issue directions to banki......upreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J KM Zakir Hossain…………….Petitioner Vs. Bangladesh Bank and others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR ......use as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to cancel and/or rescind the said..Category: Business or Commercial Law | Date: | Hits: 208
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....7047 and 7048 of 2008. 2. The facts in brief in Writ Petition No.7046 of 2008 are that the writ-petitioner No.4 is the proprietor of M/S. Asian Poly & Box and the petitioners mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in orde......rted in: VII ADC (2010) 595. ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......il) Present: Fazle Munim J Ruhul Islam J Shahabuddin Ahmed J Badal Kanti Mitra………………………………………….Petitioner Vs. The Secretary, Ministry of Fisheries and Live Stock, the Government of Bangladesh and others………………………………………......8. The petitioner unsuccessfully challenged this order of appointment in the writ petition before the High Court Division which observed that the petitioner, who was an unsuccessful candidate, got no legal right to the post applied for by him. 3. Mr. S.S. Halder, learned Advocate for the petition..Category: Employment/Service Law | Date: | Hits: 126
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... of 2007. 2. The petitioners instituted Title Suit No.151 of 1997 in the Court of the learned Assistant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property measuring 1.20 acres of ......R (AD)(2010) 465. ......nt child care home for a long time and after 10/12 years, the said child care centre was transferred to Gopalgonj Sadar and the said house was kept under the care of local Tahsildar. The plaintiffs illegally intruded into the suit property. 4. The learned Assistant Judge by judgment and order d..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs and for further declaration that no part and parcel of the suit property was declared as vested property. 3. The case of the plaintiffs, inter alia, is that incl......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases ......ng and removing the dwelling house of the defendant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs ..Category: Property Law | Date: | Hits: 126
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