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Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....plaint on 14-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons c......which is a moot question to be decided on full dress trial. Therefore, the submissions of the learned Advocate for the petitioners appear to have got no substance inasmuch as the case is not so preposterous that at initial stage or at the time of investigation, it requires to be quashed. The que...... The State and another..........Respondents Judgment July 29, 2007. Cases Referred To- Nasiruddin Mahmtud and others vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Ali Akkas vs. Enayet Hossain and others, 2 MLR (AD) 166. Lawyers Involved: Md..Category: Criminal Law | Date: | Hits: 39
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....fter, the defendant No.3 hurriedly approached the plaintiff to execute the deed as the Sub-Registrar Office was going to be closed for the day. The plaintiff on bonafide belief and trust executed and registered the deed on the same date. The further case of the plaintiff was that he never sold the s......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......the plaintiff has not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....eaking the wall of the suit premises and sub-let the said suit premises to one Swapan Kumar and thereby the respondent was constrained to send notice under Section 106 of the Transfer Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 19......wall of the suit premises and sub-let the said suit premises to one Swapan Kumar and thereby the respondent was constrained to send notice under Section 106 of the Transfer Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 1996 and that...... of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......ants serving in the ministries and other organizations of the government. 3. It was averred in the writ petition that the respondents joined the Supreme Court of Bangladesh in various posts and respondent No.1 has been serving as an Accountant in the Appellate Division, respondents ......g to stand. 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....ned in possession of the remaining 0.70 acre of the said plot. Chuni Jamadar sold his purchased 0.65 acre of CS Plot No. 125 to Sk Noor Miah alias Nooruddin Sk and Sk Ashrafuddin on 10-10-1941 by a registered sale deed. Nooruddin died leaving four sons namely Md Hanif, Md Kashem, Md Tota Miah and......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......s such, we find no cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....vour of Nayebuddin Sarker and others and that Nayebuddin Sarker and others executed kabuliyat to the effect on 1-12-1920 and that Majaruddin, one of the lessees, sold share in the suit property by registered deed of sale dated 15-11-1943 to the defendant Nos. 38-40 and that Jafuruddin sold share......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ...... fit according to law as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ...... instituted Election Petition No. 3, of 1998 before the Tribunal praying for a declaration that the election held was void on certain grounds and that the petitioner was disqualified to contest the post of the Chairman as he was below 25 years and also on other ground Respondent No. 4 also filed ......ce to the petitioner. We therefore find no substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ...... authorises a Bank to issue notices for realisation of advance loan, instalment, interest and other dues realisable by the company, the consequence for non-compliance with such notices being that the post of a defaulting Director would fall vacant as envisaged under the said sub-section. The Managin......otice can be challenged in the writ jurisdiction………………………(13 & 14) Case Referred to- Md. Saiful Alam alias Masudul Alam Choudhury vs. Bangladesh Bank and others, 19 BLD (AD) 249. Lawyers Involved: KZ Alam Advocate (Rafique-ul Huq, Senior Advocate with him) instr..Category: Banking Law | Date: | Hits: 139
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....Trust deed. The President filed an application before the District Judge, Dinajpur for the constitution of Ad hoc committee in terms of Article 36 read with Article 23 of the Trust deed which was registered as Miscellaneous Case No.17 of 1977. The question of jurisdiction of the District Judge t...... be of three years term and the re-election of the committee is to be held within three years but there shall not be any election within one month before and after the Mela and if necessary it can be postponed for six months. After six months the committee will lose it legality and if no election is...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... on December 20, 1976, the ground being that his nomination paper like theirs bore the wrong number of word. The appellants as well as the other candidates for membership and two candidates for the post of the Chairman in the union of whose nomination paper were also rejected on the same ground ...... District-NOAKHALI Subdivision-SADAR ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....mati Dakshya Bala Debi, that the entire suit property developed upon the defendants 2 to 5 and they exchanged the properties with the plaintiff’s Properties in West Bengal. The Deed of exchange was registered on March 2, 1967 after obtaining necessary permission from the proper authority. One Hris......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
.... getting the information when the informant came to the place of occurrence the accuseds attacked him with intent to kill him; on the basis of above FIR, Nazirpur PS Case No. 12 dated 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......nbsp; February 26, 2007. Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record&m..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......nt and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision for transfer of First and Second Class Officer (Non-C...... the Constitution…………………………(14) Cases Referred To: Azizul Huque Sikder and others vs Collector of Customs 49 DLR (AD) 172; Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; JB Sampath Kumar vs Union of India, AIR..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... Judgment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an ......the question of violation of Article 35(1) of the Constitution does not arise………………………..(66 and 88) Cases Referred To- Kudrat-e-Elahi Panir vs Bangladesh reported in 44 DLR (AD) 319; Moni Begum vs RAJUK 46 DLR (AD) 154; Basheshar Nath vs Commissioner of Income-tax, Delhi an..Category: Civil Law | Date: | Hits: 254
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....nd plaintiff examined himself on 18-11-1997 in support of such agreement. Even, thereafter, the plaintiff did not pay the aforesaid consideration money and could not obtain the kabala executed and registered by the said defendant. 4. Thereafter, the defendant-respondent made two applicat......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......3-1-1993 had no authority or competence to reappoint them on 12-11-1993. The learned Single Judge of the High Court Division noticed that although the defendants denied to have resigned from their post as teachers of the said school the plaintiffs failed to prove the signature of the said defend......e validly appointed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... Nos. 11 and 12(ka) to 12(Gha) and 16 by filing written statement stating, inter alia, that they are in possession of 23 decimals of land of the plot in suit i.e. plot No.8276 on the basis of registered deed of gift and in the said land plaintiff or the other defendants have no right, title......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......nuary 23,1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27.3.2001 giving current charge of the post of chief Engineer and Ship Surveyor, Department of Shipping to the Res......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ion of the suit land; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her nam...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... evidence adduced by the pre-emptor. 7. As it appears the High Court Division discharged the Rule holding that admittedly the transfer was made by the sale deed executed on 17.06.95 and registered under section 60 of the Registration Act on 31.07.95 and the preemption proceeding ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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