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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....04 dismissing the appeal and affirming the judgment and decree dated 13.05.2008 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No. 59 of 1994 decreeing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: Respondent Nos.1......: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....er which should be entirely left to be decided by the concerned authority i.e. the PSC which invariably consist of experts on the subject relevant to the selection. The High court Division in the facts so the given case grossly erred in interfering with the Notification. 20. It was argued on ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, represented by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....bordinate Judge, Habigonj in Misceilaneous Appeal No.49/85 confirming the judgment and order dated 24.4.85 passed by Mr. MH Khan, Munsif Upazila Court, Bahubal in Title Suit No.476 of 1984. 2. The facts, as stated in the petition, in short are that the plaintiff opposing party instituted Title Su......order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......said judgment and order, the petitioners moved this Court in the form of a revisional application and obtained this Rule on the ground that the Court below failed to make proper appraisal of material evidence on record and thereby caused miscarriage of justice. 6. Mr. Mihir Kanti Mazumder, the le..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....o the order passed if it is found to be unauthorised. 11. About the representation of the petitioner by Mrs. Rowshan Akhtar which is highly disputed we will not enter into any disputed question of facts with regard to the post of Chairperson of the said Federation as we will not decide as to who ......l Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ..........................Respondents. ......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....in fact knows nothing as to the death of Taslima Begum and she was not connected with the murder. 5. The Court of Sessions after recording the deposition of the witnesses and having considered the facts and circumstances of the case found that the prosecution had been able to prove the charge as ......Division (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Abdul Karim J State ........... Appellant Vs. Nurul Hoque ....Respondent (Absconding) Babul and another ................Appellants Vs. The State …………..Respondent Judgment ......e mentioned here that the victim girl Taslima Begum's dead body had been recovered by the police from a ditch and it was a naked female human body, without any sari or blouse and it is also seen from evidence that this ditch from where the dead body was recovered is only half a mile away, as stated ..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304....... This Case is also Reported in: 45 DLR (HCD) (1993) 304.......he same runs as follows: "A Court of Settlement shall, after such enquiry as it may deem necessary and alter giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it..Category: Procedural Law | Date: | Hits: 59
....87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case cannot be treated and enlisted as abandoned property within the ......isdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Judgment
July 18, 1991.
Cases Referred To-
......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
.... Molla and his wife respondent No.4 of this appeal and as such she did not come forward to deny the solenama in question nor does she contest this appeal before this Court. Having regard to all these facts and circumstances and the evidence on record I find that Ganzer Molla and his wife who is resp......ditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding "I am inclined to believe that solenama filed in the aforesaid Title Su..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....tion, obtained the Rule and an order of stay. 4. Agrani Bank, Laldighi Branch, Chittagong as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions o......urisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Ac......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
.... 102 of the Constitution. He further submits that the petition is not in representative character, rather forty (40) applicants have jointly filed this application in which common question of law and facts are involved. All of them are examinees and appeared from the same centre, that is, at Jaganna......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra .......the allegations directed against them. They have also stated in the petitions that no proper investigation or inquiry was held and the petitioners were not afforded any opportunity of being heard. No evidence was adduced and no one was examined and as such the inquiry is a sham inquiry. Because of a..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....der section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by this Court while sitting in Jessore Bench. 2. Short facts necessary for the purpose of this petition are: The present petitioner as plaintiff brought Ti......Buddhi Sankar Biswas………………………Petitioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... 6. The defendant examined 4(four) D.W.s and their documents were exhibited as Exhibits Ka series, Kha series, Ga, Gha series, Uma series, Cha, Chha, Ja, Jha and Neo. 7. Upon consideration of the evidence record the learned Subordinate Judge, 2nd Court, Narayanganj, decreed the suit by the impug..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....er or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant......n (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Barrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. Judgment February 18, 2010.......etitioner that the New Nation Printing Press is not the successor establishment of the New Nation Publications Ltd. This is a defence plea, which, as per well settled principle, is to be decided by evidence before the trial Court and it is not at all a ground for quashment. 11. In view of the..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....tes - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For Respondent No.1. Writ Petition Nos. 2094, 2095 of 2002. Judgment Moyeenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtually one and the same, t......on (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules ar......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....sed by the Civil Court Annexure-C series are set aside, the respondents are duty bound to receive rent from the petitioner, inasmuch as they have purchased the land from Md. Khairul Huda. From the facts and circumstances and the discussions made above we find merit in the Rule. In the result, the......s also Reported in: 62 DLR (HCD) (2010) 31....... of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or further order ..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....se from common questions of law and both suits should be tried at same place and by same Judge and where properties and subject matter of two suits are one and same and the common question of law and facts are also same, but there is no bar to try these sorts of cases analogously. 17. Before deci......is also Reported in: 62 DLR (HCD) (2010) 25....... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....able Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner was the Kana...... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. Cases Referred To-......f the Commission and Rule 17(1) provides for the power of issuing notice to be delegated to any officer not belong the rank of Deputy Director. He submits however that in the instant case there is no evidence to show that the Commission delegated its power to the DD concerned. He submits, therefore,..Category: Anti-Corruption Laws | Date: | Hits: 154
....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......n
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Capital Co‑operative Housing Society Ltd.......................Petitioner
Vs.
Director, Land Records and Survey, Government of Bangladesh and others..............Respondents
Judgment
......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
..
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....possession of all the properties, both movable and immovable, of Ashraf Jute Mills Ltd. (In Liquidation) to the Official Liquidator of this Court immediately. 2. Before considering this Rule some facts which are relevant need to be stated. Bangladesh Road Transport Corporation filed an applicati...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....ntiffs and decreed the suit. 5. On appeal the Court of appeal below found that the suit is not barred by limitation and the plaintiff No.1 has no locus standi to file the suit and that "these two facts and circumstances are so strong that they can lead us to the only conclusion that plaintiff No......mmediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......ion? 3. Are the plaintiffs entitled to get the decree for reconveyance of the suit land as prayed for? 4. To what other relief, if any, are the plaintiffs entitled? 4. After considering the evidence on record the trial Court decided all the issues in favour of the plaintiffs and decreed th..Category: Property Law | Date: | Hits: 57
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