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Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....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. ......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. ......tification by-passing the said judgment merely on the reasoning that the said Division Bench did not consider some questions involved in the matter and that it wrongly applied the decisions of Indian jurisdiction. 8. Chapter VII of the High Court Division Original side Rules provides the proced..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......n that where a petitioner discloses that performance of an act is not permitted by law and performance of which would result in loss of some personal benefit or advantage he is entitled to invoke the jurisdiction of this Division under Article 102 of our Constitution and the petition is maintainable..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
.... Kabala dated 28.4.81, Annexure 'A' and a copy of the plaint which have been placed before me by the learned Advocate for the petitioner and it appears that in the schedules of both the documents the total area of land i.e. '63 decimals has been shown as ejmali property but the part of it that has b......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......s of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without such statement and in absence of the such documents, presumption is that the auction notice has been rightly published. ......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....petitioner, submitted that the impugned order (Annexure‑I) was passed in violation of section 22(4) of the Co‑operative Societies Ordinance and that the respondent No.5 was removed from office in total conformity with the bye‑laws of the petitioner‑federation and rule 42 of the Co‑operativ......n‑opposition that alleged enquiry was held by Thana Co‑operative Officer behind her back without giving her any opportunity of showing cause and that she went to America on 11.9.92 and during her absence some members of the Managing Committee with ulterior motive brought a false allegation again......11.92 and in the said meeting it was unanimously decided that all acts, meetings, orders passed, done or made during the period from 4.10.92 to 29.10.92 by Mrs. Rowshan Akhtar are illegal and without jurisdiction. It is further stated that Mrs. Rowshan Akhtar had no locus standi to represent the sai..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......rul Hoque go and become a fugitive all through the proceeding and still is on the run and in fact before this Court also he had to be represented by a state lawyer at the expenses of the state in his absence. The fact remains that Nurul Hoque is absconding right from the very day or from the very ni......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....originally belonged to one Nazir Ahmed. The petitioner contracted to purchase the said property from said Nazir Ahmed and entered into an agreement on 12.3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the sa......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.......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...Category: Procedural Law | Date: | Hits: 59
....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.
......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.
......titled to raise such disputed questions of fact for decision of this Court under Article 102(2) of the Constitution of the People's Republic of Bangladesh in exercise of its summary and extraordinary jurisdiction. The petitioner has, in fact, only challenged Annexure‑G dated 9.6.91 passed by respo..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....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: ......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: ......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
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292....... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......ppeal is not efficacious, effective and speedy. As such non‑availing of the alternative remedy provided under Order 52 of the University Order, in our view, does not stand as a bar for invoking the jurisdiction under Article 102 of the Constitution. The two points raised by Mr. Zakir Ahmed as to t..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....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. ......vision for getting remedy for the wrong done to the petitioner for no fault of his own. The learned Counsel submits that revision case should not have been found ready and taken up for hearing in the absence of the service return and in the absence of the report showing satisfaction of the Court bel...... in support of his contention that a Court will not presume the existence of inherent power to do that for which specific provision has been made in the statute and should not invest itself with such jurisdiction for the purpose of getting round the express provision by & law. The learned Advoca..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....he facts alleged in the petition of complaint do not constitute the offence under sections 54 and 55 of the Ordinance and as such, the initiation of the proceeding of Criminal Case No.1 of 1994 is totally illegal and misconceived and the same is liable to be quashed in order to prevent abuse of ......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....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. ......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. ......inclusive) of the Penal Code, with the prior permission in writing of a Sessions judge; and in other cases, with the prior permission in writing of the High Court Division. The respondent No.4 has no jurisdiction under the law to grant permission for seizure of the bank documents and the impugned or..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... 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....... 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....... 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)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......uiries by the ACC, as mandated by sub-rules 1,2 and 5 of Rule 7 of the Anti-Corruption Commission Rules, 2007 (ACC Rules), were not met. It was argued, therefore, that the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the no..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 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.
...... hold that the area of a record‑of‑right is a 'local area' as mentioned in rule 42 of the Tenancy Rules, 1955.
23. Having found that the impugned order as Annexure‑O is valid and not without jurisdiction, we now proceed to consider the next impugned judgment and order as at Annexure‑N to ..
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....ed that this Jute Mill is situated over an area of 135 bighas of land at Kanchon Industrial Zone, Narayanganj near the River Sitalakhya. This Jute Mill has got 65 broad looms and 375 narrow looms, in total 440 looms. Besides, it has got its pucca office building, factory, godowns, boundary walls and......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. ......ot at all valid and legal. In this regard Mr. Khondker has referred to sub‑sections (3) and (6) of section 2 of the Companies Act which runs as follows: "(3)" the Court means "the Court" having jurisdiction under this Act." (6) "District Court" means the principal Civil Court of original j..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
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