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Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... the offence was committed or not, the proceeding initiated at the instance of a private person is an abuse of the process of the Court. In support of his contention, the learned Advocate has cited a decision in the Case of Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, reported in 4..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......nture or secret plots. The press reporting as annexed in the writ petition cannot be taken into consideration by this Court sitting in this jurisdiction, Moreover, the said reports were denied and no decision was taken in any inter-ministerial meeting alleged to have been taken on the date mentioned..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ...... in the absence of proof of absolute title thereon, it was not possible to order mutation. The office has got no jurisdiction to prove or declare title of the demised property which is a matter of decision by a Civil Court. On 07.04.2006 both the respondent No.2 and the petitioner appeared for ..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......e writ petitioner to get more 0.25 acre of land adjacent to the said 0.75 acre, the writ respondent No.2 through its letter dated 30.04.1994 (Annexure-L) informed the writ respondent No.1 about their decision of allowing this more 0.25 acre of land to the writ petitioner and also to make a term with..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......rused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the comÂplaint and also on appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the judgment of the High Court Div..Category: Criminal Law | Date: | Hits: 34
Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......is Division and materials available on record. It appears that in the Criminal Petition for Leave to Appeal this Division considered the submissions of the learned Advocate for the petitioner and the decision referred to on their behalf and observed that the principles enunciated in the cited decisi..Category: Criminal Law | Date: | Hits: 46
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......O, 1972 has been amended by the Representation of the People (Amendment) Ordinance, 2008 by substiÂtuting a new clause 5 of Article 14, which runs as follows:-
"If a candidate is aggrieved by the decision of the Returning Officer he may prefer an appeal to the Commission within the prescribed pe..
Category: Election Law | Date: | Hits: 116
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accorÂdance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......999 before the learned District Judge, Brahmanbaria, and that the 1st Court of the Additional District Judge, Brahmanbaria by judgment and decree dated 23.7.2002 dismissed the appeal and affirmed the decision of the trial Court. 6. Being aggrieved thereby the plaintiff as petitioner moved the..Category: Property Law | Date: | Hits: 43
....ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
...... by both the parties the written statements of the parties and their replies and upon hearing the submisÂsions of both the parties, awarded in favour of this petitioner (claimant), by their majority decision, the claimed amount of BDT 31,27,50,566.00/- and dismissed the counter claim of the responÂ..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... as accretion to his holding or tenancy might be recognized or declared by a competent authority or Court before the commencement of President's Order No.137 of 1972. Unmistakably points out that the legislative authority was contemplating a situation in subÂsection (1) and sub-section (2) of secti...... section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the instant case is different from those in the cited decision. On going through the plaint and the written statement and the impugned judgment it is evid..Category: Property Law | Date: | Hits: 24
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......dalat Ain, 2003 having not been complied with, the order for civil imprisonment under Section 34 of the Artha Rin Adalat Ain, 2003 was bad in the eye of law and the High Court Division arrived at its decision in not considering such aspect of the law and that the Artha Rin Adalat passed the order fo..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by t..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......h regard to the absorption of 23 (Twenty three) posts of the project in revenue budget. Accordingly, inter Ministerial Meeting was held on 26.07.2001. The said meeting was hled on 26.07.2001. Wherein decision was taken to create the 23 posts for Central Chemical Laboratory of Narcotics Control Direc..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... the country covered these issues extensively for several weeks. 3. The Speaker, respondent No. 1 in the writ-petition, told the members of the press that it will take time for him to give a decision on the issue. A national debate started in the media over the dispute. There were continuou..Category: Constitutional Law | Date: | Hits: 138
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......ng with the judgment of the Court of appeal below. We do not find any substance on the points raised. The High Court Division upon corÂrect assessment of the materials on record arrived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordi..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......, Kishoregonj. The learned Subordinate Judge (now Joint District Judge) first court, Kishoregonj who heard the said appeal by judgment and decree dated 18.2.1999 dismissed the appeal and affirmed the decision of the trial court. 5. Being aggrieved thereby the defendant as petitioner moved the..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......ncluding the impugned judgment. We do not find any substance in the points raised. The High Court Division upon corÂrect assessment of the legal position and materials on record arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is according..Category: Property Law | Date: | Hits: 26
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......sman Gani. This finding of the Appellate Court, he submits, was not properly reversed by the High Court Division, rather, the High Court Division exceeded its revisional jurisdiction in reversing the decision of the lower Appellate Court without consideration of the evidence on record. But the learn..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... rent on 14.12.1994 and 22.04.1997 and plaintiff thus paid rents in respect of her 462 shahasrangsha land. Learned trial Judge also considered deed of gift dated 23.12.1990, Exhibits-3/1 and rendered decision that examination of deed of gift transpired that plaintiff from his brother Md. Shafiqul Ho..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......acts and circumstances, we are of the view that the High Court Division having considered all the materiÂals on record and the submissions advanced on behalf of both the parties arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petitio..Category: Others | Date: | Hits: 115
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