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Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....stituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of land fell in the saha......il) 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 Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another…………......he evidence on record in arrivÂing at such findings. Learned Counsel furÂther contended that the Court of appeal below having held that exts.3(a) and 3(g) did not attract the suit land, there is no legal evidence to substantiate the plaintiffs claim of acquisition of title in the suit land and tha..Category: Property Law | Date: | Hits: 30
....e the 'Letter of Consent' in favour of the writ-petitioner.
2. The facts involved in the case, in short, are that the respondent No.1 is a businessÂman and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a view to ......) 857.
......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....point them as Judges of the High Court Division in accordance with the recommendation of the Chief Justice of Bangladesh and/or such other or further order or orders as to this Court may seem fit and proper and also as to why the portion of the Rules of Business 1996 which purports to regulate maile......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md.......Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appointment often Additional Judges in the High Court Division shall not be declared to have been done illegally and without legal authority and to be of no legal effect and why the respondent should not b..
Category: Constitutional Law | Date: | Hits: 252
....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disÂposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......)
Present:
Mohammad Fazlul Karim CJ
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chief Personnel (West), Bangladesh Railway and others...........Petitioners (In all the cases)
Vs.
Muhammad Shamsur Rahman and other…â€......subsequent notification, so far relates to the post in which the respective writ petitioners have applied in response to the earlier notificaÂtion, has been made without lawful authorÂity and of no legal effect.
5. We have perused the leave petitions and heard the learned Advocate for the leave..
Category: Employment/Service Law | Date: | Hits: 86
Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
....tims were killed by the gun shots of their own party men. At this, Mob became enraged and furious and they attacked the house of convict Somed Ali and they set his house on fire. To save the life and properties, Somed Ali brought out his licensed gun. At that time, there was tussle between him and t......lso Reported in: VII ADC (2010) 830. ...... Eas Mia, Soa Gazi, Nur Ali, Khurshid Mia, Osman Mia, Rashid, Afiluddin, Shahaj Uddin, Abdul Gani, Gendu Mia, Jalaluddin and others being armed with deadly weapons like gun, sheel, sulfi and ramdao illegally trespassed into the Chandina Bhiti land of Ramjan Ali and began to construct a hut there. At..Category: Criminal Law | Date: | Hits: 26
....older plaintiff Bank of Title Suit No. 219 of 1987 filed Title Execution Case No.51 of 1992 for realization of the decretal amount and in that title execution case notice for auction of the mortgaged property was published on 10.8.2007 and at that stage the judgment-debtor Sufia Re-Rolling & Ste...... VII ADC (2010) 819.......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is disÂmissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Resp...... has not been proved satisfactorily and that the deed by Ramesh Chandra in favour of Arefa Khatun and Nazrul Haque and the deed dated 15.10.1946 and all the deeds of 1975, 1976 and 1985 have not been legalÂly proved and marked exhibits in the Case and having allowed the appeal decreeing the suit, t..Category: Property Law | Date: | Hits: 33
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....e are that, opposite party No.1 made an application before aforesaid Assistant Judge for an order for appointing her guardian of her minor daughter, Mahmuda Islam Jhinuk in respect of both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was the owner in ...... Case is also Reported in: 54 DLR (2002) 519. ......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....er of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property, which we will shortly consider. On the other hand, Mr. Mahmudul Islam, learned Counsel, de...... also Reported in: 54 DLR (2002) 515.......nd others, 43 DLR 226, another Division has followed the decision in upholding an order of affirmance rejecting the prayer for injunction. In Mofazzal Hossain and another Vs. Moinuddin being dead his legal heirs: Shams Begum and others, 3 BLC (AD) 78 the Appellate Division affirming the decision of ..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....d knowledge of the transfer of the case land to the transferee. He averred that the ‘case land’ was first offered for sale to Mannan. The latter declined the offer and recommended the sale of the property to Madinullah. It was claimed that Mannan had known of the transfer of the case land to Mad......l Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, A......ht of his judgment and order. He did so, presumably, to enable the pre-emptor to cure the defect of parties and proceed with a properly constituted suit. It has, therefore, given rise to an important legal question touching the powers and functions of an appellate Court. The question is, when an app..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......igh Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Siddique Abedin……………….. Petitioner Vs. Md. Musa Alam and State……………….. Opposite Parties Judgment August 17, 2000. Lawyers Involved: ...... 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the acc..Category: Criminal Law | Date: | Hits: 28
....€‘1‑99 the plaintiff instituted the suit for a decree of several declarations, namely, issue of adjudication orders as described in schedule-A to the plaint against the plaintiff are all illegal, improper and no legal effect, that the joint declaration dated 1‑8‑91 executed in between the plai......vil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Mal......s. On 31‑1‑99 the plaintiff instituted the suit for a decree of several declarations, namely, issue of adjudication orders as described in schedule-A to the plaint against the plaintiff are all illegal, improper and no legal effect, that the joint declaration dated 1‑8‑91 executed in between..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....he sale made by his brother and he gave consent to the sale in question waiving his preferential right of purchases. Thus I find that the learned appellate Court had made the reported case applicable properly and the concurrent findings of fact arrived at by the Courts below in this respect do not c......cate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......and waiver and that the deposit of the preemption case king inadequate the preemption case is not maintainable. 6. Being aggrieved, the petitioner has filed this revisional application challenging legality and propriety of the impugned judgment and order. 7 Mr. Md. Fazlul Karim, the learned Ad..Category: Procedural Law | Date: | Hits: 75
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......s Case is also Reported in: 54 DLR (2002) 485. ...... also got no jurisdiction to open the matter again by invoking inherent jurisdiction. On merit, he submits the direction as given by this Division for stay of the execution does not suffer from any illegality in the facts and circumstances of the case as made out in the revision application. 11. ..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......Md. Muzammei Hossain J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Appellants. Vs. Md. Anowar Hossain..................................Responde......lion, stationed at Teknaf, Cox's Bazar, and that the petitioner being a Havilder the order of dismissal passed by the Battalion Commander, who being an officer in the rank of Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordin..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Secretary, Ministry of Land, Government of Bangladesh, Dhaka and others........Appellants (In both the appeals). Vs. H......pondent No. 2 stopping the process of the registration of the deed of permanent lease of 1.68 acres of khas land in favour of the writ petitioner shall not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling ..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....ister of the plaintiff Sufia Khatun on 14.11.1995 filed Title Suit No.215 of 1995 in the 2nd Court of learned Assistant Judge, Narayangonj, for declaring her title in some portion of the joint family property. The plaintiff is an illiterate person, can put his signature only, and on the other hand, ...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mohar Ali Bhuiyan...............................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Kh......aham in plot no. 325 out of .61 acres, i.e. eastern portion of land was possessed by the plaintiff and the western portion thereof are in possession of the defendant No.1. Defendant No. 12 out of his legal necessity, sold .10 acres of land on 12.06.2008 by kabala No. 4778 towards north of his posses..Category: Property Law | Date: | Hits: 20
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Siddiqur Rahman………………….Petitioner Vs. Government of Bangladesh and others…………........Respondents Judgment October 5, 2009. Lawyers Involved: Ma...... No. 2097 of 2007). Judgment ABM Khairul Haque J.- This is a petiÂtion for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a ..Category: Employment/Service Law | Date: | Hits: 71
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....the election results in official forms. The petitioner relies upon Annexure C l and therefore from the petitioner's own documents it is clearly established that polls at centres (b) and (c) were held properly and that results were also duly deÂclared. So there is no case for interference as far ......s Republic of BanglaÂdesh, Through Secretary, MinÂistry of Local Govt. & Rural Development & others........Respondents Judgment December 5, 1988. Lawyers Involved: Amirul Islam and A. Razzaq, Advocates—For the Petitioner. Kazi A.T. Manowaruddin and Shirin Nahar, AdÂvocat......b) Dumuria Madhyamik Biddyalaya polling centre and (c) Barashia Sarkari Prathamic Biddyalaya polling centre. 2. The petitioner, a contestant for the said post, alleged various irregularities and illegalities in reÂspect of the aforesaid election held on 10.2.88. But in respect of polling centre ..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....ion of delegation of authority by the competent authority to the subordinate authority in terminating the plaintiffs' services, and in Title Appeal No. 142 of 1986 has raised a new question as to the proper forum of the suit (Title Suit No. 188 of 1985) being the Administrative Tribunal. According t...... Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textil......er of the Executive Body and the latter being a Vice-President. The suits were for decÂlaration that the order dated 17.9.81 of termination of their services were mala fide, without jurisdiction ilÂlegal and void as well as for permanent injunction diÂrecting the defendants to allow the plaintiff..Category: Employment/Service Law | Date: | Hits: 76
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