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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... 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....... 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.......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..Category: Property Law | Date: | Hits: 72
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. ......had legitimate expectation of being appointed to their respective posts, that as the earlier Division Bench of the High Court Division which maintained the impugned Notification did not consider some questions involved in the matter they are unable to agree with the views taken by them, that the PSC......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 ..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.......nder Article 98 of the 1962 Constitution of the then Pakistan. The High Court dismissed the petition leading to filing an appeal to the Supreme Court. In the Supreme Court the Respondent 2 raised the question of locus standi of the appellant to maintain the petition under Article 98 of the said Cons......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...
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....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. ......he plaintiff opposite party from the suit land. Hence the suit for permanent injunction. 3. The defendant petitioners' case is that the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father. The defenda......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..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: ......kh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.-This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale ......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)
....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.......rieved due to 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 decid......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 ..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. ......d's younger brother Abdul Hoque are in Rakhi village, which is the home village of the victim girl. Police went there and found both Samona khatun and Abdul Hoque. Semona Khatun and Abdul Hoque being questioned there confessed that Taslima Begum's husband Nurul Hoque and co‑accused Babal and Badsh......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 ..Category: Criminal Law | Date: | Hits: 76
....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.
...... in case No.422/87 (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 prop......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 ..
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. ......ed in Title Suit No.179 of 1965 is a nullity as the same was obtained by 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...... 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..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: ......, Advocate-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha R......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..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.......inable under Article 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,...... 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..
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. ......ter was pending before it." 11. The learned Counsel has referred the case of A. Ramamurthi lyer and others Vs. TA Moemakshi Sundarammal and another, reported in AIR 1945 (Madras) 103. wherein this question regarding the exercise of the power under section 115 CPC arose and Byers J. held: "The ......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..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....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.......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..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. ......utahar Hossain, Advocates - 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 virtual......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..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.......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..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.......it to a District Court. 15. We receive support of the above view in the case of Ayesha Vs. Daleep A 1961 Raj 186 and in the case of Geyer Vs. GA 1949 L 34. 16. Where two suits arise from common questions of law and both suits should be tried at same place and by same Judge and where properties......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..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.......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..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.
......udgment
Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent No......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)
....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. ...... and 168 of the Companies Act and relying upon the aforesaid decisions as referred to above by Mr. Rafique‑Ul‑Huq, it appears to me that the proceeding taken by BSRS for sale of the properties in question is neither a suit nor other legal proceeding as contemplated under section 171 of the Compa......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..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.......y of reconveyance. So the Court of appeal below was wholly wrong to reverse that finding without ordering for examining the signatures by handwriting expert and by himself comparing the signatures in question and reversing the finding of the trial Court on an erroneous view of the facts and circumst......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..Category: Property Law | Date: | Hits: 57
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