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M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....gh Court Division that the Joint District Judge, and Arbitrator while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land in some places and illegally rejected appel......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
.... Ali Falu, Writ Petition No. 10549 of 2007 of Ruhul Quddus Talukder Dulu and Writ Petition No.3597 of 2008 Sheikh Hasina Wazed alias Sheikh Hasina. 25. After hearing the learned Advocates for the parties the High Court Division has been pleased to discharge the Rule by the judgment and order dat...... and the Court shall not be become functus officio even after the expiry of stipulated period. 32. Question arose as to whether Section 35(d) of Ordinance XXIV of 1982 providing for conclusion of investigation is mandatory or directory it was held by the High Court Division in the case of Mozamm..Category: Civil Law | Date: | Hits: 125
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
.... For ready reference let us reproduce below Sub Sections (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has be......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....mbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule land stating inter alia, that 1st schedule land, under mouza Dharmapur with......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..Category: Tenancy Law | Date: | Hits: 141
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ed after the property, never made any claim before the authority before an application was made on 21-1-2002 to the Deputy Commissioner, Sylhet and consequently, there has been great laches on the part of the petitioner which will disentitle the petitioner to come before this Court to invoke wri......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..Category: Property Law | Date: | Hits: 54
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)
....earned Assistant Judge, after hearing, decreed the suit. On appeal the learned District Judge, after hearing allowed the appeal. On revision the High Court Division made the Rule absolute in part. 4. We have heard the learned Advocate-on-Record and perused the petition, the i...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 137. ..Category: Family Law | Date: | Hits: 155
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....it; but of the original owners Kali Ranjan died leaving behind only daughter the defendant No. 9 who died in Barisal on 28-4-44 and Beni Madhab, who was a government servant left the country before partition and died in West Bengal 25 years ago and Mohini Mohan died in West Bengal in the year 194...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....e 'kha' list of the abandoned property. 2. The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee from India, in 1958, that Asgar Ali paid major part of consideration money and the last installment was paid by Asgar Ali's brother Akbar Ali on O...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....rence let us reproduce below sub-sections 1 and 2 of section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has b...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....se as mentioned above. As against this, the petitioner preferred the aforesaid Criminal Appeal before the High Court Division wherein the learned Judges of the High Court Division upon hearing the parties dismissed the appeal with a finding that the prosecution in the instant case was totally su......ffice. Thereafter the police was informed who recovered the arms and ammunitions together with Bangles and ear rings from their possession and lodged the instant F.I.R. 3. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the pla..Category: Criminal Law | Date: | Hits: 37
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....e Bagres Khan, Magura Police Station Case No. 12 dated 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not a party to the complaint petition). On conclusion of investigation into the said P.S. Case charge-she......ted 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not a party to the complaint petition). On conclusion of investigation into the said P.S. Case charge-sheet was submitted against petitioner No. 1 and 20 ac..Category: Criminal Law | Date: | Hits: 35
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....ng that the prayer as made by the petitioner in the application dated 2.11.2004 under section 152 CPC can only be made in the form of appeal and that the alleged mistake, being not a mistake on the part of the Court, may be a case of non consideration of Ext. 'Ga' and the High Court Division erre......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......f no-confidence shall not be accepted against him; he was also asked to be present in the Special Meeting of the Union Parishad to be held on 08.08.2004 along with the evidence for the purpose of investigation, the petitioner submitted his reply denying the allegations brought against him, the ..Category: Others | Date: | Hits: 91
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....missed the cause list was not present at the time of disposal of the Civil Revision No.5047 of 1998 while he was instructed by the petitioners to file a supplementary affidavit to furnish necessary particulars and thus material points having not been considered by the High Court Division there h...... 1998, discharging the Rule upholding the order No.34 dated 15.10.1990 passed by the Additional Assistant Judge, 1st Court, Gazipur Sadar, in Title Suit No.7 of 1998 allowing the petition for local investigation filed by the defendant respondent No.1. 2. The petitioners as plaintiffs ins..Category: Property Law | Date: | Hits: 26
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
....bul Kalam Mainuddin, the learned Advocate appearing for the petitioner submitted that the Judges of the High Court Division failed to take notice that appointment of respondent No.4 curtailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marria...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....ioner being thus aggrieved by the said order dated 21 -11-2004 moved Writ Petition No. 6362 of 2004 before the High Court Division. The learned Judges of the High Court Division, after hearing the parties, disposed of the application directing the Druta Bichar Tribunal, Chittagong to hear G.R. C......ised to take the victim to Dhaka for treatment and on the way to Dhaka the victim succumbed to his injuries and thereupon started Nabinagar P.S.Case No.102 dated 26-02-2002. Upon completion of the investigation, police submitted charge sheet No.6 dated 13-05-2002 under Sections 147/148/323/324/3..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
.... and the award money was paid and possession of acquired land of Plot No. 107 was taken over and thereupon acquired land was handed over to the Railway and the Railway has constructed Rail line and part of the unused land is in the possession of the Railway, that plaintiffs did not mention the n......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... then at 1 p. m. on the same day lodged F.I.R. suspecting the respondent for murder of the victim since her marriage with the respondent there were frequent quarrels between them; the police after investigation submitted charge sheet against the respondent under section 302 of the Penal Code; th..Category: Criminal Law | Date: | Hits: 48
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....s a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....oth of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.16/59-60 for Kamlapur Railway Division Scheme and the Railway Department, being the requiring body, paid compensation for such acquisition but the C Z B Department ......ed Mohsin, Akhtar Hossain, Q.Z. Abedin and Abdul Huq for the offence punishable under sections 409/420/109 of the Penal Code read with section 5(2) of the prevention of Corruption Act, 1947 and after investigation charge sheet was submitted against them and the Chief Metropolitan Magistrate, after r..Category: Anti-Corruption Laws | Date: | Hits: 152
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