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Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....earing No.48 of 2006 (Family) for dissolution of marriage stating, inter alia, that the plain­tiff belongs to Hindu religion. Before 23 years ago she married the present petition­er and at the same time she became a Muslim. After marriage two sons were born in the wedlock. Before marriage the defe......ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....ted the application and vacated the earlier order relating to the ascertainment of the valua­tion of the suit and accepted valuation mentioned in the plaint to be final. 9. The petitioners at the time of hearing filed two documents which show that the valuation of the land would be not less than......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....rt, are that the schedule land was a part of former resurvey settlement plot No. 790 and the entire land of said plot was being possessed and enjoyed openly, uninterruptedly and con­tinuously, since time immemorial, by vil­lagers of Angarjure, which originally belonged to Zaminder Sim Raja of Cher......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...

Category: Property Law | Date: | Hits: 27

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....sed the prayer on the ground that it was a privileged communication and most confidential. The Special Bench was however of the view that the opinion of the Chief Justice should be before them at the time of hearing and Secretary, Ministry of Law, Justice and Parliamentary Affairs was directed to pr......ondent. Writ Petition Nos. 1543, 2975 and 3217 of 2003. Judgment Md. Abdur Rashid J.- The above 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 do..

Category: Constitutional Law | Date: | Hits: 252

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....ot maintainable for want of cause of action. It has been brought to our notice that in com­pliance to the impugned judgment passed by the High Court Division some appoint­ments were made in the meantime and some are pending and in the process. In the premises we are of the view that the leave peti......ion in disposing of Writ Petition Nos.2174, 4452 and 5539 of 2008 and No. 1299 of 2009, wherein the notification published in the "Daily Naya Digonto" on different dates inviting the applications for appointment in the posts of Assistant Station Master, Chowkider, Guard Grade-2 and Khalashi, by the ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......n 02.07.2005 cancelling his appointing as Nikah Registrar. 3. The respondent No.1 contested the suit by filing a written statement denying all material allegations contending, inter alia, that the appointment of letter of the peti­tioner is a forged and fraudulent document and that the petitione..

Category: Civil Law | Date: | Hits: 111

Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ia, 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 that time, Ramjan Ali, was going to Tahirpur Bank with a bank draft. When he reached Badahat Bazar, he sa......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..

Category: Criminal Law | Date: | Hits: 26

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....nquiry into the matter and after enquiry issued the above Memo mutated the name of Nur Mohammad Miah who died leav­ing the present petitioner No.1 his wife and other petitioners as his heirs. At the time of death of Nur Mohammad Miah some of his heirs were then minor and the petitioners since then ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ..

Category: Property Law | Date: | Hits: 41

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....Sufia Re-Rolling & Steel Mills Ltd. is not fixed rather, it is increasing day by day. And undisputedly the decreetal amount payable to Sufia Re-Rolling & Steel Mills Ltd. has grown up by this time, much more than the decreetal amount payable to Eastern Bank Limited." The High Court Division ......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 dis­missed. 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)

....est the suit. According to defendant Nos. 2-3, 5 and 12 the suit land measuring 59 decimals in C.S. khatian No. 183 corresponding to S.A. khatian No. 164 belonged to Sarat Chandra who during his life time transferred his entire suit land measuring 59 acres to his son Ramesh Chandra by a oral pattan ...... above, we find no sub­stance 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. ..

Category: Property Law | Date: | Hits: 33

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....application, it is stated that her late husband Md. Zahirul Islam was the owner in possession of the property fully described in the schedule ‘Ka’ and ‘Kha’ to the application. During his lifetime, he borrowed about Taka 16 lakh from the House Building and Finance Corporation and Bank, and o......e transfers, two civil suits were filed in the Third Court of Subordinate Judge against the above transactions, which are still pending. They prayed for rejection of the application of the mother and appointment of petitioner No. 3, Zahidul Islam, as guardian of the minor. 4. On hearing the appli..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....trict Judge is justified in granting temporary injunction in law as well as on facts 5. In our jurisdiction, it appears the question of injunction against construction in urban areas for the first time was considered in Ali Ahmed Vs. Rezia Begum and others, 1986 BLD 326 and a Division Bench of th......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....barred by limitation. He did so, relying solely on the evidence of Mannan and completely ignoring, for apparent reason, the evidence to the contrary tendered by the pre-emptee and his witness. At the time of the hearing of the Civil Revision, Mr. Enayetur Rahim, the learned Advocate for the petition......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

....aka 1,20,000 from complainant and the cheque which he issued for repayment of money was dishonoured. As the amount was taken after giving a specific promise of returning the amount within a specified time the failure to pay the amount will attract the offence of cheating. So, we find that the petiti......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. ..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....adras 883 in a suit for a decree of declaration that a sale deed was null and void, a single Bench was of the view- "Thus if either party seeks to amend his pleading, by introducing for the first time allegations of fraud, etc, the Court will ask why this new case was not presented originally an......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... saw Shaymol coming home walking when he went there and heard about the occurrence from Shaymol and his mother. He brought doctor then went to Pirojpur for bringing a good doctor. He heard after some time that Shaymol died. In cross-examination PW 2 stated that both Shaymol and he are of the same ho...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

....of the sale deed. It is contended further that the petitioner being full brother of the vendor was aware of the sale transaction from the very beginning and knew about the agreement for sale. At that time, the petitioner not only consented to the sale transaction but also refused to purchase the cas......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..

Category: Procedural Law | Date: | Hits: 75

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... 2) to realise Taka 16,000 from the Writ petitioner. For the reasons stated herein above, we find no substance in the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494...

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....proprietor of Mamtaz Jewellery, New Market, Dhaka and he was asked by the Bureau of Anti-Corruption to submit statement of his accumulated wealth under section 4(1) of Act 26 of 1957 within specified time but having failed to submit the wealth statement pursuant to the aforesaid direction a case und......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..

Category: Criminal Law | Date: | Hits: 83

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. ......g us through the said Annexure-A to the writ petition pointed out that it is clearly mentioned at the top of said Annexure-A the word 'সনদপত্র’, and in the said Annexure-A the date of appointment, the date of dismissal, the total period of service, the educational qualification and t..

Category: Employment/Service Law | Date: | Hits: 80