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Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......got permission from RAJUK transferred the suit land to 3rd party-respondent No.1 by a registered deed of sale dated 4-4-2010. Respondent No.1 has since been in possession of the suit land through his tenant, Md. Golam Faruk, who had a show-room of cars in the suit land. On 5-5-2011, decree-holder-pe..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... of the power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review. If, at the other end of the scale, the source of power is contractual, as in the case of a private arbitration, then clearly the arbitrator is not subjec......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....ppropriated the monthly salaries of Jewel Miah and Selim Parvez to the tune of 34,150 Dirhams up to the month of February, 2008. 30. The P.W.1 Abdullah-al-Zahid next deposes that during his contractual tenure as Ambassador of Bangladesh to the UAE, the accused-Ambassador purchased some hou......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... The Petitioner contends that in each such case, going by the very nature of the work assigned being temporary, each contractual period ranged from consecutive 89 days to a maximum of six months expressly stipulating ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......e of P. W. 1, is that his son, victim Mukti was called away by his friend acquitted accused Sharif at about 7-30 pm on 20-3-2000 from their house. Just after completion of "Esha" prayer his tenant tendered witness Jalil Miah went to his house and informed him that the victim Mukti had been..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ...... and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of the suit land left for India and in the year 1965 the properties left by them were include..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......ellation of the gift Deed No.2453 dated 30-6-2004 registered in Tongi Sub-registry Office in respect of the suit land as described in the schedule of the plaint on the averments that the CS, recorded tenant of the suit land as described in the schedule of the plaint was Razu Rosario, who died leavin..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......erullah Akond, Esharat Akond, Topijan Bibi, Sema Bibi, Syednesa Bibi, Danes Uddin Mondal, Idris Mondan, Ajirunnessa, Nojibunnesa and Asmat ullah Mondal in different share. 3. One of the recorded tenant Meherullah Akond died leaving wife Kosiran Bibi and daughter Halima Khatun. While Kosira..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ed admitted bill for the retention money until today (date of hearing). As we already have mentioned above that the contract is over and at this stage the instant writ petition is not merely based on contractual issue. We maintain that once the bill of the petitioner has been duly prepared by the re......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nuary, 1994 AD the plaintiff filed the original suit for eviction of the defendant from the suit premises. 3. The contrary case of the defendant No.1 is such, that the defendant is not a monthly tenant under the plaintiff. The defendant No. 2 executed 'Bainanama' (Deed of agreement) and..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....hman, learned Senior Advocate, appearing on behalf of the appellant, submits that the writ-respondents having known about the fate of their status on completion of the project and their service being contractual in nature, continuation of their service in the project did not create any right in thei......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......the criminal appeal with the modification of sentence of death to that of imprisonment for life. 2. The relevant facts are as follows: 3. The father of the informant (P.W.1) was residing as tenant in the house at 5/5, Block-A, Lalmatia, 2nd Floor with his family members consisting of ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
...., stores and amenities including training, with minor observations. 23. Hence, the committee recommends for acceptance of the 4th lowest offer subject to fulfilling the minor observations during contractual agreement. 6th and 7th offer by DAWEOO need not be discussed. 24. We have perused t......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ld arise at the time of execution of the sale deed. He is also required to resolve the dispute regarding the shop, which appears from the recitals of the agreement that it is in the possession of the tenant, even though there is no such positive statement, otherwise the parties would not have u..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractual right is not enforceable in exercise of writ jurisdiction..............acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......with Jagabandhu Barik each in 2 annas 13 gandas 1 kara 1 keranti shares and Rajani Barik, Jamini Barik, Bhadra Chandra Barik and Dukhi Barik each in 13 gandas 1 kara 1 keranti shares. The CS recorded tenant Gopal Sajwal died in his tender age living behind 2 full brothers Avoy Sajwal and Kanu Sajwal..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....complainant-opposite-party also instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business transaction and contractual obligation, being civil dispute in nature, criminal proceeding is not tenable; and, as s...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....petitioners i.e. respondent Nos.1 to 7 were appointed as part-time teachers on temporary basis without any pay and allowances and they joined there accepting the terms and conditions of temporary and contractual service and, as such, the writ petitioners by the temporary appointment did not get any ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......uisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ame and paid tax, rents and bills accordingly. He had also let out the said building to different organizations and persons and lastly, it was let out to Aftab Multipurpose Firm Ltd. The names of the tenants are: (1) Agency for International Development, (2) Mr. D Markiing and A Lippene ott., (3) Mr..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37