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Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......…Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to pro......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......t only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession………………………….(21) Lawyers Involved: Osman Gani, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Appel..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Doll......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jalil Ansari Vs. Surendra Nath Basu,21 DLR 331. Lawyers Involved: Fida M Kamal, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-R..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90;Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 = 62 DLR (AD) 298. Lawyers Involved: Murad Reza, Additional Attorney-General with Saifuzzaman, Assistant Attorney-..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nowab Ali, Advocate-on-Reco..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......he learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No.33 of 2007 under Order VII Rule 11 of the Code of Civil Procedure. 2. Plaintiff-appellants instituted the aforesaid suit praying for decree as:— “ক) বাদীপক্ষ নালি......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......Mohiuddin Chowdhury, 49 DLR (AD) 234; Eastern Bank Ltd Vs. Sub-ordinate Judge, 49 DLR 531; Anath Bandhu Guha & Sons Ltd.; Md. Sirajul Hoq Vs. Babu Sudhangshu Shekhar Haider, 42 DLR (AD) 244. Lawyers Involved: Mahbubur Rahman, Advocate—For the Plaintiff-Appellants. Mahbubey A..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......the elementary principles of natural justice. In the instant case, the petitioner is the only teacher in the post of Sociology in the Higher Secondary Level of the Alaipur (Degree) College. Therefore, he is legally entitled to have the government portion of monthly salary or MPO.…&h......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......er Secondary Level of the Alaipur (Degree) College. Therefore, he is legally entitled to have the government portion of monthly salary or MPO.…………..(22 & 23) Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Israt Jahan, Assistant Atto..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......i, at the instance of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mo......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......trial court it becomes binding upon the respondents and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below………......(8) Lawyers Involved: Md. Abdul Haque, Advocate-For the Petitioner. Md. Mokleshur Rahman, Depu..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......nul Abedin, Advocate-on-Record—For the Respondents. (In Civil Review Petition Nos.6-10 of 2012) Not Represented-For the Respondents (In Civil Review Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition N......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......t: Leave is granted. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md), 43 DLR (AD) 154; Bangladesh Bank Vs. Mohammad Abdul Mannan, 56 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ...... cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution Case No. 790 of 2005 detaining the petitioner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......le is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 DLR 12; 13 BLC 713; 15 MLR (AD) 96 = 15 BLC (AD) 113. Lawyers Involved: Abdur Razzaq with Abdullah Al Mubin, Advocates—For the petitioner ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ....... Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or de......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......h, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. Lawyers Involved: TH Khan, AKM Fakrul Islam and Md. Mostafa Kamal, Advocates—For the Peti..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......s. The State, 60 DLR (AD) Page-1; Rehela Khatun Vs. Abul Hasan and others, 48 DLR (AD) Page 213; Liton Vs. the State and others, 48 DLR (HCD) Page 102; Md. Shokrana Vs. the State, 21 BLD 296. Lawyers Involved: A.K.M. Shamsul Huq, Advocate - For the Petitioner. Mohammed Ali Jinnah, ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration p...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...............Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
May 10, 2012.
Result:
The Appeal is dismissed.
Lawyers Involved:
Abdul Quayum and Md. Masudul Haque, Advocates—Appellant.
Mahbubey ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ...... Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ...............................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is granted. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocat..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......rred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Committee 56 DLR (AD) 180; State of UP Vs. Smt. Ram Sri, AIR 1976 Allahabad 121. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......que Sowdagor Vs. Haji Ahmed Miah Sowdagor, 4 MLR (AD) 410 = 4 BLC (AD) 283; Monowara Begum Vs. Atiqullah 4 MLR 240 = 51 DLR 550; Maria Keshi D' Rozario Vs. Hassan Movies Ltd 41 DLR (AD) 135. Lawyers Involved: Akhtar Imam with Rubaiya Zafar Khan, Advocates—For the Defendant-Appell..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......Board (1914) 1KB 160; Kanda Vs. Government of Federation of Malaya, 1962 (AC) 322; Century Spinning and Manufacturing Company Case AIR 1971 SC (1021), Veerapa Rachappa Saboji, (AIR 1975 SC 773). Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (with Mahmudul Islam, Rokan Uddin M..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......n lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ...... the general law. ......... (18) Cases Referred to- Md. Hossain Ali Sarker Vs. Md. Mobarak Ali, 38 DLR (AD) 17; Managing Director, Rupali Bank Ltd Vs. Tafazal Hossain, 44 DLR (AD) 260. Lawyers Involved: Mahabubey Alam, Senior Advocate with M Amin-uddin, Advocate and Md. Harun-or-..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......rials, such as, the order passed by the Administrative Tribunal in the Administrative Tribunal case, the Memorandum of Appeal of the Administrative Appellate Tribunal Appeal No.235 of 2005 filed before the Administrative Appellate Tribunal, we have gathered facts which are as follows: The s......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. .......................Petitioners Vs. Md. Nurul Alam....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, A..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..............................................Petitioner Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 2012. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocat..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......6 (FC) 43 = 8 DLR (FC) 24; Gul Hassan Vs. State, 21 DLR (SC) 109; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocat..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
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