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Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......ishad and allowed them to participate in the proceedings of the Upazila Parishad as such representative members from 30.7.86 to 10.11.86 on several occasions and as such he is not permitted under the law to challenge their election of being elected as the Acting Chairman of those Union Parishads. In..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......se pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties and the provision of law relevant, decreed the suit on contest on a finding that the defendant is a defaulter and the n..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision occasioning failure of jus..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ed 17/12/1972 did not create any right, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court D..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ry of khas possession and that the plaintiff having failed to produce the original exchange deed and the certified copy of the exchange deed not being proved as secondary evidence as per provision of law. both the Courts below acted illegally in decreeing the suit and that the High Court Division ..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......eclaring that order dated 23.6.2009 issued by the respondent No.2 suspending the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of offi..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... application but without exhausting the said forum illegally filed the revision under section 115(4) of the Code of Civil Procedure before the High Court Division and the high Court Division erred in law in entertaining the said civil revision. 7. In reply, Mr. T.H. Khan, the learned counsel appe..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......found that the contract in question is a genuine and valid one and the contesting defendant never pleading any case of hardship in his written statement, the learned District Judge evidently erred in law in giving the plaintiff a decree for money instead of a decree for specific performance of the c..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... in their affidavit-in-opposition the contemner respondents although pleaded for apology but they have also attempted to justify their action and, as such, the apology is not an apology in the eye of law and must be rejected. 6. Mr. Mahbubey Alam, the learned Counsel appearing for the contemner r..Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......rocedure; that the High Court Division has misread, misconstrued and misunderstood the materials and evidence on record and consequently miscomprehended the facts of the case and misapplied the law; that there is no motive in the present case for the purpose of committing murder and that the p..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......tioner submitted that the High Court Division erroneously decided and passed the impugned order granting bail to the accused-respondents and as such, the same is neither proper nor in accordance with law. The learned Additional Attorney General further submitted that the High Court Division manifest..Category: Criminal Law | Date: | Hits: 47
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....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.......unholy connection with other persons and illegally tried to dissolve the marriage. The plaintiff has no right to file this suit for dissolution of marriage. The plaintiff according to Muslim Sharia law on 20.10.1983 got married with the defendant and now they are living in their house as husband a..Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....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. ......on record. 13. It appears that the High Court Division rightly held that the order of the learned Assistant Judge was passed after correctly assessing the valuation upon inquiry in accordance with law and in terms of the valuation of the suit property mentioned in the deed of gift assigning good ..Category: Civil Law | Date: | Hits: 65
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......n made the rule absolute and restored those of the trial Court. 5. Mr. Syed Amirul Islam, the learned Senior Counsel appearing for the petitioners submitted that the High Court Division erred in law in failing to consider that the Court of appeal below on consideration of the certified copy of ..Category: Property Law | Date: | Hits: 30
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
...... issue "Letter of Consent" as prayed for by the petitioner.
5. Mr. Tufilur Rahman, learned Advocate, appearing for the petitioners submitted that the High Court Division upon mis-appreciation of law and fact came to erroneous conclusion that though as per clause 3.2 গ্যাস বিপন..
Category: Others | Date: | Hits: 82
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......of the High Court Division. He also disclosed that before such recommendation he had discussed with other Judges of the Appellate Division.
18. On 23-2-03 fact of recommendation and protest of the lawyers against non-appointment were widely circulated in the national media. Reaction of Mr. Abdul ..
Category: Constitutional Law | Date: | Hits: 252
....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......nd further declared that the subsequent notification, so far relates to the post in which the respective writ petitioners have applied in response to the earlier notification, has been made without lawful authority and of no legal effect.
5. We have perused the leave petitions and heard the l..
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. ......tioner as Nikah Registrar was rightly issued. 4. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division committed a grave error of law occasioning failure of justice in not finding that no show cause notice was issued prior to issu..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....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. ......lt him with the arms in their hands. Nephew of the informant Taju Mia ran there to rescue Ramjan Ali. At that time, accused Aminul Hoque fired gun shot at Taju. At that time, informant's brother-in-law Hafizuddin and informant's neighbour Kafiluddin went forward and convict Aminul Hoque and Abdus ..Category: Criminal Law | Date: | Hits: 26
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... 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. ......s, Ramesh Chandra and Narayan Chandra, each of whom got 29½ decimals of land and thus were in possession. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total considera..Category: Property Law | Date: | Hits: 33
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