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Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
.... order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date of order of dismissal for default………..(12) In order to get remedy of condonation of de...... after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she received a notice of the allegation and filed an objection before the Administrator denying the allegation. B......ction 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being f..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
...., Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(a) to 2(j) & 3-4. Civil Appeal No. 154 of 1983. (From the judgment and decree dated 24th November, 1981 passed by the High Court Division in Second Appeal No.161 of 1977). ...... that he purchased it from defendant No.1 by a registered kabala Ext. A, therefore, the defendant No.3 had no subsisting interest for transferring any property to the plaintiff. It will be at once noticed that the date of defendant No.2's kabala is 15.1.70 and the date of the kabala of defendant......of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the stren..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....-Record–For the Appellant. Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 49 of 1984. (From the judgment and order dated 16-1-84 passed by the High Court Division, Rangpur Bench, in Civil Revision No.121 of 1983.) ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found ab..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....vocate-on-Record—For the Appellant. Md. Yahya, Advocate, instructed by Md. Roab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 5 of 1980. (From the judgment and order dated 13.9.77 passed by the High Court Division in Death Reference case No.4 of 77 and Criminal Appe......xception to the investigation, conducted by a probationary S.I. of police because the Investigating Officer did not record any statement of the P.Ws. under section 161 Cr.P.C. Again the High Court noticed that there was discrepancy as to the time of occurrence as given by P.W.2, Nurul Huq and P.W......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....n 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landlords' right to enter upon the holding under section 87(1) does......ncy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a notice under section 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and t......ds' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....Hossain, Advocate-on-Record- For the respondents. Civil Petition for Special Leave to Appeal No. 310 of 1984. with Miscellaneous Petition No. 46 of 1984. (From the judgment & order dated 25.10.84 passed by the H.C. Division Chittagong Bench in Civil Revision No. 63 of 1984.) ...... trial court ought not to have-rejected the plaint without proceeding to trial. The appellate Court below further found (a) there was no clear specification of land sough to be requisitioned in the notice, (b) and the purpose for which the land is requisitioned is a private purpose and not a pub......Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....d. Aftab Hossain, Advocate-on-Record—For the respondent (In Civil Appeal No. 65 of 1983). Civil Miscellaneous Petition No. 12 of 1983. (Arising out of the Judgment of the Appellate Division dated July 13, 1982 passed in Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — I...... Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — In Criminal Miscellaneous petition No. 8 of 1982 the following order was passed by this Court on February 6, 1983. ''Let a notice be issued upon the parties to show cause within two weeks as to why our judgment (dated 13.7.......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe..Category: Constitutional Law | Date: | Hits: 149
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal No. 114 of 1984. (From the Judgment and Order dated 12-11-84 passed by the High Court Division. Dhaka in F.M.A No.173 of 1984.) Judgment ......the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since t...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....n Chaklader, Advocate on Record—For the Appellants. B. Hossain, Advocate on Record—For the Respondent. Criminal Appeal No. 22 of 1984. (From the judgment and order dated 30-11-83 p by a Division Bench of the High Court Division, Rangpur, in Criminal Appeal No.176......er that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge." This omission to frame a charge is found to have escaped notice of the appellate Court which could have framed a charge and directed retrial under sub-......ut drawing the attention of the accused to the point when examined under section 304 of the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....uddin Mahmud, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-5. Civil Appeal No.127 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). Judg......from the DIT, now RAJUK, permission was accorded to him for transfer of the case plot in his name. But before completion of transfer in his name the Sub-divisional Officer, Sadar (south) Dhaka issued notice upon him under the provision of lands and buildings Recovery Ordinance 1972 to vacate the sai......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....eal Nos. 5, 13 of 1995). Not represented—Respondent Nos. 2-5. (In Civil Appeal Nos. 5, 13 of 1995). Civil Appeal Nos. 3, 5 & 13 of 1995. (From the Judgment and Order dated December 11, 1994 passed by the High Court Division in Writ Petition No.1001 of 1994). ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform the..Category: Constitutional Law | Date: | Hits: 147
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....t substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. …&hellip...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....or Advocate (S.C. Das, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondents. Civil Appeal No. 41 of 1984. (From the Judgment and Decree dated 4.4.83 passed by the High Court Division, Comilla in S.A No.26 of 1972.) Judgment ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,..Category: Property Law | Date: | Hits: 38
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....ms Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 with Jail Ap...... evidence and other materials on record convicted and sentenced the respondent to death. 4. The High Court Division after hearing rejected the death reference and allowed the jail appeal as noticed earlier. 5. We have heard Mr. Monsur Habib, the learned Additional Attorney General......d: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by..Category: Criminal Law | Date: | Hits: 45
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed by the High Court Division in Writ Petition No. 3978 of 2003.) Judg......elling the contends of the above mentioned memo but the petitioner corporation has not yet received any reply in the matter. 7. The petitioner Corporation through their learned Advocate sent notice demanding justice to the respondent on 24.05.200; with a request to withdraw, cancel and res...... Judgment December 1, 2008. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed ..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....andra Biswas, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent Nos. 1 and 3. Civil Petition for Leave to Appeal No. 144 of 2006 (From the judgment and order dated the 3rd July, 2005 passed by the High Court Division in Writ Petition No.6544 of 2004). ......g pension scheme for the employees of respondent No.1. The petitioner along with others made several representations to grant pension to them but without any result. Finally, the petitioner served notice upon respondent No.2 demanding justice. Though the notice was duly served no action was take......he Petitioner. Md. Abdul Hakim, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent Nos. 1 and 3. Civil Petition for Leave to Appeal No. 144 of 2006 (From the judgment and order dated the 3rd July, 2005 p..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....ed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2008 passed by the High Court Division in Writ Petition No. 10313 of 200......directing the writ-petitioner to submit the statement of assets of his own and his family members including his wife and other dependents within 7 (seven) working days from the date of receipt of the notice. The respondent No. 1-writ-petitioner has also challenged before the High Court Division th......-Record-For the Petitioner. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of May, 2007 passed by the High Court Division in Civil Revision No.5457 of 200......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of Ma..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....y Zahirul Islam, Advocate-on- Record-For Respondent Nos.3-4. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No. 1689 of 2008. (From the judgment and order dated 16.06.2008 passed by the High Court Division in Writ Petition No.4383 of 2007.) Judgme......again started their atrocious and heinous activities to get the petitioner's shops along with other 450 shops of the market vacated from the ground floor and as a result of which they have served a notice upon themselves by the RAJUK for demolition of the building showing that a further plan has ......r the Petitioners. A.J. Mohammad Ali, Senior Advocate instructed by Zahirul Islam, Advocate-on- Record-For Respondent Nos.3-4. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No. 1689 of 2008. (From the judgment and order dated 16.06.2008 passed b..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002). ......ent No. 2 (vendor) transferred the case land by a registered kabala dated 11.07.1996 for consideration of Tk. 40,000/-to the pre-emptee petitioners, pre-emptee No.1 is a stranger purchaser; no notice was served upon the pre-emptor. The pre-emptor first came to know about the transfer on 01....... Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 pass..Category: Property Law | Date: | Hits: 33
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