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Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....the suit land, as given in schedule ka, kha, and Ga of the plaint, originally belonged to Bilat Ali Mondal, the predecessor of the plaintiffs and the defendants; that Bilat Ali Mondal married seven times, who died leaving behind his last wife Fakimon Bibi, the mother of the plaintiffs; that before......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..Category: Property Law | Date: | Hits: 51
.....(28)
So the compensation may be given by the High Court Division when it is found that confinement is not legal and death resulted due to failure of the state to protect the life but, at the same time, significantly that it will depend upon the facts and circumstances of each case. If the questi......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....a civil court, the appellants out of the proceedings of the above Misc. Appeal Case No.13 of 1981 and also from the contents of the annexures of the above Writ Petition No.159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30-10-1963, the alleged pow......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....t the suit lands recorded in the names of the defendants. Despite such wrong recording the plaintiffs have been enjoying the suit lands in ejmali with the defendants without any interference but some times before the date of institution of the suit, the defendants have tried to establish their title......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....the rule on the reasoning that the period of limitation for enquiry or investigation as provided in the Durnity Daman Commission Ain and the Rules framed thereunder were directory in nature, that the time limit provided in Rule 10 of the Durnity Daman Commission Rules for conclusion of investigation......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....arned Sessions Judge, Chittagong. At the continuation stage of the evidence of informant, the instant case was transferred to the court of 1st Additional Sessions Judge, Chittagong for trial. At that time the accused appellant was arrested by the police in connection with the instant case. 6.......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....ght his neck. Thereafter convict Hannan catching his mother's neck made her lying and then other accuseds Hanif and Mannan also caught his mother and bound the neck of his mother by napkin. After sometimes the victim died. Thereafter Hanif looked for victim Sadia alias Sufia alias Safia and by torch....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police Station and accused No.2 was P.S.I at Kotwali Po...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..Category: Others | Date: | Hits: 82
.... shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
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Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....ibi, Bariron Bibi and Bacchani Bibi. They paid rents to the ex-landlord and subsequently surrendered the said lands to the landlord Tasiruddin Sarkar. The landlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....e application issued an order asking the defendants to show cause within 5 days as to why the prayer for injunction should not be granted. The defendant No.1 appeared on 03.08.2005 and prayed for time to file written objection and thereafter the defendant Nos.1 and 2 filed a written objection ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
.... Meah reported in 8 BLD (HCD) 497 it has been held that if there is an entry adverse to the plaintiff he is not bound to institute suit for declaration that the entry is wrong. Such a suit will be in time if brought within 6 years of the threatened invasion. In the instant case it appears that the a......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....t the respondent No.7 died long ago and the suit filed by her has abated. The petitioner referred the orders passed in Civil Revision No. 1225 of 1960 with regard to death of respondent No.7 at the time of hearing of the Rule. The respondent No.36 tadbirkar of the respondent No.7 was directed to......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....loan money and also upon equitable mortgage of the landed properties owned by the respondent No.2 but due to lot of formalities and other various impediments, they could not start their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
....uthority for an offer of sale of the suit property under the Government circular bearing memo No. Shakha-5/AP-1M-26/83 (ANG-SHA)/110 dated 02.03.1986 but the defendants delayed the offer for a long time without giving any answer at the investigation of some corrupt employees and some intereste......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
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Category: Property Law | Date: | Hits: 23
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ...... the decision and therefore is liable to be set aside. 10. He lastly submits that the substantive allegation brought against the petitioner having been found not correct on investigation the appointment of respondent No.1 as joint mutwalli is illegal and not tenable in law and is liable to ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....unsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that for enlargement of time no case was made out before the Court and the deposit as directed by the Court was also not mad......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....he letter intimating the writ petitioner to receive the money has been annexed but no such copy was filed in the High Court Division and therefore such a contention cannot be accepted for the first time in this Court, more so when no affidavit-in-opposition was filed in the High Court Division. In......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......nce with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper calculation of the same, for his period of service from the date of his appointment upto the date of his retirement. According to the petitioner the labour court by its j..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....endants and some of their predecessors along with pro forma defendant No.41. The plaintiffs obtained certified copy of the settlement record and came to know about the said wrong record for the first time on 11.05.1985. In fact, none of the principal defendants or their predecessor had or has any ti......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
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