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Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......51 days after filing of the new partition suit, 25 days after the written statement was filed in the new suit and 3 days after tiling the injunction petition in the new suit and suppressing all those facts the 1st Party-petitioners filed the present application under section 145 of the Code of Crimi..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....man" but not in the capacity of the "Chairman" of the Union Parishad in question. Mr. Hoq also submits that under the Union Parishad Ordinance the "Acting Chairman" and the elected "Chairman" are not identical and their func­tions, powers, rights, duties and privileges are also not identical. The t......rit Pe­tition No. 7 of 1987 (Dhaka) Judgment Mohammad Abdur Rouf J. - The peti­tioner as elected Chairman of Chandina Upazila Pari­shad, Comilla, obtained this Rule Nisi on 5.1.87 calling in question the order of his removal from Chairmanship of the said Parishad by the Govern­ment on 28.1...... effect and it is further declared that the petitioner has still been holding the office of Chairman of Chandina Upazila Parishad within the District of Comilla as its elected Chairman. 22. In the facts and circumstances of the case the petitioner shall get cost of Taka 5,000/= (Tk. five thousand..

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....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.......n­ditions, remaining the same, till December, 1982 and the organisation remained there as tenant till Decem­ber, 1982 but continued to remain thereafter, in the said premises till today. 10. The question that calls for determination in a matter like this is whether a tenant who was induct­ed i...... found so by the courts below. He has referred to a number of decisions in support of the contention to which I shall advert at the relevant portion of the judgment. 8. In the instant case certain facts are admitted, namely, that the defendant organisation was inducted in as a tenant under a writ..

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. ......w about the transfer to corroborate his evidence and such uncorroborated evidence of P.W.1 (pre-emptor) being interested witness cannot be relied but the courts acted under misconception of law as to question of onus of proof regarding knowledge of sale and ignoring such legal aspect of the case hav......the decisions of the lower appellate Court, which was arrived at without considering the evidence of the witnesses of the pre-emptee. The case is reported in 48 DLR (AD) 160. There is a similarity of facts of the present case and the facts of that case. Like the pre-emptor of the present case, the p..

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. ......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. ...... 1955, the impugned kabala dated 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 jus..

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....... those are not neces­sary for proper adjudication of the appeal and for amendment/filing of additional written statement and those documents are not necessary for the purpose of determining the real question in controversy between the parties." 9. We have perused the leave petition, judgment of ......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...

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. ...... 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. ......anskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petitioner was elected as the Chairman of Kalipur Union Parishad under Banshkhali..

Category: Election Law | Date: | Hits: 96

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......d the judg­ment passed by this Division in the Civil Petition for Leave to Appeal. 6. It appears that this Division in dis­missing the petition observed as follows: ".................the main question before the High Court Division is to deter­mine whether the authorities con­cerned made p......vision in First Appeal Nos. 88, 70 and 274 of 1995, dismissing all the appeals and upholding the decree passed by the Joint District Judge, Fifth Court, Dhaka, in Title Suit No. 57 of 1994. 2. The facts, in brief, leading to the fil­ing of this review petition are that Rustam Ali and his wife th..

Category: Property Law | Date: | Hits: 33

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.......ourt and obtained the present Rule. 10. Mr. Md. Shah Alam, the learned Advocate appearing in person, submits that both the learned Courts below after having concurrently found that the contract in question is a genuine and valid one and the contesting defendant never pleading any case of hardship......istrict Judge, Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit fo..

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.......hat the Bangladesh Swimming Federation is not a statutory organisation therefore, any order passed by the election commissioner in the matter of holding election of the Federation cannot be called in question before this Court under Article 102 of the Constitution inasmuch as it is now well settled ...... to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging the legalit..

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. ......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. ......section 342 of the Code of Criminal Procedure; 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 purpos..

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. ......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. ...... submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Additional Attorney General..

Category: Criminal Law | Date: | Hits: 47

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

.... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......khali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the case, in short, are that the plaintiffs are the co-sharers by inheritance in t..

Category: Property Law | Date: | Hits: 52

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.......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........ - This petition for leave to appeal is directed against the judg­ment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008 discharging the Rule. 2. The facts, in short, are that the respon­dent as plaintiff filed a Family Suit bearing No.48 of 2006 (F..

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. ......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. ...... - This petition for leave to appeal is directed against the judg­ment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No. 1841 of 2004 discharging the Rule. 2. The facts, in short, are that the respon­dent Nos.1 and 2 instituted Title Suit No. 282 of 1992 in the ..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873....... land are the representatives of the whole villagers of Angarjure restraining the defendant permanently from peaceful use and enjoyment of the suit land by the people of Angarjure. 3. The relevant facts, in short, are that the schedule land was a part of former resurvey settlement plot No. 790 an..

Category: Property Law | Date: | Hits: 27

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.......ndent Nos.1 and 2 of Title Suit No.84 of 1999 and his wife Anwara Begum alias Tamaji Begum inher­ited his share. Anwara Begum also died leaving behind the said two daughters who got the said land in question. 4. The learned Joint District Judge, Narayanganj decreed the suit by the judg­ment and......iffs having failed to prove their claim of possession followed by dispossession by the defendants, the learned Judges of the High Court Division fell in an error in interfering with those findings of facts and restoring those of the trial Court. 6. We have perused the judgments of the trail Court..

Category: Property Law | Date: | Hits: 30

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....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. ......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. ......f October, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008 making the Rule absolute with direction to issue the 'Letter of Consent' in favour of the writ-petitioner. 2. The facts involved in the case, in short, are that the respondent No.1 is a business­man and the owner ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....the then Chief Justice Mr Justice KM Hasan and other Judges of the Appellate Division appreciated them. After consideration of their judgments, the Chief Justice recommended them along with others in identical language but the Government mala fide and arbitrarily did not appoint them for political c...... in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court. 3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great public importance, the Hon'ble Chief Justice by his order 20-4-03 directed the ma......d. Marzi-ul-Hoque, AHM Shamsuddin and Md. Nizamul Hoque were added as petitioner Nos. 4, 5, 6, 7 and 8 respectively in Writ Petition No. 2975 of 2003 by an order passed on the same date. 11. Short facts on which Writ Petition No. 1543 of 2003 were made are that the President of the Republic by it..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. 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) 846.......ooks is dis­pensed with as prayed for. 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) 846.......blic of Bangladesh is directed against the judg­ment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more or less .8 decima..

Category: Property Law | Date: | Hits: 32