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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)
....different newspapers whereby also they have misinterpreted the facts and thereby committed act of contempt upon this Court and the Appellate Division. The learned Advocate, referring to the different provisions of the constitution of the federation, submits that the Election Commissioners, namely, t...... 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
....appointment were widely circulated in the national media. Reaction of Mr. Abdul Matin Khasru, former Law Minister was published. Mr. Moudud Ahmed, the then Law Minister, was reported to have said the provision for consultation was omitted by amendment of the Constitution during the period of Awami L......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)
....impugned Memo is violative of principle of natural justice and it is liable to be set aside. 5. It is a settled principle of law that a temporary Nikah Registrar is not entitled to resort to any provision of Muslim Marriage and Divorces Rules, 1975 and the cancellation of such temporary licence......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
....holding has been put in the 'Ka' list, after declaring it as an abandoned property. The said list has been prepared and published on 23.09.1986 in the Bangladesh Gazette (Extraordinary) complying the provision of the Bangladesh Abandoned Building (Supplementary Provision) Ordinance, 1985. So, immedi......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
..
Category: Property Law | Date: | Hits: 41
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
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....dence; that the writ petition involved a disputed question of facts is not correct at all, rather the issue was before the High Court Division is whether the respondents complied with the mandatory provision of section 8(1)(a) of the Acquisition and Requisition of Immovable Property Ordinance, 198......ve got very much shocked and astonished because of the price of per decimal of land fixed by the respondents. As a result, the petitioners sent a demand justice notice on 28.02.2008 through their lawyer praying for reassessment of the compensation by the respondents cancelling the said award n..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....Courts below is well founded in appointing the mother as guardian of the minor even after her second marriage to a stranger. In order to appreciate the rival contentions, we should first consider the provisions of law, which govern the issue. 11. First, it must be remembered that both the applica......4 of the Mulla’s Principles of Mohammedan Law and also the condition imposed in the earlier order appointing the mother as guardian of the minor, and submits that the appellate Court below erred in law in affirming the order of the Assistant Judge in re-appointing the mother as guardian because by..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......ul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction aga..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
......” (emphasis supplied). These introductory words has recognised that the exercise of the powers under section 107 might be subjected to conditions and limitations, prescribed under some other provisions of law. The word “prescribed”, underlined above, is to be noted. Section 2(16) of the......rocedure and obtained the instant Rule. 7. The petitioner is represented before this Court by Mr. Enayetur Rahim, the learned Advocate. He has submitted that the learned Subordinate Judge erred in law in not considering the appeal on merit. He argues that, when an appeal is properly brought befor..Category: Property Law | Date: | Hits: 37
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