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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....Articles 9, 11 and 59 of the Constitution. Article 7(2) of the Constitution says that any law inconsistent with the Constitution shall be void. Learned Counsels for the appellants are seeking a declaration of nullity of the Repeal Ordinance on this ground. A law is inconsistent with another ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, Cabinet Division & others .........Respondents Jud..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......ivil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judg..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ution and the decision in the case of Anwar Hossain vs Bangladesh in order to guide us to take decision in the matter. It is time that after long struggle and costly sacrifice we have achieved our independence pledging in the Constitution, amongst others, democracy and, in the words of Mr Islam,......ls] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......llate Division (Civil) Present: Md Ruhul Amin J KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents ..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....except upon a decision from the Court. The cause of action has arisen on 12-6-76, 23-7-76 and 13-9-76 as stated hereinabove within PS Ramna and jurisdiction of the Court. Hence the suit for simple declaration that the property in schedule belonged to and is part of the assets of the company and ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Inv..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... resolve that in order to give effect to this instrument we appoint Prof. Yusuf Ali, our duly constituted Potentiary, to give to the President and Vice-President oaths of office. 46. This declaration envisages the following:- (a) Because of the unjust war and genocide of the P......d the High Court Division vide Article 94. By amending Article 100 for the purpose of setting up permanent Benches the basic structure of the Constitution has been altered and it seeks to destroy the independence of judiciary and the character and rule of effectiveness of the High Court Division. It......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat,Ra..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
.... aforesaid suit was originally instituted in the court of Munsif, Saikhira being Title Suit, No. 143 of 1973 and on transfer to Debhata Upazila it was renumbered Title Suit No. 8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed writt......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tg) of 1983. 2. Facts are as follows:— Plaintiffs filed Other Suit No.147 of 1981 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of t......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......is Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972.) 2. The plaintiff filed Title Suit No. 51 of 1970 in the First Court of Subordinate Judge, Barisal for a declaration of his title to the suit land measuring 12.40 acres. His case is that the suit land appe......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......eration is whether the plaintiff-appellant was non-suited upon a correct view of section 86 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) as substituted by the Bangladesh State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 o..Category: Property Law | Date: | Hits: 42
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....re is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquittal of the co-accused by the trial court......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....roceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdict......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......dgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
.... plaintiff No. 1 Kabil Miah Mesteri (since deceased), who was the father of Respondent No. 1 and 3 (defendants 1 and 2), and the Respondent No. 4 (Plaintiff No. 2) instituted the aforesaid suit for declaration that the Hiba-Bil-Ewaz deed dated 22.1.75 (Ext.1 A1) in favour of his (Plaintiff No. 1......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Jalil.................Petitioner Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. ..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ot have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. T......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......shed by the decree in his favour in T.S. No. 314 of 1967 by which Jadhulal's heirs are bound. He has pointed out that Jadhulal's son, Shaktipada was not only party to that decree but he is still in Bangladesh and is supporting the appellant's case of benami transaction. The learned Counsel contend..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....actory legal plea on the part of the plaintiff-appellant which prevented him from attending court when the case was fixed for hearing'. 4. It appears that the second appeal arose out of a suit for declaration that a Hiba-Bil-Ewaj was obtained by fraud. Both the courts below concurrently found t......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
..... 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for declaration of title and recovery of khas possession. The suit was decreed on 9.2,62. An appeal agai......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... Division (Comilla Bench) modifying the judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 A......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......al Officer (defendant No. 4.), Additional Deputy Commissioner and Assistant Custodian of Vested Property (defendant No. 3), Deputy Custodian of Vested Property (defendant No. 2) and the Government of Bangladesh (defendant No. 1) seeking declaration of their title to the Suitland. 4. The suit was ..Category: Procedural Law | Date: | Hits: 146
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....he judgment in Civil Revision No. 1163 of 1978. 2. Plaintiffs are the appellants. They filed Title Suit No. 1974 in the 1st Court of Munsif, Moulvibazar, Sylhet against the respondents praying for declaration of their right of way over the suit lands, a pathway, and for permanent injunction res......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
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