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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......ah, learned Advocate appearing on behalf of the petitioners, submits that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff from the suit land in the absence of any evid..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ll valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part thereof by a raiyat either by way of out and out sale with an agreement to recon..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......e arrested the petitioner from MP Hostel, Nakhalpara in connection with Gafargaon PS Case No.7(7)04 and 8(7)04 dated 12‑7‑04 and recovered one revolver from his possession. The petitioner was not holding valid licence, and, as such, another PS Case being Tejgaon PS Case No.61 dated 21‑7‑04 u..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ....... Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendant in the suit for adjudication ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......n No.3718 of 2003. Judgment Md. Awlad Ali J.- In this Rule obtained by 5 petitioners, the petitioners have sought a direction from the respondents not to evict the petitioners from the suit holding bearing (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddh..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ...... went on leave preparatory to retirement and thereupon by the order dated March 27, 2001 the respondent No.4, Director General, Department of Shipping made recommendation as to respondent No.5 for holding current charge of the post of Chief Engineer and Ship Surveyor inspite of writ-petitioner b..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ither been received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Co..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......e Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the petitio..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......arned Subordinate Judge held that the property Was a vested property but in spite of absence of such averments and findings the learned Judges of the High Court Division have made out a third case in holding that the property is a vested property which is wrong". 13. In the instant case as we h..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......928 and since then continued to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......he plaintiff has been in possession of the suit land by constructing pucca wall, bathroom, latrine and tube well. She also planted various sorts of fruit bearing trees in the suit plot. She also paid holding taxes regularly in the Municipality and subsequently, transferred 14 decimal of land to seve..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......ssues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the legal p..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......h of Swapna Begum and thereupon UD Case No. 57 of 1999 dated 18‑41999 was registered. The police personnel of Narail Police Station went to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue. 7. After receiving the post mortem r..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nd substantial in issue in the Artha Rin Suit No. 147 of 1992, the subsequent instant suit being Title Suit No. 197 of 2001 being barred by principle of res judicata, the Courts below erred in law in holding that the decision of the Artha Rin Adalat could not operate as a bar of the present instant ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....partition of the case land between the pre-emptor and the vendor and a suit for partition, being Partition Suit No. 111 of 1988, being pending the pre-emptordid not cease to be a co sharer of the non agricultural land in questionaccording to the principle of law enunciated in the case of S.M. Basiru......ivision in revisional jurisdiction. The High Court Division by common order, as stated herein above, rejected the revisional applications summarily upon observing "Since in the instant cases the holding in question has been separated or sub divided upon opening a new khatian at the instance of ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......the concept of prima facie case, balance of convenience and inconvenience and chance of suffering irreparable loss and injury, that the High Court Division as well as the trial Court were in error in holding that the award, if any, passed in the arbitration proceeding initiated in Singapore would no..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service Commission issued Advertisement No. IF‑H/82/290 dated 10‑6‑82 (Annexure‑G) for holding a combined competitive examination for recruitment of 2490 persons to 25 cadre services incl..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......ailed to reject the plaint of the Bankruptcy Case in exercise of its jurisdiction under sub‑section 1(Ka) of section 28 of the said Act. He further submits that the learned Judge acted illegally in holding that the matters raised in the petition under section 28 of the Bankruptcy Act would be deci..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......ule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that the High Court Division in holding that the plaint did not disclose any cause of action placed reliance on the averments made ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
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