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Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......eave to appeal is directed against the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the original owner and record the names of the w......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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) 552. ......er management of the property was declared by decree passed by Subordinate Judge, 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Shebayets. The C.S. record was rightly prepared and published in the name of Roy Bahadur Karuna Das Bose on behalf of th......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) 552. ..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......tioner advised him that it is needless to take any steps in the execution case since the decree is under challenge and the appeal is the continuation of the suit and the respondent bank is already on record. The petitioner at the advice of his engaged lawyer did not take effective steps in the exe...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...Category: Civil Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......pears that Musammat Hazera Bibi wife of Haji Nasiruddin Allahwala and her son Md. Yahya purchased an area of 2 (two) bighas 2 (two) chattak and 17 sq.ft. in C.S. Plot Nos. 355 (western part) and 354, recorded in C.S. Khatian Nos.12334 and 12214, being the holding No.11 and 11/1, Joy Chandra Nag Road......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......ing the decision of the Ministry, the defendants earlier filed Title Suit No. 221 of 1988 in the Court of the Senior Assistant Judge, Habiganj which was withdrawn on 31.8.92; there is also nothing on record to show that any decision was taken for setting up of a permanent office of union parishad at...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541...Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......va Camp and their applications to the Election Commission for enrollment as voters the petitioners have fled papers (Annexures B, B/I, series of papers and C to the writ petition). We find nothing on record to disbelieve these papers. 11. In this backdrop, we can look for the qualifications to be......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... 11. We have heard the learned Advocates of both the sides, perused the order dated 08.12.2009, and other papers kept in the paper-book. 12. Let me remind all concerned that as Superior Court of records both the Divisions of the Supreme Court of Bangladesh, enjoy a high degree of discretion in ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....loured verbal representation; 4(1) (f) Sexually coloured remark or gesture. Rule 2 of the Government Servants (Discipline and Appeals) Rules, 1985 defines "misconduct" as conduct prejudicial to good order or service discipline or contrary to any provision of the Government Servants (Conduct) R......der it both in private and public sectors and to report through the Registrar of the Supreme Court about the action taken on the guidelines. There is no order as to costs. 28. We would like to record our note of appreciation for the learned Advocates Mr. Md. Salahuddin Dolon and Ms. Sara Hoss......imination. 13. As Article 29 occurring in Chapter III of Constitution states, amongst others, that there shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic and that no citizen shall, on the grounds only of religion, race, caste, sex..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......f a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure in the face of efficacious remedy by way of appeal provided in the Code itself. 2. Propriety of an order dated 24-5-1987 recorded by learned Munsif (now Assistant Judge), Kachua, Chandpur in Miscellaneous Case No.13 of 19......iscellaneous Case No. 4(A) of 1986. 8. Feeling dissatisfied plaintiff petitioner approached this Court in this Civil Revision Petition and obtained this Rule. 9. The basic grounds pressed into service in Civil Revision Petition are hereunder: (i) Order dated 24-2-1987 passed in Miscellaneo..Category: Procedural Law | Date: | Hits: 83
....at defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook personal liability for the damage or loss of goods of the consignment. The consignment was insured with defendant No. 4 for a total sum of Taka 3...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......Hossain, Md. Harun-ur Rashid and Mahfuza Begum, Advocates—For the Opposite Party No.1. Civil Revision No.1562 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by a Judgment and order recorded by Execution Appellate Judge wherein allowing Election Appeal, Judgment and order passed by......Election Petition and appellant in Election Appeal and he is the first opposite party in Civil Revision Petition and he will be described hereinafter as opposite party. 4. Contentions pressed into service on behalf of petitioner are catalogued hereunder. (i) Learned District Judge cannot trans..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
.... that the prosecution examined all the interested witnesses and not any independent witnesses, informant PW 1 A Jalil admitted that accused appellant was the adopted son of the deceased and there was good relationship between them and accused appellant was all along present with the informant for ca......ating materials that the confessional statement made by the accused appellant was not true and voluntary and it was obtained by coercion and torture and the legal formalities were not observed in the recording of confessional statement and, as such, the conviction and sentence based on disputed conf......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....dinate delay on the part of both sides, the King’s Bench Division, in a suit for breach of contract, held that no contract was in existence at the relevant time. This case was in respect of sale of goods which lapsed because no delivery was requested for more than two years in spite of repeated ap......king loan on deposit of a stamp paper with Khalil Raj was disbelieved, that the defendant No.1 also failed to prove that the plaintiff had stolen the stamp paper, that on consideration of evidence on record, both oral and documentary, the learned Munsif found that the bainapatra Exhibit 2 was execut...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......e party Nos. 1 to 6 for obtaining LTI of the plaintiff-petitioner for comparison by the Finger print Expert with the registered sale deed dated 23. 10-1983 by his order dated 6-7-1992 11. From the record it appears that the plaintiff I petitioner filed another application for reconsideration of t...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237....... permanent licence of Nikah Registrar in accordance with law and inasmuch as Rule 5(1) is subject to rule 10 as to areas of the Nikah Registrar and upon scrutiny of the qualification, certificate and records by the advisory committee and upon satisfactory performance during the period of the tempora......he application on 12-8-95. On 12-10-95 District Registrar issued interview cards to the candidates including the petitioner asking them to appear before the Advisory Board on 25-10-95 but in spite of service of notice the petitioner did not appear and the Advisory Committee after scrutiny of papers ..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......d at Taka 2,60,000.00 in the assessment year 1993-94. 3. The original applicant was Abdul Hamid Chowdhury who died intestate on 23-8-98 and vide order dated 10-11-98 his heirs have been brought on record by Substitution in place of deceased applicant. 4. These reference applications arise out ...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......e Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking this Cour......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... No.76/98 was taken by the defendants to the learned District Judge which was heard by the learned Additional District Judge, Dhaka. The learned Additional District Judge considering the materials on record and also having regard to the relevant provision of Co-operative Societies Ordinance, 1984 se...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......isposal of the point involved as above we quote the relevant provisions of both the sections 439 and 439A of the Code of Criminal Procedure hereunder: “439. (1) In the Case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherw......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......e title and possession of the added defendants in the suit land, the plaintiff instituted the instant suit on false claims.
9. The Trial Court, after hearing the applications and on perusal of the record, was pleased to allow the applications and order to add them as defendant Nos.4 and 5 in the ......ration. Then, in 1989 the City Corporation granted lease of the entire land to the members of their two Samities on receipt of proper salami. Erecting shops and getting connections of various utility services to them, and doing business therefrom, the members of the Samity have since then been in po..
Category: Civil Law | Date: | Hits: 84
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