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S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......sp; Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......l of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of fact so it can not be decided under article 102 of the constitution in Writ Jurisdictio..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ality and the perception of independence. The whole scheme is to shut the doors of interference against executive under lock and key and therefore prudence demands that such key should not be left in possession of the executive. 169. Let us now consider the question of convention of consultation......i, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal Corporation Vs. The King (1935......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......es have been narrated in details in the main judgment. So I do not like to re-state those. 3. In these cases non-appointments of some judges of the High Court Division are challenged and called in question on the ground that they have not been appointed under Article 95 of the Constitution inspit..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....aton who was possessing suit land for about 24 years and then transferred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton,......; Suit No.163 of 1998 in the 3rd Additional Assistant Judge, Noakhali impleading the defendants praying for a decree for permanent injunction restraining the defendants from entering into the suit land by force alleging, inter alia, that the plaintiff purchased the suit land from one Monoza Khat...... Ed. This Case is also Reported in: ......he 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: ..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the 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: ......hose dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R.S. Plot No.182 b......for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... of the 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: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....onditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 60 acres leased out land to the petitioner’s co......No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receip......cordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....month and after depositing all the money obtained sale certificate but wrongly it was not mentioned that the defendant was a benamder of decree holder Zulkader Khan and on 10.12.1987 delivered the possession and the said Money Execution Case No.2 of 1985 was disposed of with full satisfaction fo......Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subordinate Judge, Sunamgonj but wrongly included the 'Kha' schedule land of the Shoshi Mohan and others in auction. On 09.05.1987 the Court did not accept the auction ......t represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of 2002). Judgement &n......by the respondent No.14 even after 3(three) months of the judgment and order was passed on 25.04.2006 discharging the Rule in favour of the present petitioner in open Court; that the census list in question produced before it by the respondent No.14 was not exhibited and proved in the trial Court..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......orces of other countries of the world. 14. And whereas the following inadequacy and limitations appear for the trial of the offences committed in BDR mutiny if held under the existing laws of the land i.e., Penal Code; a. Penal Code and other Penal laws of the land have not dealt with the off......sed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ...... Ed. 281 (1866). Special Reference No.1 of 2009 (Under Article 106 of the Constitution) Opinion: MM Ruhul Amin CJ.- I agree with my learned brother, Md. Abdul Matin, J that our answers to questions A and B of paragraph-17 of the Reference should be in the negative. Mohammad Fazlul Ka..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......n objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the pre-emptee has developed the case land investing Taka 2000 and that the case land was purchased within the knowledge as well as in p...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......tter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... and the postmortem report the learned Counsel has referred to the case of Rameshwar Dayal vs. State of U. P. reported in AIR. 1978 S.C.1558. 12. It appears that in the case of Rameshwar Dayal the question was the existence or otherwise of four live cartridges which any layman can notice and th..Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....sion taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of the respective plots were handed over to the respective constituted attorni......the impugned Memo dated 16.11.2000 cancelled the allotment of the plots in their favour and also cancelled the approval of the Ministry as regard the Powers of Attorney in respect of the said lands; construction of 500 flats as proposed will not in any way fall within the site plan of ......iding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......cel the allotments. 3. The respondent No.1 opposed the Rules and filed affidavit-in-opposition as well as supplementary affidavits categorically denying that possession of the plots in question had been handed over to the petitioners and/or that any construction has been made on the ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferred the same by a deed of relinquishment dated 18.09.1986 in favour of the plaintiffs. The plaintiffs have been in possession. The defendant Nos.1 and 2, behind the back of the plaintiffs instituted Other Class Sui......hort, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
.... permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant petitioner contested the suit by filing written stateme...... the court of the Assistant Judge, Manikganj against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusi...... Ed. This Case is also Reported in: VI ADC (2009) 684. ...... by the evidence on record succeeded in proving his title and possession in the suit land and the courts below did not commit any illegality in appreciating the evidence on record and that the question of identification of the suit land having not been raised in the courts below merited..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been owning and possessing the suit land, detailed as......on to the effect that the order dated 31.03.1986 passed by the defendant No.4, U.R.O. Chittalmari Upazilla, in Miscellaneous Review Case No. 100784-85 in respect of settlement of the 'Ka' schedule land is illegal, void and without jurisdiction and is not binding on the plaintiff and to restrain......or leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......nt and order of the High Court Division and other papers on record. 6. It appears that the High Court Division considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also consid...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....n one Sattar. Thereafter, in 1397 B.S. the plaintiff came to know that the S.A. record was wrongly prepared in the name of the defendant No.1 in spite of the fact that the same is in his exclusive possession. Due to such wrong record, title of the plaintiff having been clouded filed the suit for......9.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land after his death heirs son Amiruddin, Zainuddin and daughter Banu Khatun inherited the suit lan......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they entitled to get decree for khas possession of the suit land, on the averments that the suit land originally belonged to Abdul Ali,...... Court of Subordinate Judge (now Joint District Judge), Dhaka for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit lan......nterference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......he Ministry of L.A. and L.R asked the A.D.C. (Rev) Dhaka to look into the matter whereupon a local inquiry was conducted by a kanango who eventually submitted his report with the finding that land in question belongs to Rustom Ali and so for establishment of the proposed market, the suit land is to ..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......ere we could find any earnest desire or honest move or bonafide intention on the part of the contemner No. 2 and 5 to implement the direction of this Court. On the contrary we find their moves land towards hindering the directions not to implement the order of this Court. Furthermore, the co......ssed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....e compensation money to the Deputy Commissioner but in spite of that the deputy commissioner did not complete the process of de-requisition. It was the case of the writ petitioners that they are in possession of the land and that they have exclusive right, title, interest and possession in the la...... notice of Rajdhani Unnayan Kartipakky (RAJUK) published in the 'Daily Ittafaq' on September 7, 1994 inviting application from the persons who were affected because of the acquisition of their land by the L.A. Case Nos. 138 of 1961-62, 91 of 1957-58 and 26 of 1959-60. The writ petitions as ......ls are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......48 of 1996 and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ pe..Category: Property Law | Date: | Hits: 41
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... and, as such, the High Court Division made illegal use of the police diary in disbelieving the PWs 2 and 3. 16. It further appears that the High Court Division confused the pathway and the vacant land as two distinct and different places whereas the path- way has been shown in the sketch map adj......his judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......held without complying with the requirements of section 339B of the Code of Criminal Procedure. 18. It appears that the High Court Division did not give any finding on this point and since it is a question of fact about the sufficiency or otherwise of circulation of the newspaper this cannot be r..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... 6. It appears from the record that the original shipping document in respect of any consignment of goods exported, the bills of lading are indeed, the title deeds to the consignment in question; that the defendant No.1, carrier of the consignment had delivered the consigned goods to ..Category: Business or Commercial Law | Date: | Hits: 178
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