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Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....me. 3. The pre-emptee contested the case by filing written objection denying the material allegations made in the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge mon...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......and writ respondent No.3 the Ministry of Industries not being the owner of the case and were not competent to make any representation to grant lease of the case land to the writ petitioner and in the absence of any unequivocal promise made by the Chittagong Port Authority and change of position by t......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......f the cheques by the Bank concerned does not arise at all, which is very vital for determining whether or not the cause of action for filing a complaint has arisen. He further submits that in the absence of cause of action, the initiation of the proceedings is an abuse of the process of the cour......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..Category: Criminal Law | Date: | Hits: 34
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......hearing the reference and the appeal and the jail appeal held as under: "The above evidence of P.Ws.1-6 as to presence of marks of hurt on the person of the deceased her normal eyes, nose etc. and absence of any the symptoms of death by hanging are not tainted and do not suffer from any infirmity......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......ted the lease by giving a notice for 90 (ninety) days, invoking clause 14 of the Agreement. The legality of such termination can be decided on taking evidence in a civil suit but not under the writ jurisdiction of the High Court Division. 10. Under such circumstances, the High Court Divisio..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....he suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....and the land described in Schedule-II belonged to Jogendra Lal in raiyati right. Nolini sold the lands described in schedule-I to Moni Bala Dey by a kabala dated 20.06.1947 while Jogendra Lal sold in total 0.09 acres of land to Moni Baloa by another registered kabala dated 22.05.1947. Jogendra Lal s......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..Category: Limitation Law | Date: | Hits: 181
....of House rent installments for the building and obtained receipt therefore. While owning and possessing the building, said Imam Box made a contract with the petitioner for sale of the building at a total consideration of Tk. 19,000/- on 31.12.70 and out of which an amount of Tk. 10,000/- was paid ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
..
Category: Property Law | Date: | Hits: 21
....o the petitioner by the end of the next calendar month. In other words, the proceeds of the sale of tickets for the month of July 2002 became payable by August 31st 2002. The respondent however, in total violation of the terms and conditions of the agreement, defaulted in paying the said sale proc......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......e Court directed to accord sanction on 12.09.2001 and the Government did not accord sanction to prosecute the accused public servants within 60 days and after lapse of 60 days the trial Court had the jurisdiction to proceed with the case in holding that the Government failed to send sanction to pros..Category: Criminal Law | Date: | Hits: 46
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......prisonment of the judgment debtors for three months, the period to be counted from the date of arrest.
3. Being aggrieved there-against the plaintiff moved the High Court Division in its writ jurisdiction, whereupon a Rule was issued. The High Court Division on hearing the contesting parties..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......abinet as ministers do not bring their action within the mischief of Article 70 of the Constitution. Thus, there is no question of vacating their seats in Parliament by the said two members. In the absence of any prima facie evidence on their resignation or casting vote against the party decision,...... opposition members, bars this court from interfering in the matter. It is sought to be argued on behalf of the Speaker, Respondent No. 1, that the question involved in this case was taken out of the jurisdiction of the court by provision of Article 78 of the Constitution. The Attorney General relie..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....nexure-‘d’ to the writ petition) The implementation, Monitoring and Evaluation Division (IME) of the Ministry of Planning made an Evaluation Report on 14.11.2000 recommending to absorption of the total project with manpower to the revenue budget and issued memo dated 14.11.2000 to the Secretary,...... ...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....aning of Article 70 of the Constitution and that is a decision which the Constitution does not require the S to give. It is the Election Commission which will decide the meaning of resignation in its totality raking account of the various languages concerning resignation employed in the Constitution......on under Article 78 of the Constitution. We held that there have been vague assertions both in the writ petition and in the affidavit-in-opposition as to the points of order and the ruling but in the absence of any authentic materials we did not think that a plea of bar under Article 78 could be rai......he provisions of the Constitution and the Rules of Procedure of Parliament the Speaker disposed of the points of order by giving his ruling in Parliament on 21.4.98. The Speaker thus acted within his jurisdiction and the ruling delivered by him is very much a part of the proceeding of Parliament whi..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....ti-Corruption Commissioner Act, 2004 by concealing the description of his property in his statement of asset. Scrutinizing his statements of asset as mentioned under the "Income/Received" heading the total income of the respondent was found to be Tk. 1,28,41,800.00 and from the description given by ......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......he possession of as well as the dispute as to recording of the name in respect of the suit land in the records of right, cannot be resolved without taking evidence, which is discouraged in the writ jurisdiction. 13. In the premises we find substance in the appeal. Accordingly the appeal is ..Category: Property Law | Date: | Hits: 21
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......olding that the transaction in question in between the parties is an out and out sale and the same does not attract any condition of mortgage." The High Court Division noticed that while exercising jurisdiction under Section 115 of the Code of Civil Procedure the High Court Division is not permitt..Category: Property Law | Date: | Hits: 21
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......-land was Osman Miah and not Osman Gani. This finding of the Appellate Court, he submits, was not properly reversed by the High Court Division, rather, the High Court Division exceeded its revisional jurisdiction in reversing the decision of the lower Appellate Court without consideration of the evi..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
.... is entitled to a decree in preliminary form in .134 acres of land by way of inheritance and .248 acres of land by way of gift vide the deed of gift dated 26.11.1990 by her brother co-sharer and in total .382 acres of land and 111 share in three houses of tin sheds as specified in schedule 'Ka'. ......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......se of non-service of summons o fraudulent suppression of summons 01 defendant No. 18(ka)-18(Uma), who are the present plaintiffs-petitioners. The High Court Division has correctly noticed that has no jurisdiction to disturb the concurrent finding of fact arrived at by both the courts below and there..Category: Property Law | Date: | Hits: 35
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