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Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......ssistant Judge set aside the ex parte decree observing that the suit property originally belonged to C.S. recorded owner Azim Munshi, that the service of the summons was not made in accordance with law, that the heirs of Azim Munshi including Majom Ali were residents of Asam, India, and therefore ..Category: Property Law | Date: | Hits: 21
....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.
......y of Works to mutate her name and then site applied on 7.9.1996 to the Ministry of Works to release her building from the list of abandoned bulling on the ground that no notice, as required under the law was served on her. The Ministry vide letter dated 12.1.1998 informed the petitioner to apply to ..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ivision. 6. Leave was granted to consider firstly, as to whether the alleged mutation in the name of the petitioner's mother was actually made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......from the C schedule property only but not from either A or B schedule properties as mentioned in the plaint. 10. He further submits that the learned Judge in the High Court Division erred in law as well as in facts in not appreciating that the defendants were not evicted other than the suit..Category: Civil Law | Date: | Hits: 105
....rd.
16. The learned Counsel submits that that the arbitration application is not maintainable in view of the fact that the present respondent did not deposit the award money in compliance of the provision as laid down in Section 42 of Arbitration Act deposit the award money and security which i......did not deny the petitioner's claim of the outstanding sale proceeds for the months of July and August, 2002 in the meeting held in the chambers of the petitioner in the presence of both parties' lawyers on 21.09.2002. Instead, at the meeting and thereafter, the respondent proposed various modes..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....ellant that "the record shows from the date of writing to the Government for according sanction to take cognizance against the accused who were public servants, 60 days expired and accordingly as per provisions of Section 6(5) of the Criminal Law Amendment Act, 1958 it will be deemed that sanction w......er provisions of Section 6(5) of the Criminal Law Amendment Act, 1958 it will be deemed that sanction was duly accorded but the learned Senior Special Judge did not follow the mandatory provisions of law and accordingly, refused to take cognizance against the public servants. He further submitted th..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....statement, the evidence on record and the judgment and decree passed by the learned Assistant Judge and the impugned judgment and decree passed by the learned Subordinate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 and 87 of t......d it is only such accretion which took place after the coming into force of part V of the Act, to which sub-section (1) read with sub-section (2) of section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the in..Category: Property Law | Date: | Hits: 24
....ahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin Adalat Ain, 2003. The respondent-bank filed Artha Rin Suit......any view of the matter, the learned Judge of the Adalat committed no illegality in passing the impugned order of civil imprisonment rather, it appears to us that the impugned order is well founded in law. The learned Judge of the Adalat appears to have considered all the legal aspects.
In vie..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....titioners have written the letters to the Speaker, who is under the constitutional obligation, to refer the matter to the Election Commission under Article 66(4) of the Constitution read with the provisions of Act 1 of1981 for the determination of the dispute. 9. It is further stated that t......98 and 18.2.98 respectively, to the Bangladesh Election Commission, under Article 66(4) of the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal questi..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... others Vs. Government of the People’s of Bangladesh and others, their Lordships held that :- “Admittedly the appointments of the petitioners in both the writ petitions were made under the provisions of the project proforma (PP) as evidenced by Annexure’a’ of both the writ petitions. ......lar of the government shall prevail and as because the post of MLSS is not yet sanctioned finally by the Secretary Committee. The claim of the petitioners to get absorb in the post of MLSS is without lawful basis and therefore, stands to be cancelled right way. The conditions No. 2 of the contract l..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.... Parliament raised two substantive points of order in the Parliament as regards the membership of the concerned members. After considering the facts and circumstances of the said points of order, the provisions of the Constitution and the Rules of Procedure of Parliament the Speaker disposed of the ......r voted in the Parliament against their party (BNP). Each of the writ-petitioner than sent a demand justice notice upon on the speaker and thereafter field the writ petition raising various issues of law. 5. The Speaker, who was respondent No. 1 in the writ petition, did not appear and file a..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......mity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamrul Islam Sohel (25) and the cousin brother-in-law, namely, Md. Chunnu Mollah ca..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......gment dated 17.01.2005 and as such the impugned judgment and order is not sustainable in their respect and on the other had, conviction and sentence of accused Elas Bepari @ Aklas is sustainable in law." It appears that the findings of the High Court Division is based on proper apprecia..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....h under chapter XXXIX and for the convict under Section 426 of the Code of Criminal Procedure. 15. The learned counsel lastly submits that since the respondent has already been convicted the provisions of Sections 496 to 498 of the Code of Criminal Procedure are not applicable in his case a......tioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. The learned Counsel submits that the High Court Division erred in law by entertaining the application under Section 561A of the Code of Criminal Procedure from a fu..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....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. ......hitened) under SRO No. 200-ain/2005. That property worth of Tk. 1,19,83,453/- is disproportionate to the latest income tax return filed by the respondent and his wife who have been acquired through unlawful means and beyond known source of income. During the enquiry it was found that the responden..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....008, rejecting the petition summarily filed under Article 102 of the Constitution. 2. The facts leading to the filing of the writ petition are that the Agrani Bank Limited filed a suit under the provisions of the Artho Rin Adalat Ain, 2003, against M/S. Oyester Fashion Limited and others, prayi......etition. The High Court Division also summarily rejected the petition. 4. Md. Nawab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner, submits that the correct principle of law has not been reflected in the order passed by the High Court Division. 5. We have heard the l..Category: Banking Law | Date: | Hits: 77
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. ......the gazette notification dated 18.11.1961 published on 30.11.1961 (Annexure-F to the writ petition) so far relates to the property detailed in the schedule of the writ petition is illegal and without lawful authority and of no legal effect. 5. The High Court Division in making the Rule absolu..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......d application was never considered although the case of this defendant-petitioner from the beginning was that he got 5.60 acres from Samiruddin, as such, the High Court Division committed an error of law and exercised his discretion unjustly in refusing to call for the volume on an erroneous groun..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......d the Rule with a cost of Tk. 20,000/-. 5. Mr. Zainul Abedin, learned Advocate-on-Record appearing for the petitioner argued that the learned Single Judge of the High Court Division erred in law in reversing the judgment of the court of appeal below without dislodging the findings of fact..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......f the High Court Division made the rule absolute. 7. Mr. Goutum Kumar Roy, the Deputy Attorney General for the petitioner submits that the learned Judge of the High Court Division erred in law in not interfering with the judgment of the court of appeal below in failing to consider that ..Category: Property Law | Date: | Hits: 25
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