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B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emaÂnated from the Election Commission as such. In the result, this petition is, therefore, disÂmissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......f the secretary as because the impugned order was the order that emanated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. ......ition is, therefore, disÂmissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218........ Wahidullah, Advocate-on-record — For the Respondent No. 8. Civil Petition for Leave to Appeal No. 258 of 1989. Judgment Badrul Haider Chowdhury J. - In this peÂtition for leave the only question is whether the order of the Election Commission could be termed as of no legal effect as it..Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....der ArtiÂcle 34 of the Bangladesh Shilpa Bank Order, 1972 (PO 129/72) stating that as on 13.9.87 the outstanding amount due to the Bank was Tk. 2,22,53,815 and that the Bank had decided to take over possession of the vessels and sell them on 5.12.87. The petiÂtioners sent a reply to the said notic......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......€” payable in 4 instalments. On 29.12.88 the respondent no. 4 paid the first instalment of Tk. 25 lakhs and the Bank delivered possession of the two vessels to it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various grounds as to v..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......gh Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......rt DiviÂsion has done, that the word 'may' ought to be read as 'shall' and the CMLA is bound to consider and dispose of an application for review which has been filed to him. In the instant case the question does not seem to be very material, because, admittedly the CMLA's Secretariat already proce..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The Union Parishad Ordinance referred to above (section 29(4)) is an illustration on the point. Even such expressions of finality were held to be not of any bar in a proceeding for certiorari in England or in exercise of the power of revision by the High Court in this country. In Regina Vs. Medica......he Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......sion should not hesitate to issue a writ in the nature of certiorari as the judgment of a court is under challenge. 4. The learned Judges of the High Court DiviÂsion, however, themselves raised a question as to whether the application (writ petition) as filed was maintainable or not. It was obse..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......s Dr. Nazrul. However, the statement of the deceased said to have been made in his house is bound to give rise to the same suspiÂcious on account of the failure of the prosecution as stated above. A question may be asked as to why the evidence of PW 1, Shahabuddin Ahmed alone should not be consider..Category: Criminal Law | Date: | Hits: 44
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....e and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of the land in suit and for recovery of possession upon eviction of the lessees of the defendants. 2. The suit was filed stating, in......Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ich was not the case of the plaintiff i.e. that defendants evicted the plaintiff from the land in suit and thereupon leased out the same treating the land in suit as vested property, addressed the question of possession and dispossession of the parties. 8. Leave was granted to consider th..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....that the suit is not maintainable as there was no cause of action. That Nur Ahmed and others did not sell the suit land to the respondent No.1 and that they did not threaten respondent with dispossession from the, suit land. Their contention is that they have got right, title, interest and ...... filed Other Class Suit No.42 of 1987 under section 14(2) of the Arbitration Act, 1940 in the Court of Assistant Judge, Chakaria under District Cox's Bazar stating, inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians h......also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......us where the arbitration agreement did not provide for the time within which Arbitrators shall make their award but made the award beyond four months from the date of entering on the reference the question arises as to whether the award before such period without any extension of time is valid o..Category: Property Law | Date: | Hits: 41
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ginal file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 8...... 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 859 of Mouza Char Mominp......ce with law. The appeal is accordingly allowed without any order as to costs. Ed. ......ptance of the Advocate Commissioner's report beyond the time granted earlier for the ends of the Justice and the further submission that in view of the facts and circumstances of the case the question whether time granted by the High Court Division for doing an act can be extended by t..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....he petitioners, as plaintiffs, filed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that they are in possession of 2080 Aujutangsha of land in plot No. 23 and 1.161/2 acres of land in Plot No. 25 by fe......ed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that they are in possession of 2080 Aujutangsha of land in plot No. 23 and 1.161/2 acres of land in Plot No. 25 by fencing, earth filing, planting tree......t Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......nd Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-sharer, in respect of sale held on January 28, 1987. It may be mentioned land sought to be preempted is 12 decimals. It was the case of the pre-emptor that although l......e High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......nding that the transaction between the pre-emptee opposite party No.1 and the seller opposite party Nos.2 and 3 is an exchange and that the contention of the pre-emptor that the transaction in question is a sale is not correct and as such prayer for pre-emption is not maintainable. The ..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ame in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the defendant Nos.1 and 2 to have been acquired by adverse possession in respect of the part of the land in suit and that further declaring the judgment and de......f the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the defendant Nos.1 and 2 to have been acquired by adverse possession in respect of the part of the land in suit and that further declaring the judgment and decree in Title Suit No. 206 of 1976 void a......ccordingly the appeal is allowed withÂout any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......dent No.1. 11. It is seen from the judgment of the High Court Division that the said Division while setting aside the judgment and decree of the lower appellate Court did not address itself to the question of maintainability of the suit, particularly because of the fact that the trial Court decre..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of......ayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Ka......to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......peal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ed 25.10.2003 is trying to deliver the merchandise in favour of M/S. Super Oil Refinery Ltd. and in collusion with the defendant No.2 and hence was the suit for declaration that the merchandise in question belongs to the plaintiff and for other ancillary reliefs. 4. On 01.03.2004 an appli..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....83 and there has been separation of the holding and the parties are in enjoyment separately by conÂstructing different structures having separate boundaries, that father of the purchaser had been in possession of the demised land with structures as a Bharatia under the vendor, and he (pre-emptee) m......nate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the land sought to be pre-empted. 2. Pre-emption was sought under section 24 of the Non-Agricultural ......317 of 2002 wherein leave has been grantÂed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grantÂed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......f the constituÂtion of the country. An individual businessmen's claim cannot be entertained by stamÂpeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting...... 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......t and with due consideration of the necesÂsity of granting such licence in the perspective of degradation of moral values, increasing social crimes and negative public stance against the products in question . 8. He further submits that section 3 of the Narcotics Control Act, 1990 (as amended in..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......he petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......36 of 2005 has also been preferred at the instance of the same petitioners i.e. the Government of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, i..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....o. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anuk......t was affirmed . 2. The petitioner filed the above suit for specific performance of contract and also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered i......tion of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ...... Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Kishoreganj was renumbered as Partitio......ials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....cessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter alia, t......amely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter alia, that land comprising of......y granted earlier be extended for further period of 6 (six) months from date. Ed. ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......of 2005. The petitioners are also permitted to add additional grounds. Ed. ......on he refers to Annexure-c series and points out that the selection has been made quite legally. 11. He further submits that the writ petitioners themselves responded to the advertisement in question and pursuant to the letters issued to them inviting them for interview attended the interv..Category: Employment/Service Law | Date: | Hits: 86
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