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Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......rt, Gazipur in Miscellaneous Case No.9 of 1998. 2. The respondents instituted Miscellaneous Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in questio..

Category: Property Law | Date: | Hits: 22

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......e opposite party No. 2 only and the learned appellate court allowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court. 3. The case of the plaintiff petitioner, in short, is that the suit land measuring about 23.50 decimals wit..

Category: Property Law | Date: | Hits: 25

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......sion No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, in short, are that Patuakhali Thana premises P.D.S. Maidan and also to the north of District C..

Category: Property Law | Date: | Hits: 31

Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)

....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......District Judge affirmed with modification of those of the Courts below. 2. The predecessor of the petitioners insti­tuted the suit for partition claiming a saham of 1.50 acres of land. The plaint case in short is that Habi Mondal and Halim Mondal were the owners of schedule 1 and 2 lands respect..

Category: Property Law | Date: | Hits: 23

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the Sub-Registrar, Palong, Shariatpur is forged, fabricated and void. Plaintiff’s case in short is that the plaintiffs inherited the suit land and while they were enjoying the same t..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

.... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... 1988 in the Court of Senior Assistant Judge, Dumuria, Khulna for setting aside the ex parte decree dated 28th February 1987 of the learned Munsif, 1st Court, Khulna in Title Suit No.537 of 1981. Its case in short is that the respondent Nos.1-3 instituted Title Suit No.537 of 1981 in the First Court..

Category: Limitation Law | Date: | Hits: 149

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ...... of 1995. 2. Petitioner instituted the above suit against the respondent for declaration of title in the suit property measuring 2.67 acres of land as described in the schedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request of the local ..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ......onal District Judge, Naogaon in Title Appeal No.147 of 1997 reversing those dated 04.06.1997 passed by the Subordinate Judge, 3rd Court, Naogaon in decreeing the suit. 2. The facts involved in the case, in short, are that the land of lot No.1 of 'Ka' sched­ule land of the plaint belonged to Gada..

Category: Property Law | Date: | Hits: 58

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. ......ted 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 writ petitioner responde..

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. ......l is directed against the judgment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahad..

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........ The petitioner sought advice of the filing lawyer of the first appeal in the High Court Division and the lawyer for the petitioner 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 resp..

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.......ion No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the case, in brief, are that the respondent No.1 herein, being the attorney of the owner, Hajera Bibi an..

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.......aken for setting up of a permanent office of union parishad at Kamargaon village and that the trial Court after perusing all the materials on record, decreed the suit but the appellate court sent the case back on remand to the trial Court on the ground that in the judgment of the trial Court there i..

Category: Civil Law | Date: | Hits: 72

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......served. Mr. M Faruque, learned Deputy Attorney General has submitted that as regards the prisoners if they are released immediately after serving out of sentence according to the above rules, in that case such prisoners may face more difficulties and may be arrested again as they would not be in a p..

Category: Constitutional Law | Date: | Hits: 123

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. ......ladesh to any person who is a citizen of any state of Europe or North America or of any other state which the Government may, by notification in the official Gazette specify in this behalf. (3) In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under A..

Category: Election Law | Date: | Hits: 94

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2008, 37 CLC (HCD)

....া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ...... of the Chittagong Hill-Tracts shall constitute three separate civil jurisdictions under three District Judge. (4) The Joint District Judge as a Court of original jurisdiction, shall try all civil cases in accordance with the existing laws, customs and usages of the districts concerned, except th..

Category: Constitutional Law | Date: | Hits: 117

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. ......ow on his head with his chinese axe and others also variously assaulted Azam and Shazal, as such, Azam died there while Shazal was seriously injured. 3. The police on receipt of the FIR, started a case under Sections 143/341/324/326/307/302/34/114 of the Penal Code, which is now pending before th..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......ernment Primary School is not comprehensible. It is the personal choice of a woman to wear veil or to cover her head. Any such attempt to control a woman's movement and expression and further in this case threatening the teacher concerned for her failure to do so is clearly a violation of her right ..

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.......re being an appealable order under Order 43 rule 1(d) of the Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case being filed out of time by 5 days and there being no prayer for condonation of delay and the de..

Category: Procedural Law | Date: | Hits: 83