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Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......audulently although the plaintiff had been living in West Pakistan serving in the Air Force. That it is stated that the original Title Suit No.18 of 1956 was filed in the First Court of Subordinate Judge and subsequently, the said Title Suit was transferred to the Fourth Court of Subordinate Judg..

Category: Property Law | Date: | Hits: 102

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......ourt Division in Civil Revision No.1056 of 1995 making the Rule absolute and thereby dismissing the suit upon reversing the judgment and decree dated November 26, 1994 of the 1st Court of Subordinate Judge, Sadar, Chittagong in Small Cause Court Suit No.3 of 1989. Plaintiff filed the said suit seeki..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......n the light of some observations made by the High Court Division in the judgments delivered in the review petitions the Government has filed O.C Suit No.109 of 1995 in the 1st court of Subordinate Judge (now Joint District Judge), Chittagong for a declaration that by virtue of the alleged oral g..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....trict Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declaration that the Memo No.560 dated 09.06.1984 issued by the defendant No. 6 (Sub Divisional Engineer, P.W.D., Sub-Division No. 1 Tejgaon Industrial Area, Dhaka) is illegal, unlawfu......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......iled seeking review of the judgment in the civil revision. The revisional application was filed by the plaintiff against the judgment and order dated 24.05.1993 of 6th Court of Additional District Judge, Dhaka, passed in Miscellaneous Appeal No. 45 of reversing the judgment and order dated 20.02..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......nterest in the case holdings. 5. The pre-emptor Nos. 1 & 2-3 three separate miscellaneous appeals against those judgment and orders passed by the trial court before the learned District Judge, Bakergonj and the appeals were head by the learned Additional District Judge, who allowed al..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ...... the High Court Division in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12..

Category: Property Law | Date: | Hits: 25

Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)

.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......nbsp;              Md. Abdul Matin J. - This appeal is directed against the judgment and order dated 22.11.2005 of the learned Third Judge of the High Court Division passed in Death Reference No.81 of 2003 (heard analogously with Cr..

Category: Criminal Law | Date: | Hits: 52

Shahar Ali and others Vs. State, 2008, 37 CLC (AD)

....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......assed by  the High Court Division in Criminal Appeal No.1068 of 1997 affirming the judgment and order dated 10.05.1995 passed in Sessions Case No.142 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code a..

Category: Civil Law | Date: | Hits: 87

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......, 48, 49, 70 and 76 along with running 8 industrial units set up by the appellants at a huge cost was purportedly acquired by the respondents under Section 93A of the Town Improvement Act, 1953 in Special L.A. Case No.8 of 1964-65 for setting up a Rehabilitation Zone for rehabilitation of the pe...... First Miscellaneous Appeal No.229 of 2003 heard analogously with Cross-First Miscellaneous Appeal No.294 of 2003 arising out of Arbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case bac..

Category: Property Law | Date: | Hits: 37

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....the High Court Division in Criminal Appeal Nos.3888 and 3889 of 2002 dismissing both the appeals and thereby affirming the judgment and orders dated 25.6.2001 and 18.6.2001 respectively passed by the Divisional Special Judge, Chittagong in Special Case No.29 of 1994 and 7 of 1996 arising out of G.R.......urt Division in Criminal Appeal Nos.3888 and 3889 of 2002 dismissing both the appeals and thereby affirming the judgment and orders dated 25.6.2001 and 18.6.2001 respectively passed by the Divisional Special Judge, Chittagong in Special Case No.29 of 1994 and 7 of 1996 arising out of G.R. Case Nos.3......sion in Criminal Appeal Nos.3888 and 3889 of 2002 dismissing both the appeals and thereby affirming the judgment and orders dated 25.6.2001 and 18.6.2001 respectively passed by the Divisional Special Judge, Chittagong in Special Case No.29 of 1994 and 7 of 1996 arising out of G.R. Case Nos.36 and 35..

Category: Anti-Corruption Laws | Date: | Hits: 117

Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

....t 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: ......t 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: ......dus Salam on 9.4.1973, no deed of agreement has been filed in support of the above claim and further there is nothing on record to show that permission was obtained by Jebunnessa from the District Judge, Dhaka to sell the case property and furthermore no permission of the Government was also tak..

Category: Property Law | Date: | Hits: 26

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......g the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of 2007 was filed challenging the proceeding of Metropolitan Special Case No. 102 of 2007 arising out of Gulshan Police Station Case No. 86 dated 22.03.2007 corr...... 26 and 27 of the Anti-Corruption Commission Act, 2004 read with section 109 of the Penal Code and Rule 15 Gha (5) of the Emergency Power Rules, 2007 now pending in the Court of Metropolitan Sessions Judge and Senior Special Tribunal, Dhaka. 3. The aforesaid writ petition was moved before the le..

Category: Civil Law | Date: | Hits: 125

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......sed by a Single Bench of the High Court Division in Civil Revision No. 4274 of 1994 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land..

Category: Property Law | Date: | Hits: 26

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......ed 15.05.2007 passed in Civil Petition for Leave to Appeal No. 885 of 2005 dismissing the petition. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Sen..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......he High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 03.06.2003 praying for declaration of title in the suit property. The defendant..

Category: Limitation Law | Date: | Hits: 171

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......heirs of Kamini Kumar Roy failed to execute and register the necessary sale deed in favour of the plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the First Court of the Subordinate Judge (now Joint District Judge), Comilla for Specific Perform­ance of Contract. The suit was decre..

Category: Tenancy Law | Date: | Hits: 141

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......n of PRB. Charge has been framed against the petitioner on the allegations of negligence of duty and misconduct warranting major penalty. These two offences are punishable under the Police Officer (Special Provisions) Ordinance,1976. After promulgation of the said Ordinance for the offence of mi......ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ..

Category: Employment/Service Law | Date: | Hits: 91

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......r. Justice Shamim Hasnain made the Rule absolute holding that the Court ought to have decreed the suit against the guarantor and the writ petition is maintainable and, on the other hand, the other Judge/Mr. Justice Imman Ali discharged the Rule holding that the writ petition is not main­tain..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......e petitioner for eviction from the case property on the score that the said property is an abandoned property. Thereafter the petitioner instituted OC Suit No. 408 of 1976 in the Court of Assistant Judge, Rajshahi Sadar, Rajshahi praying for perma­nent injunction against the Government in re..

Category: Property Law | Date: | Hits: 23

Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

....sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......ssed by a Single Bench of the High Court Division in Civil Revision No. 4642 of 1997 discharging the Rule. 2. The plaintiff instituted Title Suit No. 82 of 1993 in the 1st Court of Assistant Judge, Dhaka subsequently transferred to the Court of Assistant Judge, 3rd Court, Dhaka and the sui..

Category: Civil Law | Date: | Hits: 83