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Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......le to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief…………………..(18) Lawyers Involved: Mahmudul Islam, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-R..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in resp...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, Advocate-on..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......Not represented-Respondent Nos.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 p......itution stated that theywere in the service of the Government in the 1st and 2nd live stock development projects since 1977 and were guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the prov......Respondents (In C. P. No. 989 of 2005) A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney Ge..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......n, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advo..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed b...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: Md. Abdur Razzaq, Senior Advocate, instructed by A. K. M. Shahidul Hu..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ...... Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......p;……...Petitioner Vs. The State represented by the Deputy Commissioner of Dhaka………....Respondents Judgment August 8, 2004. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocat..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......spondents Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passe......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......lip;…….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represent..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......5. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passe......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......ip;…….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on R..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ...... instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......hellip;……….Petitioners vs The State, represented by the Deputy Commissioner, Chittagong and another ......Respondent Judgment April 17, 2005. Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Nawab Ali, Advocate-on-Reco..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ecord-For the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 30, 2006. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advo..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... 2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......................Petitioner Vs The State……………..........................................Respondent Judgment January 2, 2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......r Respondent No.2 Ozair Farooq, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 3 Not represented-Respondent No.1 Civil Petition for leave to Appeal No. 170 of 2005. (From the Judgment and order dated 01.11.2004 passed b......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......Abdul Wahed ........................................Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......bdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead o...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Reco..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... Judgement: Md. Tafazzul Islam J.- The defendants filed this civil petition for leave to appeal challenging the judgment dated 25.2.2004 passed by a Single Bench of the High C......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......s. Mohammad Tafazzal Mondal and others.............Respondents Judgement June 19, 2006. Case Referred to- Bhagoban Das vs. Mahadeb, AIR 1923 Allahabad 298. Lawyers Involved: S. M. Zillul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Adv..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ....... Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chy. Md. Zahangir, Advocate-..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......89) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted judicially ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......nd others………………………………………….Respondents. Judgment January 12, 1998 Lawyers Involved: A. K. M. Shafiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Re..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......vil Petition No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20t......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......n Civil Petition No. 163 of 2004) Nur Hussain and others….................Respondents (In Civil Petition No. 06 of 2004) Judgment January 4, 2005. Result: Leave is granted. Lawyers Involved: T.H. Khan, Senior Advocate, (Dr. M. Zahir, Senior Advocate with him), instruct..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......dlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cutting for Railway. The land was subsequently de-requisitioned and resto......ut filing a proper suit for declaration of title and recovery of possession and as such the writ petition is not maintainable. The MLO No. 128/86 dated 13.05.1986 having been issued by the then Chief Martial Law authority, the same is protected under Act No.1 of 1986 and as such writ petition does n......ppellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 64 of 2004) Judgment July 25, 2006 Result: All the three appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman..Category: Property Law | Date: | Hits: 91
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