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Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

.... and that Jobdul Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alek......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

....e of the point involved we have heard him, who has relied on the decision reported in 44 DLR (AD) 233 and submitted that admittedly the plaintiffs who were owners of the suit land sold the same by registered kabala dated 5-2-1963 to the defendant No.2 with a condition to re-purchase on payment o...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......s not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11)  Cases referred to: Abu Bakkar vs. Nazir Ahmed 34 DLR (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....the provisions of sections 2, 4 and 6 of the said Act, 1989 and the violators thereof be prosecuted under provisions of section 9 of the said Act, 1989. They are further directed to ensure that the unregistered edible salt manufacturers are not allowed to produce, market and sell salt for human cons......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....s strongly denied by the plaintiffs. The learned Advocate for the plaintiffs contended that the deed of relinquishment does not confer title and this document being one over Taka 100 should have been registered as per provisions of Registration Act and for want of registration, the same is not a val......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

....f Order I of the Code of Civil Procedure praying for adding him as party in the suit stating, inter alia, that his father acquired the land by putta from its legal owner and he gifted the property by registered deeds of gift dated 05.02.1960 and 25.11.1986 to the petitioner and the petitioner is in ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......nd any illegality in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)

....n terms of that solenama. The defendant No.46 a pardanshin village lady who was living with her husband at village Bamonzol under Sunderganj Police Station and not at village Mirganj and no notice or registered card was served upon her and she was not aware of the service of summons and the result o......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury and another, 47 DLR (HC) 307. ..

Category: Property Law | Date: 7 Dec, 2004 | Hits: 88

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

....atian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......n January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo No.E-1(1)/Part-6/3224 dated 27-2001 giving current charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping to the respondent No.5 (Engineer a......nybody. In the light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)

....allotment order No.2033/CHS dated 22‑5-­1961 by the erstwhile Government of East Pakistan on certain terms and conditions. Subsequently, a lease deed No.7768 dated 14‑12‑61 was executed and registered by the then Government of East Pakistan in favour of Md. Yasin and possession thereof was...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....dent Nos.5 and 6. The Chief Metropolitan Magistrate thereupon transmitted the case record along with the judicial inquiry report to the respondent No.4 Sessions Judge, Dhaka. The respondent No.4 then registered and numbered the case as Metropolitan Session Case No.39 of 2004 and thereafter on due he......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....ce Station on 29-8-2004, and FIR was lodged on the same day with the allegation of offences under sections 419 and 505A of the Penal Code and eventually, Dhanmondi PS Case No. 61 dated 29-8-2004, was registered which ultimately, gave rise to GR Case No. 444 of 2004 and in that case Partha was taken ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....ant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transferred the case land by a kabala dated 24‑3­1-980 (registered on 26‑7‑1982) at a consideration of Taka 4,000 to pre-emptee respondent Nos.1 and 2 w......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ase on remand to the trial court on the plea of waiver......................(18) Cases Referred to- Messrs Binning & Company (Bangladesh) Ltd Vs. Messrs Nasirabad Properties Ltd, 40 DLR (AD) 89; Shamsul Huda (Md) being dead his heirs; Hafez Md. Ismail & others Vs. Bangladesh and oth..

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

....No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of ad-valorem court fees got the appeal registered as FA No.356 of 03 purportedly under section 17 of the Arbitration Act, 1940, in brief, t...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....ts. 13. Their common case, in short, is that on 4-­8‑84 one Mizanur Rahman lodged a FIR against Anisuddin and four others with Dhanmondi Police Station and Dhanmondi PS Case No.12(8)84 was registered under sections 420 and 406 of the Penal Code. The case was then transferred to the Martia......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Islam Advocates-­ For the App..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....esented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he purchased from one Innat Ali. Then, he got said ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....p;  Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the High Court Division in Criminal Revision No. 345 of 1991 registered upon a petition filed under section 561 A of the Code of Criminal Procedure. By the afore......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ......for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to:  Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved:  ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nbsp;                                 ......ফাঃ প্রশাঃ/তদন্ত-২০(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 issued by the respondent No.4 (Annexure-R) compulsorily retiring the petitioner from the post of Director, Islamic Foundation Bangladesh. Divisional Office, Khulna, should not be declared t......iple of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) Cases Referred to- 13 DLR (SC) 105; 29 DLR (SC) 232; 52 DLR (AD) 17. Lawyers Involved: Shafique Ahmed, Advocate‑ For the Petitioner Not represen..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....t was then transferred to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990. 3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act, 1913 and was engaged in banking business. Defendant N......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......s/blanks to make the documents complete is proved such documents would be excluded from consideration by a Court of law. Cases Referred to- Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 174; Shipping Corporation Limited Vs. WH Bennett and others, 36 DLR (AD) 175; State of Gujarat V..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)

....e Labour Court was vested with the powers and jurisdiction to go behind the order of termination to find out if the impugned order was made malafide as a measure of victimisation of an officer of a registered trade union and the decision of the labour Court was final under the provisions of 37(4......le in Writ Petition No.3386 of 2000.  3. That the case of the petitioner is that he was initially appointed as an Electrician under the second party. He was, thereafter, promoted to the post of Electrical Supervisor. He had a good service career. He was elected Assistant General Secre...... vs Md Sirajul Huq 22 DLR (SC) 284; Khulna Newsprint Mills Ltd Vs Khulna Newsprint Employees Union 25 DLR (SC) 85 and Bangladesh Tea Estate Ltd vs. Bangladesh Tea Estate, Staff Association 28 DLR (AD) 190.   Lawyers Involved:  Abdur Rob Chowdhury, Senior Advocate, instruct..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....on and could not avail the benefit of the notification dated 30‑6‑1992 issued by the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying the rest consideration money. In such circumstances as per the agreement, the a...... father in Saudi Arabia. But mother of the plaintiffs did not, supply the telephone number. As a result on 22‑12­-1992 appellant sent a letter to the father of the plaintiffs in Saudi Arabia by post with acknowledgment due. Before institution of the suit on 23‑6‑1993 plaintiff No.1 along w......…….Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; Santosh Kumar Paul Vs. Nuruddin Ansari, 47 DLR 72; Saru Meah Sowdagar and another Vs. Al‑..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6