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AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....Bank to supply the bank accounts of the respondent No. 3 within 15(fifteen) days from the date of receipt of this order. 3. We have heard Mr. Zahangir Kabir, the learned Advocate appearing for the petitioner in support of the rule, who having placed the materials before us submits th......n a defeated candidate of the same election preferred an appeal before the Returning Officer, Cox's Bazar the appellate authority of the concerned election raising the self same allegation of non declaration of his assets properly in the affidavit submitted with the nominatiqn. The said appeal w..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....ugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r......eal, in short, are:— The petitioners herein as the plaintiffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit......sion of the case of Dr. Ashok Kumar Maheskwari Vs. State of UP reported in AIR 1998 SC 966 wherein it has been observed that promissory estoppel cannot be invoked for enforcement of a promise or declaration which is contrary to law or outside the authority or power of the Government or person m..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......e of non-compliance of the proviso, it has not been said that for non-compliance, that is for want of sanction of the Government, the proceeding will be invalid or null and void and in absence of the declaration of any consequence for non-compliance, the very proviso is not mandatory. It is merely d..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses......(Rev), Dhaka and an alleged lessee under the Government namely, Gendaria Kishaloya Kochi Kacher Mela as plaintiffs instituted Title Suit No.73 of 1995 before the Assistant Judge, 6th Court, Dhaka for declaration of title with a prayer for setting aside the ex parte decree and cancellation of the sal..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......oint District Judge, (1st Court, Dhaka) impleading: (a) the Chairman, RAJUK (b) the Member (Estate) RAJUK, (c) the Director (Estate) RAJUK and (d) the Deputy Director (Estate) RAJUK as defendants for declaration that he was legally entitled to get sale permission and the defendants were also bound t..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit......ity to show cause and without any proceedings they were illegally terminated by the defendant No.1 and accordingly challenging that order of termination; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....ition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by th......sion in Civil Revision No.6944 of 2001 discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
.... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t......intiffs samity they would be allowed to run Rickshaw without licence and the Rickshaws that have been seized would be released and the cases filed by the Corporation would be withdrawn. The aforesaid declaration of defendant No.1 was published in the Daily Newspaper on 8-12-1996 namely Daily Khabar,..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or fu......er is binding on the High Court. The observation is made by the Appellate Division in the case of Dr. Mohiuddin Khan Alamgir in determination of the dispute and, as such, it is not obiter dictum, but declaration of law and, as such, it is binding upon this Court under Article 111 of the Constitution..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......ring on behalf of the opposite party along with Mr. Md. Khalilur Rahman (Helal), the learned Advocate contended that the original suit filed by the present-plaintiff-opposite party as plaintiff for a declaration that the suit land had mistakenly and arbitrarily recorded in the name of the present de..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......ed as to this Court may seem fit and proper." 2. The petitioner as plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, District-Panchagarh for a declaration of Title and confirmation of possession as well as declaration that the preparation of r..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
..........................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the......oners, acquired the same by way of the verdicts of the civil Courts. In 2001, when the petitioners came to know that the said property is a vested property, they filed Title Suit No.189 of 2001 for a declaration that the property is not vested property and the suit was decreed on 12-10-2002. Althoug..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
.... সম্পত্তি যতটুকু জড়িত ততটুকু বাবদ মামলাটি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any C......ার্যকারীতা থাকিবেনা”।
5. The opposite-party instituted Title Suit No.128 of 1999 in the Court of learned Assistant Judge, 6th Court, Dhaka seeking for declaration of title in the suit land and further it was stated that they purchased the property fro..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w......rit Petition No.5590 of 2004 against that order. The High Court Division heard both the writ petitions analogously and made the rules absolute without, however, making any direction and/or making any declaration in terms of the rules. The decree-holder Agrani Bank and Kutub Uddin Ahmed thereupo..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....t, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 sha......he plaint and photocopy of notice of the 13th AGM has been annexed to this application as Annexures-B and BI respectively; that in the plaint of Title Suit No.189 of 2011, the plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minu..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
.... When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all ......e offence under sections 467, 471 of the Penal Code. 4. Eventually, the petitioner as complainant filed Title Suit No.344 of 1994 in the second Court of the then Sub-ordinate Judge, Noakhali for declaration of title in respect of 'B' schedule land and also for declaration that the order..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ere were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is n......ok the victim to the Dhaka Medical Hospital and on the way, he disclosed the names of the petitioners as his assailants. Victim died in the hospital sometimes thereafter. Besides the above dying declaration, the prosecution has also relied upon the confessional statement of the accused pet..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....o the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.......e issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vi..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
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