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Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... sale deed(s) executed and registered by defendant No.1, purportedly on behalf of plaintiff, is/are of no legal effect and not binding on the plaintiff, a decree declaring plaintiffs right, title and possession in the schedule property, a decree for khas possession of the schedule property, a decree......andra Vs. Abdul Khaleque, 27 DLR (AD) 114, is a case under section 24 of the Non-Agricultural Tenancy Act, where plaint was sought to be amended as; 'Since a co-sharer tenant of non Tagricultural land is entitled to apply for preemption under section 24 of the Non-Agricultural Tenancy Act, it do......e this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......'plaintiff made revocation of power of attorney by a registered deed dated 1-1-96 as it was a revocable one. Plaintiff legally revoked the power of attorney'. Thereafter, learned Judge on the question whether RAJUK legally gave permission for sale, found that 'plaintiff sent letter dated..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......103; Mahmuda Rahman Vs. Bangladesh, 49 DLR 133; Bhazan Lal Vs. The State, AIR 1992 (SC) 604; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex p Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhu......tioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ission he relied on a decision reported in AIR 1969 (SC) 381 where the Indian Supreme Court stated that even when the accused person’s presence is dispensed with, the Court is duty bound to put questions to the earlier to enable him to state his case. Attracting our attention to the ratio of t..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Pa...... the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......h to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people worldwide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide i..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Governor of P......o the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision arrived at with a malafide i..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......d.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......ct No. V of 2004); Section 32 (1) & (2)
The Anti Corruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity wit..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....port depicts a picture of three very young children, two boys and one girl, alleged to be aged 14, 9, and 7 years respectively. They were apprehended by the Bhairab Railway Police for having in their possession a total of 3kg of hemp (ganja) and were being held in jail custody. Upon consideration of...... of every effort taken to train police, judiciary and other personnel involved in the juvenile justice system, it appears that still there are police officers who are ignorant of the basic law of the land. She submits that it is apparent from the First Information Report (FIR) that at least two of t......earned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... basic law of the land. She submits that it is apparent from the First Information Report (FIR) that at least two of the children could not have been arrested under the law and certainly there was no question of arresting a seven year old girl and formally submitting information of a criminal offenc..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....nt to the Sub-registrar at Naogaon for registration. The sale certificate was duly registered and thereafter the decree holder submitted an application on 26.4.2004 seeking for getting delivery of possession through Court in the auction purchased land and accordingly the executing Court issued w......on. The sale certificate was duly registered and thereafter the decree holder submitted an application on 26.4.2004 seeking for getting delivery of possession through Court in the auction purchased land and accordingly the executing Court issued writ of delivery of possession by order dated 26.4......tion. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... Jurisdiction of the Bankruptcy Court The legislature has not given any jurisdiction to the Bankruptcy Court to try any suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil P..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......or inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......s not oppose the Rule. 7. Perused the revisional application, the impugned order dated 13.11.2003 and the annexure filed with the revisional application and the Lower Court Records. 8. The real question that calls for determination is, whether the impugned order dated 13.11.2003 is liable to b..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......No.1 filed Preemption Miscellaneous Case No.5 of 2002 in the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md......ana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being d......es Nos.5 to 10 and the preemptor Rizia Begum; that said Aslam Miah gifted his portion to opposite parties Nos. 13 to 15; that the seller Fakir Ahmed had no other land in the khatian after the sale in question and as such he was not made a party to the case; that the seller without any notice to the ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....l Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit la......
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers......mmediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......n fact was a suit for correction of
the plot No.168 in place of 138 and as such the suit for such correction of dag
no is heavily barred by time, but the learned Courts below did not consider
this question of limitation at all, and a s such committed error in decreeing
the suit and dismissing th..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......adesh) Limited did not take any action against the demand notice dated 23-4-2007 (Annexure-El) on the ground of non-compliance of procedure of the VAT Act before making the demand. The pertinent question before us for consideration is whether after change of the name of the petitioner compan..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....ch arises on dedication or gift of property to an idol, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to...... operation, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalitnata and had been performing religious rites. In the settlement operation, the lands were recorded in the name of ex-landlord but in the remark column the "Kodaldoha Kalibari...... records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......re with the internal management of the properties of Shashan Kalimata as they are not believers of the image of the Shashan Kalimata. 9. Since the learned Advocate has pointed out some intricate questions relating to the performance of religious rites by the believers of the deity Kali, we are ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......ons of the learned advocates, perused the memo of appeal as well as the application filed on behalf of the BNWLA. 15. Custody and guardianship of any person is governed by the personal law of the land not by general law. The victim girl being a Hindu by religion, her custody and guardianship wou......bove directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...... Act, 1956 defines a minor as person who has not completed 18 years and, therefore, by no calculation can the victim girl be said to be major and since her husband is in jail custody, there can be no question of giving the custody of the girl to anyone other than the parents. 14. We have conside..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......oners. It is a case where the Petitioners in collusion with the Mayor of the Corporation, who is a member of the Corporation, managed to obtain the jobs depriving other competent citizens of the land. According to him the general public at large have a right to get a fair chance of being appoin...... no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......ormation. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......2007, but it was also dishonoured for insufficient fund. 3. Thereafter, the complainants served a legal notice upon the accused-petitioner by registered post on 25.06.2007 demanding the money in question and the accused-petitioner received the legal notice on 02.07.2007, but he did not pay the ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....ule 29 published the draft record-of-rights for public inspection. Under Rule 30, the Revenue Officer shall decide summarily in presence of the interested parties any objection regarding ownership or possession of land or of any interest in land. Any person aggrieved by such an order on any obj......f State Acquisition and Tenancy Rules, 1955 (herein after referred to as SA and T Rules, 1955) (i.e. proceeding known as khanapuri, Bujaral, Attestation, objection and Appeal) 1.20 acres of land covered by DP Khatian No.237 of Mouza Shantinagar, under Police Station Motijheel, Distri......ment press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......e order of derequisition as well as of 4 DP Khatians as mentioned above were wrongly recorded in the name of Collector, Dhaka as khas land but at the time of preparation of RS record the land in question was duly and correctly ordered to be recorded in the name of petitioner No. 5 and..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......ase is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......in the service of the Republic’, as envisaged under Article 117 of the Constitution. As such, the contention that the writ petitions are not maintainable has got no substance. 13. The next question is whether the PSC made its recommendations against the vacant posts. Apparently, it did an..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....e put thus:- One Ruhul Quddus Khan, S.I. of Police, Bhaluka Model Police Station lodged an F.I.R. on 18.7.2007 at about 15-35 hours alleging that he along with his companion forces recovered from the possession of one Md. Rezaul Kabir, Upazila Nirbahi Officer, Bhaluka, Mymensingh an envelope of Khak......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......ng the trap in the instant case, as alleged, the mandatory provisions of Rule 16 of the Anti-Corruption Rules, 2007 were not, at all, followed which vitiates the very initiation of the proceedings in question. Thus, the institution and continuation of the instant proceedings amounts to an abuse of t..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......haka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ...... of the Code of Civil Procedure for rejection of such application is wholly misconceived. 11. Moreover, such summary proceeding demands expeditious disposal without entering into any complicated question of law and technicalities. Without disposing of the case finally, the learned Assistant Jud..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......s in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......authorities in order to seek justice and the 7 (seven)-year-old child, who reads in Class III, was sent to safe custody. She is so young that she cannot sleep without her mother. The mother posed the question: "what type of law is this?" It further transpires from the report that the parents are not..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
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