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Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......he People's Republic of Bangladesh is directed against the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No.6093 of 2004 discharging the Rule. 2. The case of the petitioner, in short, is that the petitioner is the elected Chairman of No.10 Jalalpur ......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......87 under section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that ......der section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that the l..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......tuted Title Suit No.7 of 1998 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been co..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......he learned Additional Attorney General has, however, submitted that no consideration being made regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the dec...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......ondents. Hence the respondents were prejudiced. 4. We are not impressed by the submissions of Mrs. Sufia Khatun, the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on r...... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......investigation, police submitted charge sheet No.6 dated 13-05-2002 under Sections 147/148/323/324/326/380/302/447/448 and 417 of the Penal Code against the petitioner and 59 others. Thereafter, the case was sent to the Court of Sessions at Brahmanbaria and was registered as Sessions Trial Case No......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......re constrained to file the suit challenging the legality of the said notice. 3. The suit was contested by the defendant Nos.1 and 2 by filing written statement denying the case of the plaintiffs and stating, inter alia, that the land in suit was acquired in L.A. Case No.......le Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The suit was filed stating, inter alia, that the land in suit described in the 'Kha' schedule belonged to Bichanti Ferangi alias Binchent Gomes, the..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... of 1997 under section 467/471/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Senior Special Judge, Sunamganj. 2. That the case of the prosecution is that complainant Shashi Mohan Das filed a complaint in the Court of Senio......plainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that he along with his brother Hari Mohan are the owner of 3.17 acre of land of Dag No.1914 appertaining to Khatian No.70 of Mouza Mirjapur within P.S. Bulla of District Su..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......ction 302 of the Penal Code and pleaded not guilty; the prosecution examined 32 witnesses including official witnesses and tendered eight witnesses, the defence examined two witnesses; the defence case as it transpired from the trend of cross-examination of the witnesses was that the victim had ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......hereupon allotted to the Ministry of Home Affairs for housing Gulshan Police Station. The claimant of the property sought for release of the property from the list of abandoned buildings by filing case before the Court of Settlement and the same was allowed. The judgment of the Court of Settleme...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ess the application for restoration is filed within 90 days from the date of dismissal of the appeal such application for restoration is not normally entertained. 2. Moreover, in the instant case we do not find any cogent ground for allowing the application for restoration. 3. The ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......f his being involvement in conspiracy against the State and planning of sabotage activities. Police Officer of the Detective Branch (DB) further disclosed that the detenu is involved in M-16 Rifle case and having obtained anticipatory bail from the High Court Division, could not be arrested in c...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......; be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the present case as the facts and circumstances are distinguishable. 4. As it appears in the case of Erfa......arshingdi, in Title Suit No. 1 of 1996 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of permanent injunction in respect of the suit land comprising an area of 1.23 acres containing homestead as well as nal land in C.S. Plots Nos. 6..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......nd accordingly since the suit having been filed by two private individuals instead of the Deity itself, the suit is not maintainable and that regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and although plaintiffs examined witnesses to prove ......been performing the Sheba Puja as the shebait of the idol and possessing the property of the said idol; but on 28.10.1977 the then Sub-Divisional Officer, Manikganj treating the suit property as Khas land, served a notice ordering for eviction of Girija Shaha, the plaintiff No. 2 and the father of p..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......ty and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Government, Rural Development and Cooperatives refusing to grant pension benefit to the appellant. 3. The case of appellant, in brief, is that he entered the service as an Estimator under the Public Health ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......Court Division erred in law in setting aside the judgment of the courts below treating the defendant bank as an ordinarily limited company; in view of the above circular dated 10.6.1996 the instant case is distinguishable from the case of Rupali Bank Ltd. vs. Md. Arab Ali reported in 7 BLC(AD) 1......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......r respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Haribhushan Debnath. The plaintiffs' case is that he got the suit land by purchase from Haribhushan Debnath by three registered kabalas ......ave been executed and registered by the proforma defendant No. 2 Haribhushan Debnath in favour of the defendant No.1 was forged and fraudulent and the plaintiffs had title and interest in the suit land stating, inter alia, that the plaintiffs purchased the suit land from defendant No.2, Haribhus..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......Rumi Akter Hossain………………….....Petitioner (In Criminal Petition No. 239 of 2004) Vs. The State………………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section......lam Miah, former Minister for Housing and Public works, A.W.Chowdhury, former Additional Secretary and Mr. Ashrafuddin, former Joint Secretary, both of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.16/59-60 for Kaml..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......8 of 1986 under Order 9, Rule 13 of the Code of Civil Procedure praying for setting aside the aforesaid ex parte decree which was allowed on condition that the Government will pay Tk. 30,000/- and in case of default the said miscellaneous case shall and dismissed; the Government having died to com......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
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