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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....se for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of the attorney and at that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in ......ription of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such val­ue as the person so taking such inst..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....­structed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 5. Not represented — Respondent Nos. 1 to 4 and 6 to 11. Civil Appeal No. 3 of 1990. (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ Pe­tition No. 955 of 1989)......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....Deputy Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 23rd June, 1986 passed by the High Court Division, Dhaka in Criminal Revision No.64 of 1......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....laring that the plaintiffs are the sole legal heirs and successors of late MA Naser and as such they are the sixteen annas owners of the suit property. (b) that a decree declaring that the decree/ order passed in Miscellaneous Case No. 88 of 1976 on 21.9.1977 is illegal, null and void be­ing obt......ict Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public W..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....ceipt came to positive find­ings that the negotiation and contract for sale of the land was a concluded contract and that defendants 1 and 2 are in good terms and not opposed to each oth­er, but in order to resist the claim of the plaintiff, de­fendant No.1 tried to shake off her responsibility i...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....                    M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division Bench of the High Court Division in Death Reference No.......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....2003 Judgment:                   Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed by the High Court Division in Writ Petition No. 4004 of 1998 making the......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

.... J. - This is a writ-petitioners' appeal, by leave, against the judgment of March 1, 2003 passed by the High Court Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate......ng them as trespassers from their respective shops. The District Magistrate on receipt of the said letter of the Administrator of Waqfs started Miscellaneous Case No.28 of 2002 under the provision of Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinan..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....cord- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 102......hat the contesting defendants have filed rent receipts Ext. A-A (28) showing payment of rents to these landlords and rent receipts Exts. A (29)-A (49) showing payment of rent for the suit land to the Government Acquired Estate for the suit land and these go to prove their possession. 13. The Hig..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....gistered by Ali Ahmed Khandker and Wali Mohammad Siddiqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The applica......fendants' side there was no challenge as to the genuineness of the passport and the entries therein. It may be mentioned Jatindra Mahan Roy visited Bangladesh on the basis of a passport issued by the Government of India on July 26, 1978 and upon referring to the Ext.14 and the entries therein the le..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

.... making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ..

Category: Business or Commercial Law | Date: | Hits: 100

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....ded in the name of the Government, that is, in the name of Food Department. 4. During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No.1 was made party and order was passed directing to issue summons upon the said petitioner and others and accordingly sum......this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

....                   Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging......the point is very clear as Rule 9 of the Bangladesh Service provide that "A declaration of age, made by the an applicant for government service at the time of, or of the purpose of entry into Government service shall be deemed to be binding on the person who has made it and no revision of s..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....d with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on misrepresentation of facts and this fact being......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....te case being CC No. 28-BSB/86 for realisa­tion of Tk. 21,11,411/- under the Public Demands Recovery Act, 1913. The petitioner filed Title suit No. 5 of 1987 challenging the certificate case and the order cancelling the loan agreement which, however, ended in a compromise and the suit was dismissed......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....or the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Crimina......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..

Category: Criminal Law | Date: | Hits: 58

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....s­missed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned order was the order that emanated from the election c......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...

Category: Election Law | Date: | Hits: 146

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989.) Judgment ATM Afzal J. - This petition is from the judgment and order dated 6 June, 1989 passed by the High Court Division Dhaka discharging the Rule in Writ Petiti......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..

Category: Banking Law | Date: | Hits: 94