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Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ided against him. The High Court took the view that the onus of proving issue No. 4 was wrongly placed on the plaintiffs. It also held that the evidence, adduced, which consisted of copies of several mutations and of two Wajibul-Arz for the years 1904 and 1927-28 and the oral testimony of the witnes..Category: Civil Law | Date: | Hits: 117
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
....he assault on the deceased and his companions. 3. Mohammad Sharif, the private complainant instead of approaching the Court against the order granting bail moved the High Court on 14-12-1970 for cancellation of bail inter alia on the ground that the respondent No. 1 was armed with a balam and h...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..Category: Criminal Law | Date: | Hits: 60
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....fidavit stating that the certificate has been lost or destroyed or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b) that ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......estion.
(c) since the Government had accepted the petitioner society as the lawful owner of the land in question and since the prima facie documents of title are there, that is the sale deed, the mutation papers of SA Record of rights and the letters and correspondences of the Government admitti..
Category: Property Law | Date: | Hits: 54
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... election law and rules at the behest of the officials responsible for conducting the election compelling the petitioner to lodge complaint with respondent No.2 Chief Election Commissioner seeking cancellation of the election detailing various illegal interferences. Consequently, the Election Co....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....irin Aktar; that prior to 25-6-1992 plaintiffs had no knowledge that Syed Altaf Hossain has got aforesaid properties in his own name and in the name of his wife Shirin Aktar and hence the suit for cancellation of tender accepted by the defendant on 28-5-1985 on the ground of fraud. 5. The......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....aj Kuar, a literate pardanashin lady. The suit was for a decree for actual proprietary right and of possession of certain shares in villages Paraganah Salon, and the claim constituted in a demand for cancellation of the deed of gift aforesaid. The deed stood in favour or “Ganga Baksh Singh, son of......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ed the Deputy Commissioner to accept the offer made by the 4th respondent without making any notification. The appellant asked for a mandamus to confirm his right to the licence for 1953-54 and for cancellation of the contract of the 4th respondent. It was held that- "The Excise Commissioner ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....d leave to appeal from this Court and have urged a fresh consideration of these issues. The appellant in CA No. 16 of 1993 has supported the Registrar's order dated 2.5.90 and is aggrieved by its cancellation by the High Court Division. 9. Article 38 of the Constitution guarantees the ri....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....lant's instant writ petition summarily the High Court Division took the view that the Rule Nisi in Writ Petition No.1982 of 1991 having been discharged for non-prosecution on 19.3.92, the order of cancellation of dealership came into effect from 29.8.91 and if respondent No. 5 had been continuin......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......c that he is a co sharer of the holding A co-sharer by purchase stands on his own right to pre-empt and his right to pre-empt is not dependent on his vendor or any other contingency, such as mutation of name in the landlord's Sherista. So a notice to the vendor of such a co-sharer pu..Category: Property Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....se that was referred to, is the case of Mushtaq Ahmed Vs. The Slate, reported in 17 DLR (SC) 624. in this case, an order was passed by a learned Judge of the High Court in course of inspection for cancellation of the bail of an accused and for issue of a non-bailable warrant. The question a......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....n the modification, that he continued to be a citizen of Pakistan, then it is not understood why his name was included in the notification. The learned Attorney‑General contends that no question of cancellation of citizenship arises in this case as the respondent had never been a citizen of this c......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....in Second Appeal No. 554 of 1978 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property,......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....he Settlement Court on contract for one year, but within three months his contract was cancelled on payment of one month's pay in lieu of notice in terms of the contract. He challenged the order of cancellation by a Writ Petition taking the ground that it was malafide and repugnant to the princi......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lease-deed. ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......hearing by order dated 13-4-81 allowed the said execution case and executed and registered the deed of sale being No.9921 dated 13-4-81 in favour of the appellant. The appellant thereafter prayed for mutation of the property in his name to the Assistant Commissioner, Settlement Directorate of Housin..Category: Property Law | Date: | Hits: 108
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ...... by the learned Munsif and no such SCC Suit or Money Execution Case was filed in that Court. It was further alleged that in collusion with each other, Mofazzal Hossain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same alt..Category: Criminal Law | Date: | Hits: 61
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