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....in law in passing the impugned judgments on erroneous view of law.
10. In the present case the plaintiff never abandoned his rights in the suit property and the defendants were never misled by his prayer for taking yearly lease so as to change or alter their position to their detriment and the pr......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
....d it was informed to all 52 Private Universities of Bangladesh. The petitioner before fulfilling the conditions as contained in the Act, 1992 opened its outer campuses unauthorizedly and as such, its prayer was not approved by the concerned authority. The petitioner fulfilled the requirements to est......Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....pplication for retraction. 5. The accused-petitioner was arrested on 27.03.2001 in connection with present case and forwarded him in the Court of Chief Metropolitan Magistrate on 28.03.2011 with a prayer for 10 (ten) days remand, but the Magistrate granted 3 (three) days and after 3 days the peti......cted by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Di...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the responÂdents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....es of the plaintiffs, who have been recognised as tenants by the Government in respect of the said lands and the plaintiffs also have been paying rent, in respect thereof and, as a matter of fact, no prayer was made by the plaintiffs in respect of the said lands in the present suit but the learned S......ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....ential and a paragraph to the effect that the plaintiffs-petitioners shall conduct the suit in representative character for declaration of their easement and customary right on replacing the original prayer for declaration of their title over the suit ponds is also necessary. 4. Respondent Nos.1......-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ul were sleeping in the pump house at night; that hearing cry of Nazrul Islam he woke up and saw that 20/30 men gheraoed the pump house who assaulted them; that Nazrul Islam died at the time of Fazar prayer. He deposed nowhere in his deposition as to who assaulted Nazrul Islam by which he died. His ......abna PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer rigorous......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant as no incriminating material was disclosed against them with recommendation to discharge them from the case. Against the aforesaid police report the informant submitted naraji petition with prayer for further investigation alleging that accused-petitioner is first information report named ......osive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the a......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....s. The case was sent to the Court of Magistrate wherein it was registered as MGR No. 17 of 2003 (Sadar) and they were placed under police remand. They were produced before the Court with a report and prayer for bail was rejected. The petitioner thereafter moved this application before this Court and...... Criminal Miscellaneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioners for quashing the proceeding wherein Rule was issued calling upon the opposite party to show cause as......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....n filed complaint against police under section 342 Penal Code. On next date fixed due to absence of complainant a petition was filed on behalf of accused for acquittal under section 247 CrPC. But the prayer was rejected. Against that, revision was preferred before Session Judge who made reference to......ctions 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon eviden......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....5 of the Code of Civil Procedure against an order dated 13‑10‑03 passed by the learned Joint District Judge, Court No. 2 and executing Court in Money Execution Case No. 39 of 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy CommiÂ......esult: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzaman, Advocate- for the Petitioner. AJM Mohammad Ali, Additional Attorney General- for the Opposite Party. Civ......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VA......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... he recorded his confession in accordance with law, and thereafter, the accused put his signature in his statement voluntarily. In course of cross-examination, this witness stated that he allowed the prayer for remand of the accused for the 2nd time on 5th July, 1992, and he made his confession on 1......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....urt observed that the petitioner was an officer of Bangladesh Biman Corporation and then rejected the objection with the finding that “... It appears that the same was withdrawn on the basis of the prayer as made by the petitioner. That is, the same was not adjudicated on merit. In such view of th......h, 2010 passed by a Division Bench of the High Court Division in Writ Petition No. 4480 of 2009 making the Rule absolute. 2. Respondent No.1 as petitioner filed the above mentioned writ petition before the High Court Division challenging the vires of regulation 52(1) of the Bangladesh Biman Corpo......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
.... of the project, he could apply for the post when notice for such appointment would be published. 5. In the above circumstances, the petitioner filed the writ petition and obtained the Rule as per prayer made in the writ petition. 6. During the pendency of the Rule, , pursuant to the decision ...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
.... relating to the law of evidence which needs to be considered and examined by the highest court of judicature to secure the ends of justice." 10. Preparation of the paper book is dispensed with as prayer for. The accused respondents are directed to surrender before the Metropolitan Sessions Ju......ey General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney General, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
....ed 5-10-2006. Against this Order the petitioner filed Appeal to respondent No.1. Customs, Excise and VAT AppelÂlate Tribunal (hereinafter referred to as the Appellate Tribunal) on 6-10-2006 with the prayer for acceptÂing the Appeal for hearing by waiving deposit of 25% of the demanded or imposed p......on is dismissed.
Lawyers Involved:
Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November,...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....a J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional written statement and then an application for amendment of written statement, which prayers were allowed by the trial Court, against which, on a revision petition moved by the defendan......3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional w......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....on 18(5) of the Ordinance, the tenant must clear his rent dues in terms of the contract or within fifteen days of the next following month and once the Court finds that the tenant is a defaulter, the prayer for ejectment cannot be refused on the plea that he is not a habiÂtual defaulter. 11. The......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ory hearing. On that date also, the defendant prayed for adjournment for peremptory on the plea of coming to an amicable settlement with the plaintiff-Bank. The learned Subordinate Judge rejected the prayer of the defendant and asked both the plaintiff and the defendant to get ready for hearing. The......ed in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
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