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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f fact and its irrelevant consi­deration not within the mischief of section 32 would be an illegality. If any other fact is considered by the Administrator of Wakfs in removing the Mutwalli from his post of Mutwalliship not coming within the mischief of section 32 it would been exercise of power be......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 124

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......of Dhaka Club Limited since 1983 and he is in the habit of criticising the management for betterment of the club and is contemplating to contest the next election to be held in November, 1995 for the post of president. The members of the present Executive Committee do not like the idea of the plaint...... & others, 1910 Appeal Cases 404; Dawkins Vs. Antrobus & others, All England Law Reports Reprint 1881‑1885 page 126; Bashir Ahmed Vs. Bangladesh Jute Mills Corporation & others, 44 DLR (AD) 267. Lawyers Involved: Rafique‑ul Huq with M Moniruzzaman Khan, Advocates ‑ For the Ap..

Category: Others | Date: | Hits: 154

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....igation police submitted charge sheet on 14‑4‑82 against all the 22 accused persons under the aforesaid sections. When the case record was transmitted to the Special Martial Law Court No.2 Bogra, registered as Martial Law case No.18 of 1982. 4. To prove its case prosecution examined as many a......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......p;and others………………………………………..Respondents Judgment April 3, 1997. Result: The Rule is made absolute. Cases Referred to- SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, AIR 1958 (Madhya Pradesh) 203; Helaluddin Ahmed alias Swapan Vs. Ba..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

.... respon­dent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority. 3. The petitioner, BELA is an association registered under the Societies Registration Act, 1860 and recognized as one of the leading orga­niz......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

.... upon treating the same as a first information report Subsequently, a first information report was recorded with Mohammadpur Police station on 16-11-98 whereupon Mohammadpur P.S. Case No.40(11)98 was registered. 4. Thereafter, the petitioners having appeared before the Magistrate obtained bail on......hile Accused No.1 was also made trustee No.2 in the said trust deed and other trustees belong to the same family; Sometimes thereafter, in the year 1996 Atika Khanam died and she had been holding the post of Chairman of the trust till her death. Thereafter, Ummay Kulsuin Siddiqua Huda became the cha......nd another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 51 DLR (AD) 14 Lawyers Involved: M Hafizullah with..

Category: Criminal Law | Date: | Hits: 70

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

....ty No.3 on receipt of Tk. 10(ten) lacs on the basis of a contract and since then the petitioner (defendant No.4) has been possessing thereon by constructing a building. 4. The said application was registered as Miscellaneous Case No.58 of 2004. The decree-holder-Bank by filing written objection r......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....ellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-operative Society consisting of primary co-operative societies as its members. For hol...... 2008 who found that the final Voter list was sent on 14.10.2008 showing the number of voters as 276. 9. They have contended that since the petitioner was the candidate for election to a different post i.e. president and he actively participated in the election process without raising any questio......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....ernet. The learned Advocate further submits that due to the advancement of technology, this is one of the latest forms of obtaining University education and more than 8000 people around the world are registered with the said University and are being provided education in this way. He further submits......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....d Registration Act, 1908, the amended section 53B of Transfer of Property Act, 1882 and amended section 21A of the Specific Relief Act, 1877 and submits that, new laws provided that agreement must be registered and in the agreement, within six months of the execution of the bainanama the document is......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm at Khamgaon and others, AIR 1958 Bombay-291; Imran Vs. Shamim Kamal, 60 DLR 597; Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10; Abdur Rashid alias Bhulu and oth­ers Vs. Moulana Mobaswar Ahmed and oth­ers, 8 BLC (AD) 11..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....cie, submitted charge sheet being No.125 on 06.4.2003 under Section 19A of the Arms Act, 1878. 4. The case has been transmitted to the Special Tribunal No.4, Feni for trial where the same has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial the prosecution examined as m......Bachhu Miah while taken this court through the materials on record strenuously argues that this is a case of no evidences and the facts of commission of the offence by the convict-petitioner is so preposterous that the same cannot be believed by any impartial tri­bunal but unfortunately the learned......tate…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gianchand Vs. State, 1968 Pakistan Cri..

Category: Criminal Law | Date: | Hits: 115

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....that the Haji Md. Abdul Momith would be requested to register the land for the Parishad within 3 days. Haji Md. Abdul Momith then transferred title to 0.52 acres of land to the Government by way of a registered deed of gift being No.581 dated 12-2-2008 and the land was also mutated in the name of th......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......s Vs. Bangladesh & others............Respondents Judgment July 21, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. Bangladesh, 9 MLR (AD) 219 = 9 BLC (AD) 112. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....? (2) Whether the case is bad for defect of parties? (3) Whether the pre-emption application is barred by law? (4) Whether the deed in question dated 1-8-1995 is a sale deed and the same was registered as deed of exchange in Order to defeat the right of pre­emption? (5) Whether the pre-......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984 PLD (SC) 166;49 DLR (AD) 151, PLD 1984 (SC) 166. Lawyers Involved: AFM Mesbahuddin with Minhazul Hoque Chowdhury, A..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......s and the Rules made thereunder as to the recognition of Bohmong chief but there is only mention about investiture under rule 48. Thus it is clear that Bohmong chief is not a holder of any Government post but is a political office and is merely nominated and recognised by the Government from amongst......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....ting that Syed Ahsan Ali inherited thecase land along with other property after the death of his father Syed Mohammad Ali; that on 29-10-1987 he transferred the case land to the pre-emptees by way of registered deed being No.10857 for consideration of Taka 30,000 on condition that if the vendor retu...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... Md. Helal Mia & others......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Chand Mia, 12..

Category: Property Law | Date: | Hits: 138

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....ioners, perused the petitions and the annexures thereto. No one has appeared to oppose the Rules. 2. It appears that the petitioners in both the cases are partners with Opposite party No.2 in a registered partnership firm under the name and style of M/s. Jalalabad Construction which have been ......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..

Category: Criminal Law | Date: | Hits: 87

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

....ion Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 decimals of land. Thereafter the Defendant took back the said land by another registered kabala deed dated 16.2.1998 in the name of his mother. Thereafter again the Defendant dem....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..

Category: Family Law | Date: | Hits: 224

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....ant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale. That suit was decreed on contest and a sale deed was executed and registered by the Court itself on behalf of the defendant in Execution Case No.13 of 1997. In the sa......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......……………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the Petitioner. No one appears - For th..

Category: Procedural Law | Date: | Hits: 253

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....tiguous to property transferred against a person who is stranger to the holding under Pre‑emption Proceeding. Right of Pre­emption accrues after transfer of property when the deed of conveyance is registered and copied out under section 60 of The Registration Act. The Statutory right of Pre‑emp...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... 331 US 284; Fakhruddin Mia and another Vs. Mohammad Khoda Baksh Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zahiruddin Kari, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Md. Ali ..

Category: Property Law | Date: | Hits: 116

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....ent No.1 the petitioner was elected as the President of the Karmachari Samity of the respondent No.1 in 1990 and again re-elected as its President in 1993. The aforesaid Karmachari Samity is the only registered Trade Union of the Karmacharies of the respondent No.1 and is the only Collective Bargain......ly, be put thus: The petitioner joined the service of the respondent No.1 in September, 1966 as a Lower Division Assistant. Thereafter, he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till......rs………………Respondents Judgment May 16, 2006. Result: Case Referred to- Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209. Lawyers Involved: Subrata Saha, Advocate - For the Petitioner. Khalilur Rahman wit..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......n Act. It has been held in the case reported in AIR 1947 (Mad) 315, that where after the filing of an award in Court one of the parties to the arbitration, being misled by the order of the Court posting the suit for objections files objections instead of an application to set aside the award, a...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606