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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......he Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......by the High Court are that: The petitioner was appointed as L.D. Assistant in 1949 in the Ministry of Public Works and Urban Development and was promoted as Head Assistant on 19-2-72. He has given current charge of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was ..

Category: Employment/Service Law | Date: | Hits: 72

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......e order of detention could not be sustained. 12. We like to observe here that the validity of the order of detention and the fact of detention on the score of vagueness of grounds stand on a different footing. The order of detention for its validity is to be tested on the basis, whether the deta..

Category: Constitutional Law | Date: | Hits: 408

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......e and the defendant No.2 on scrutinizing and examination of all papers, passed order for the reconstruction of the said case and in Memo No.624 S.A. dated 14.4.1979 passed order for realization of rent and salami money from the plaintiff; that salami money and rent had been realized by the reven..

Category: Property Law | Date: | Hits: 24

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......eds dated 27-4-1974 and 29-4-1974. One Haran Chandra was in possession of 'Ga' schedule land as bharatia under the vendors of the plaintiff-respondent. Haran Chandra having defaulted in payment of rent, Haran Chandra abandoned and surrendered the suit land in favour of the plaintiff. Taking adva..

Category: Procedural Law | Date: | Hits: 71

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... possessing the land purchased by Haji Jalilur Rahman from Rahim Boksha Bepari, that RS Khatian in respect of the 1/2 decimal of land has been prepared in the name of the plaintiff and he is paying rent, that Haji Jalilur Rahman filed Other Class Suit No. 844 of 1975 in the Court of Munsif, (now ..

Category: Property Law | Date: | Hits: 36

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....reatment to persons of the same class." 28.Thus equal protection appear to be the guarantee that similar people will be dealt with in a similar way and the people of differ­ent situation is not expected to be treated as if they were the same. In the case of Jibendra Kishora vs Province of E......passed without any lawful authority and of no legal effect. 5. The impugned section 3 provides for 45 reserved seats exclusively for women for a period of 10 years, after the dissolution of the current Parliament to be elected on the basis of procedure of proportional representation in the Parlia..

Category: Constitutional Law | Date: | Hits: 221

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... in the present case there was a provision in the bill along with others to make Islam the State Religion of the Republic and most of the members because of their religious belief and conviction were expected l§ support the said provision, but in respect of setting up of permanent Benches of the Hi...... that Article 48 says that there shall be a President of Bangladesh. Under Arti­cle 65(1) it says that there shall be a Parliament for Bangladesh. But in Article 94 it has been said in somewhat different fashion namely, there shall be a Supreme Court for Bangladesh to be known as the Supreme Court ..

Category: Constitutional Law | Date: | Hits: 1934

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......ver, re-appeared in 1352 B.S. and on 3rd Baisakh 1354 Plaintiff look Karsha settlement of the same by executing a Kabu­liyat Ext.1 which was registered. The plaintiff pos­sessed the suit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when th..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......not holding over within the meaning of s. 116 T.P. Act nor is she a tenant by sufferance either. But she is a tenant under s.2(8) of the Premises Rent Control Ordinance and subject to the fixation of rent and other terms and conditions for a fresh tenancy the appellant is entitled to the benefit of ..

Category: Property Law | Date: | Hits: 45

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... Hemendra Kumar Majumder inherited it along with other properties of Shashi Bhusan. After the death of Sha­shi Bhusan the six brothers amicably partitioned all the inherited properties lying in different places; the suit land at Feni fell exclusively to the share of Hemendra; the property at Naraya..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......led to retain his posses­sion till legal partition, by an order of injunction against another co-sharer who threatens him with dispossession. Both the trial Court and the appellate Court, on a concurrent finding, answered the ques­tion in the affirmative; but the learned Single Judge of the High C..

Category: Others | Date: | Hits: 106

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

.... it may not remain the same for all time and a change of place may be necessary with change of time and circumstances. The appellant must take the initiative in Finding out a suitable place and it is expected that the authority also will help the appel­lant in shifting his shop to a suitable site a......it is clear that the District Magistrate is authorised to order closing down of a shop at such times or for such period as he may think necessary for the preservation of the pub­lic peace. It is apparent that maintenance of the pub­lic peace being of prime concern the local adminis­tration has be..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......arliament and the members of the Local Councils are elected by the same voter; but their respective functions differ widely. 9. The Local Councils are classified on reasona­ble basis which is apparent from the nature of its duty and that has been highlighted in the judgment of my brother. The on..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from t..

Category: Others | Date: | Hits: 96

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8...... plaint, had been pur­chased by the Bank in Mortgage Execution Case No. 63/44 and Mortgage Execution Case No. 51/52 against the judgment-debtor, one Madhavi Lata Lala. N. L. Sinha also sold away the rent receiving interests of this demised property by executing two Deeds of Conveyance on 26.6.54 in..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......pect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through different borgaders. Defendant No. 1 ap­pellant took borga settlement from the plaintiff and possessed t..

Category: Property Law | Date: | Hits: 46

Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ing share in the plot to the plaintiff and the plaintiff and the became owner of 16 annas share of the suit land and since then he was in possession of the same asserting his own right. In the recent rent roll plaintiff's name was not cor­rectly recorded and being encouraged by the finding of a cas..

Category: Property Law | Date: | Hits: 49

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......dule I, of the Limitation Act, the delay caused a material alteration in the value of the property because it led the tenants to hope that the lease would never be given and to agree to pay enhanced rent in order to prevent it from ever being given. Facts here are distingui­shable from those in t..

Category: Civil Law | Date: | Hits: 109

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......arch, 1973 when the plaintiff-appellants received a notice of eviction from defendant No. 6 and also on October 31, 1974 when defendant No 3 threatened them with dispossession. By filing three different written statements, three sets of defendants, namely, defendant No. 1, defendants Nos. 3-5 and..

Category: Property Law | Date: | Hits: 36