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Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... Case No.355 of 1968 instituted Title Suit No.280 of 1970 in the First Court of Sub-Ordinate-Judge, Dhaka on 29-12-1970 impleading the respon­dent No.6 as defendant No.1 and others as defendants for declaration of right and title in the suit CS Khatian No.211 CS Plot No.560/669, of Mouza No.278 Tej...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....e. 2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deeds dated 13.01.1974 allegedly given by the predecessor of the ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ...... Present: Zinat Ara J Syed Abu Kowser Md. Dabirush-Shan J Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondent Judgment May 13, 2010. Result: ..

Category: Civil Law | Date: | Hits: 85

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......The inherent power under the section has to be exercised for the ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. 17. Both apex Court of Bangladesh and Indian jurisdiction hold the view that the High Court while exercising power under se..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

.... with the undertaking given by Siemens dated 15.9.1999 is collusive, mala fide, fraudulent, illegal and not binding upon the plaintiffs. The plaintiff-respondents also made a further prayer by way of declaration that the defendant No.1 Siemens is bound to pay the decreetal amount of Tk. 39,34,740/- ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of wor..

Category: Civil Law | Date: | Hits: 87

Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)

....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Ru..

Category: Property Law | Date: | Hits: 69

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....er. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 wh......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..

Category: Procedural Law | Date: | Hits: 69

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 ..

Category: Procedural Law | Date: | Hits: 82

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......1. ..

Category: Property Law | Date: | Hits: 77

Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......t the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Bainapatra, showing a contract for sale of the said house worth seven la..

Category: Procedural Law | Date: | Hits: 71

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ial Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: ..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... (AD) page 20, in the case of Aklasur Rahman and others Vs. Safarullah and others which is also available in 42 DLR (AD) page 189 wherein their lordships of the Appellate Division of Supreme Court of Bangladesh have considered the point of waiver, acquiescence and estoppel in pre­emption matters. T..

Category: Civil Law | Date: | Hits: 192

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..

Category: Civil Law | Date: | Hits: 276

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......ry, 6 DLR 595; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 33 DLR (AD) 17; Muniammal Vs. Sakkubai, AIR 1988 Madras 241; Idris Shaikh Vs. Jilamon Bewa, 50 DLR (AD) 161; Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corporation Vs. Bangladesh, 47 DLR (AD) 1; Sheo Prashal Lai Vs. Tapeshwar Ma..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......the Country Director, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate a..

Category: Employment/Service Law | Date: | Hits: 238

Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result:..

Category: Employment/Service Law | Date: | Hits: 216

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......tterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 ..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......a Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Moti..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....legations made in the Writ Petition. Their case, in short, is that the impact of so-called expectation of rights/bonus has not reflected rationally in the price of the mutual funds. Moreover, illegal declaration of stock dividend by mutual funds had made the mutual fund units similar to shares of a ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......udul Islam - For Respondent Nos.1 and 2. Writ Petition No.5796 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondent Nos.1 and 2 to show cause as to why t..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....urther order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for furt......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..

Category: Property Law | Date: | Hits: 155