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Tariq-ul-Hakim J. - In Writ Petition 6822 of 2001 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order (Annexure B to the Writ Petition) to the extent of transferring the petitioner from his present place of posting in the office of the respondent No.1 a...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... law and morals, between the perspective of jurisprudence and those of reason and good conscience. The creative work of interpretation of statutory law by the judges has to continue because law is, indeed, a historical growth, for it is an expression of morality which develops silently and unconscio..Category: Criminal Law | Date: | Hits: 60
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......ted land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. Abdul Mannaf by a registered deed dated 16-6-1997 without giving any notice to the pre-emptor who is a co-sharer to the disputed ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....se of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 of 1985 before the Subordinate Judge, Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Assistant Judge, Kishoreganj was re-numbered as Partition Suit No. 95 of 1993. 3....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....s is the Sale of Goods Act, 1930. The instant case is a case of sale of goods in auction. According to section 4 of the Sale of Goods Act, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price; and where under a co......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....arty No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer was served upon the preemptors as a co-sharer and having learnt about the said transfer the......ote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer w..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....f temporary injunction is or has been passed by the Senior Assistant Judge, or the Assistant Judge as the case may be against that order an appeal will lie to the District Judge and if such appeal is transferred to the Joint District Judge and the appeal is heard and disposed of by the Joint Distric...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....il the conclusion of the trial; c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence. d) notify the Public Prosecutor of the transfer of the case to the Court of Session." 14. The difference between the two provisions is t......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ma hall to them. After receipt of the rest of consideration of Taka 31,15,000, a Senior Assistant Secretary on behalf of the Ministry, executed and registered a sale deed being No. 2726 dated 12-6-94 transferring 22.92 decimals of land only along with cinema hall building and other adjuncts thereto.......the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall at Taka 31,15,000 and on 26-10-79 an ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ication petitioner (Mr. Mainul Hosein) wrote a letter on 12-3-1997 (Annexure-F) to the Additional District Magistrate. Dhaka, raising objections, amongst others, that the post of Editor is not transferable, that there is no provision to keep the name of the Editor blank nor can anyone in his ......the writ petition under Article 102(2) (a)(ii) was not maintainable as the respondent Nos. 1-8, although they were servants of the Republic of Bangladesh but were not functioning or doing any acts or deeds in connection with the affairs of the Republic nor they had acted in the affairs of the local ..Category: Information Technology Law | Date: | Hits: 324
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....the plaintiffs filed another fresh petition on 22-9-2003 for a temporary injunction to restrain the defendants No. 1 to 5, 7 to 9, 1 and 12 from changing the nature and feature of the scheduled land, transferring the same to anybody else and also from restraining the defendants Nos. 13 and 14 from l......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....it-in-Opposition of the writ respondent No.1-Appellant and other materials on record found that the writ respondent-Appellant compromised the matter in writ petition with the stipulation that it will transfer the shares of the respondent company to the respondent No.2. Having considered the facts ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... the day on which the said suit was instituted Anis Fatema had no right, title and interest in the property. In paragraph 11 of his affidavit-in-opposition the appellant asserted that Anis Fatema had transferred the disputed property in his favour by registered deed dated 2nd April, 1987. In this co......der, also instituted Title Suit No.371 of 1991 against aforesaid Anis Fatema and others in the First Court of Joint District Judge, Dhaka for declaration of title and for further declaration that the deed of Anis Fatema is void, illegal and inoperative. The said suit was also decreed ex-parte on dat..Category: Property Law | Date: | Hits: 71
.... in the suit land as well as their story of dispossession from the suit land. Being aggrieved the plaintiffs preferred Title Appeal No.107 of 1998 in the Court of District Judge, Munshiganj, which on transfer was heard and disposed of by the Additional District Judge allowing the appeal and setting ......e Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona Mia and Golam S..
Category: Property Law | Date: | Hits: 81
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....duced them before the competent Magistrate for recording their confessional statements under section 164 of the Code of Criminal Procedure and in the midst of his investigation he left the station on transfer and, as such over the case diary to the Officer-in-Charge of the police station when SI of ....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
....্য প্রতিকারাদ বাদীকে প্রদানের বিহীত আজ্ঞা হয়।
3. The plaint`s case in nut shell was that the defendant No. 1 and 2`s transferor entered into a contract on17.8.1970 with the plaintiff of the instant suit for purchase o......f the plaintiff. The plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..
Category: Property Law | Date: | Hits: 110
Shahidul Vs. State, 1998, 27 CLC (HCD)
....after investigation submitted charge sheet against the accused petitioner and 2 others under section 4 of the Explosive Substances Act. The case ultimately came to the file of the present tribunal on transfer who framed charge under section 4 of the Explosive Substances Act which was read over and e......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....h’s competence to supervise activities of the overseas companies remain questionable, as it failed to do so to prevent Magur Chara catastrophe. Bangladesh PSCs also contain no stipulation to enable transfer of technology to Bangladesh or for the training of it’s personnel. Compulsory gas purchas......tion rather the demand will drive the production level. The claim that new discovery may, by 2005 yield 3466 MMCFD a day is speculative, a figment of imagination or wishful thinking. If there could indeed be such a level of discovery, we could have an easy ride for a long term plan for our gas resou..Category: Constitutional Law | Date: | Hits: 231
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
.... plot No.8430 and 0.23 of plot No.8431 appertaining to RS Khatian No.1585 of Mouza Durgapur, PS Mirsharai in the District of Chittagong. 3. By three sale deeds registered on 22-04-74 the plaintiff transferred the suit land to the defendant No.3 and the same date defendant No.3 executed and regist......ith surrounding bank measuring 0.03 acre of plot No.8430 and 0.23 of plot No.8431 appertaining to RS Khatian No.1585 of Mouza Durgapur, PS Mirsharai in the District of Chittagong. 3. By three sale deeds registered on 22-04-74 the plaintiff transferred the suit land to the defendant No.3 and the s..Category: Property Law | Date: | Hits: 113
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