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Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ...... proper appreciation of the questions relevant facts may be stated thus: The pro­perty described in the schedule to the plaint belonged to Ismail Gazi who married five wives and died leaving a number of heirs through them. Ismail Gazi made a waqf of his pro­perty and executed a deed of w..

Category: Trust/Waqf Law | Date: | Hits: 171

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......rned Attorney General opposes the petition submitting, inter-alia, that the instant peti­tion has been filed with oblique motive to delay and drag the disposal of the case as previously also a number of applications have been unsuccessfully filed at the instance of accused persons  one ..

Category: Criminal Law | Date: | Hits: 64

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....rrived at a correct deci­sion and there is no cogent reason to inter­fere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......ies Act, 1994 regarding the tenure of direc­tors of a public limited company or their re-election except the provisions of Section 91(2) which provides that not less than one third of the whole number of directors of a public company shall retire by rotation in a general meeting; the Bank Co..

Category: Business or Commercial Law | Date: | Hits: 78

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......7536 dated 14.05.1980.The plaintiff came to know that both sale deeds were forged and collusive. The suit was ultimately on transfer to the court of Subordinate Judge and Arbitration Judge at Dhaka renumbered as Title Suit No. 52 of 1997. 8. On 15.02.1992 said defendant No.5 Rabiul Awal of earlie..

Category: Tenancy Law | Date: | Hits: 180

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....osite party No. 15 Shahidul Islam, an Assistant Teacher of the said Madrasha to perform the duty of Assistant Presiding Officer in his place by false personation, This was done for influencing the voters to cast their votes in favour of opposite party No. 5. The said Shahidul Islam worked as an ......of 1972), Article 36 The ballot papers that are required to be excluded from the counting are fully described in Article 36(4) (i)-(iv) of the Order. A ballot paper not containing the code number or the signature or initial of the Assistant Presiding Officer shall not cause the ballot pa..

Category: Election Law | Date: | Hits: 126

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi, submitted nomination paper, for membership duly proposed and seconded by ......er of Union Char Gazi, submitted nomination paper, for membership duly proposed and seconded by two voters of ward No. 1 des­cribing ward No. 2 in place of old ward No. 1 in the belief that the number of ward changed from ward No. 1 to ward No. 2, according to the gazelle notification publish..

Category: Election Law | Date: | Hits: 114

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......of fish and for the said purpose they spent a huge amount in placing the Dal and Kattas throughout the area the area and in putting up and keeping costly bunds at necessary places and in keeping a number of guards all through for protecting the fisheries. According to the practice the fisheries ..

Category: Civil Law | Date: | Hits: 89

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......eme Court conferred upon it by the Constitution can be taken away, it is necessary to refer to the Proclamations under which the Regulation has been enacted. The relevant Proclamations are three in number. 7. The first Proclamation, dated August 20, 1975, was made within a week after the o..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division to exercise the jurisd..

Category: Criminal Law | Date: | Hits: 138

Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ...... rules prior to coming into operation of Act No. XX of 2000 and the said post together with the posts of Appraiser, Preventive Officer and Intelligence Officer have been shown under the same serial number abolishing the old set­up and accordingly, the alleged transfer of the respondent along..

Category: Constitutional Law | Date: | Hits: 133

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......;gal. 32. It appears that in the hartal that took place on 9th, 10th and 11th February, 1999 there had been innumerable cases of injury including death and mischief to property and quite a number of criminal cases of very serious nature were regis­tered in different police stations. ..

Category: Criminal Law | Date: | Hits: 79

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...... on that very day i.e. July 26, 1960 (Ext.Gha-2) and in the kabala (Ext.Ga-9 dated May 15, 1961) whereby Abdur Razzaque reconveyed the land which he purchased on July 26, I960 from Abdul Hamid plot number was mentioned as 8275, but in the totality of the facts and circum­stances of the case t..

Category: Property Law | Date: | Hits: 42

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... about the above sale deed dated 17.06.95; he then after obtaining the certified copy of the said deed filed the case seeking pre-emption, although in the above sale deed dated 17.6.95 the khatian number has been shown as 160, actually it would be Khatian No.13. The pre-emptee-respondent no.1 co..

Category: Property Law | Date: | Hits: 34

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......5th February, 1972, 4th June, 1972, 22nd February, 1978 and 23rd February, 1988 for the release of the concern but the prayers were rejected. That on 18-7-1978 the writ petitioner intimated about the number of shares of Bangladesh Nationals and prayed for release of the company in favour of the cont..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......g written objection stating, inter alia, that the High School was established in 1929 and since then the school was imparting education, both to boys and girls, that with the passage of time as the number of students increased and because of that the school faced acco­mmodation problem becaus..

Category: Civil Law | Date: | Hits: 216

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......its, on the other hand, that the cause of action and the reliefs prayed for in the two suits are vastly dissimilar, suit land being the same. The respondents had every right under the law to file any number of suits over the same cause of action. The only limitation is that the last suit will be sta..

Category: Procedural Law | Date: | Hits: 116

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ed under this Ordinance (Section 69, read with Third Schedule item (7). The responsibilities of the Government for the supply of clean and safe water to communities are clearly set out in a number of laws including the Environmental Conservation Act, 1995 and the Environment Conservation ..

Category: Environmental Law | Date: | Hits: 255

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... thorough search his dead body was found in the south-east cor­ner of a tank named "Kumaria Tank", which is about 250 yards south-east of Zafar's house. The throat was almost severed besides a great number of punctured and incised wounds on his body. His father, Ahmed Hossain (PW 1) went to the Tha..

Category: Criminal Law | Date: | Hits: 74

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... 6. As against the order of the learned Additional District Judge Allowing the Miscellaneous Case No.7 of 1992 and there­upon restoring the Miscellaneous Appeal No.7 of 1989 to its file and number upon set­ting aside the ex-parte order dated November 11,1991 allowing the appeal, the R..

Category: Trust/Waqf Law | Date: | Hits: 266

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......ith a goods Train ND-5 UP at Singia Railway Station near home signal while the said good train was shunting at the Singia rail­way Station, resulting in casualties of death and causing injuries to a number of persons and the matter being thus informed a First Information Report was registered on th..

Category: Criminal Law | Date: | Hits: 43