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Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......he officer so authorized shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mortga......High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parties......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......l Surgeon Jessore was appointed as Project Director under the care and contract of the Ministry of Health and Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-...... Vs. Md. Salim Reza……………………..…………………………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 S......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......fendants decree holder from enjoyment of the fruit of the decree. In the meantime 16 years have passed under the coverage of the instant vexatious litigation. In view of the above and in applying our power conferred under section 35A of the Code of Civil Procedure, we award a cost at taka 1,00,000/-......t-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent
Judgment
March 20, 2011.
Result:
The appeal is allowed.
Cases referred to-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk - ......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......n of the expert’s opinion. 12. The appellate Court also missed that the sale agreement was an unregistered one, which could be executed anywhere at the parties’ convenience. The plaintiff by a power of attorney appointed his son Ram Chandra Dey, who deposed on his behalf as P.W.1. This is not......vil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed b......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......tia and the conviction was given against him. The learned counsel further submits that the petitioner with a view to go to Saudi Arabia for a Job, had deposited his passport on a good faith to the Manpower businessman wherefrom no positive response was received by the petitioner even after waiting f...... Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda Akhter, Assistant Attorney General - For the Opposite party. Criminal Revision No. 91 of 2005. Judgment Mashuqu......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......t a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh and ADC (Revenue) respectively contested th......osite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 a...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... and fabricated document created for filing a suit for specific performance of contract. Subsequently the written statement of defendant No.1 A Satter Solaiman was struck off by the court because the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of......f Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent. Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Ka...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... Order 22, rule 10 of the Code then also, the Civil revision can be converted into a Miscellaneous appeal under Order 43, rule 1(1) of the Code. In the ends of justice the High Court Division has the power to treat an application of Revision as an appeal and vice versa a memorandum of appeal as an a......Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and ...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......o issue any passport to him. We find that no reasons as to the inability of the Government have been mentioned in this Memo. Under the provision of Article 4(2) of the Bangladesh Passport Order, 1973 power has been given to the authority for refusal to issue passport or travel document to an applica......Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin V.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...Category: Constitutional Law | Date: | Hits: 238
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......risdiction to entertain a second appeal on the ground of erroneous finding of fact, however gross or inexcusable the error may seem to be; and they added a note of warning, that no Court in India has power to add or enlarge the grounds specified in section 100. The learned Advocate for the responden......nt down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....culatÂed dues as made by the Trust (annexure-T), which is a proper calculation in accordance with law. But the authorities concerned failed to give due benefits to the petitioner only because of the financial implications and burden that would bear upon the Trust. He submits that such consideration...... in particular since many years were lost in the course of executing the writ petition due to the fault of the petitioner. By reference to President Order, 94 of 1972 Article-6 he points out that the power to deal with the petitioner lies only with the Board and only certain powers are delegated to ......er Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Re......the other hand, we accept that the contemnor No.1 had a superior authority and he may have felt obliged to refer the matter to his higher authority, particularly in view of the opinion of the learned Panel Lawyer dated 20-4-2007. 34. Taking into account all of the matters disÂcussed above, we fi..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earliÂer by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......t Judge, Dhaka. Thereafter the same was transferred to the first Court of Additional District Judge, Dhaka, for disposal. After promulgation of Act 35 of 2003 the learned District Judge by exercising power under section 8 of the Act transferred the appeal from the first Court of Additional District ......instance of defendant responÂdent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are......er as to cost. The order of stay granted earliÂer by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ges and Assistant Judges. 5. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees. As members of the Judiciary, they exercise the sovereign Judicial power similarly as the members of the Cabinet exercise the executive power and the members of the Le......nbsp; Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ...... of liberation) freedom fighters, their dependants and dependants of the Martyrs of the War of Liberation and to provide assistance for their livelihood and rehabilitation. 3. In exercise of power under PO No.94 of 1972 the Board of Trustees in charge with the management of the trust, promu...... Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities to show c......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....ality before the annual budget is finalised shall determine percentage of the annual value of lands and buildings at which any of the taxes or rates mentioÂned in rule 22 shall be levied in the next financial year etc. 16. Rule 42 provides the restriction on the imposition of water rate or light......issioner was not mainÂtainable under Article 98 of the Constitution, 1962. 5. Under section 22 of the Municipal Administration Ordinance 1960 that MuniciÂpal Committee exercise all the executive powers. Section 23(6) provides that all decisions of the Municipal Committee shall be reported to th...... Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 ......s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......ature of special law is that it does not applies generally but to a particular or specified subÂject or a class of subject. 11. Under section 109 of Bankruptcy Act, the learned District Judge has power to transfer and withdraw any proceeding pending in subordinate Court to himself or to any subo......¦â€¦.........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result: The Rule is made absolute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......n Commission Vs. ATM Najamullah Chowdhury reported in 62 DLR (AD) 225. Referring to the case of Habibur Rahman Mollah Vs. State reported in 62 DLR (AD) 233, the learned Advocate submits that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can only be ex......…………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2010. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Salam Shahadat Vs. State, 14 BL......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ke over possession cannot be questioned. Learned Counsel for the Government has further contended that havÂing regard to the provisions of President's Order No.16 of 1972, the Government was fully empowered under the provisions of the said Presidential Order to take over possessÂion and management......¦â€¦â€¦Respondent Judgment August 19, 1977. Result: The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney GeÂneral, with B.C. Roy Chowdhury, Assistant Attorney General, Instructed by B.C. Panday, Ad......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... law of master and servant will come into play at all. The employees of the PIA were governed by the Pakistan International Airlines CorporaÂtion Act and rules have been framed under the rule-making power under the Act. After the liberation of the country the Air BanglaÂdesh International (Tempora......sion in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......t completely take away the right of authority to acquire property under the parÂent Act. He refers to sections 40 and 79 of the Act, which by reference to the Land Acquisition Act, 1894, retains the power for acquiring land compulsorily for the requirement of the Board, namely DIT, now RAJUK. He fu...........Petitioners
Vs.
Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents
Judgment
September 8, 2010.
Result:
The rules are discharge.
Cases Referred to-
Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab ......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
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