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Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....rring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus: Petitioner is an old lady and a citizen of Bangladesh. Building situated at Municipal holding No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, ...... Vs. The Chairman & another……...............Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Case Referred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhu..

Category: Property Law | Date: | Hits: 64

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

....y of Education which constituted a Committee of 3 responsible officers who came to the conclusion that Pesh Imam is a man of questionable character and the Committee submitted a report with a finding holding him responsible for misdeed and as such the Pesh Imam was guilty of the charges. 8. The l......on (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Moulvi Gholam Moula ..................Petitioner Vs. The Secretary, Ministry of Education, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others………â..

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....ding anything contained in any Local Government Law, on the commencement of that Order, all the Local Councils and Municipal Committees in Bangladesh would stand dissolved and that all the persons holding office as Chairman, Vice‑Chairmen, Members and Administrators of such Local Councils and ......Writ Petition No. 2945 of 1991) 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Develop­ment and Co‑operative (Local Government Division), Government of Bangla..

Category: Constitutional Law | Date: | Hits: 461

Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)

....e Administrative Appellate Tribunal, after hearing both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrative Tribunal holding mainly that there was no legal evidence on record to prove the guilt of the petitioner befor......tary (Admn.) was appointed as enquiry officer to enquire into the allegations. The petitioner alleged that the enquiry officer without observing the pre­scribed rules of enquiry as envisaged in the Government Servants (Discipline and Appeal) Rules, 1985 and without giving proper opportunity to the ..

Category: Administrative Law | Date: | Hits: 210

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....mals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plaintiff had been residing in that land by paying holding tax regularly. In 1979 and lastly on 19.03.1991 the defendants threatened the plaintiff with......iginal owner of the "Ka" schedule land mentioned in the plaint. In 1959-60 vide L.A. Case No.13 the defendants acquired the said land for rehabilitation of the refugees migrated from India. That the Government assured Zayor Bibi that she would be given proper compensation and alternative land and sh..

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....n remains the controlling and regulating authority and that the National University authority is required to abide by notifica­tion dated 2.4.2003 and that the High Court Division committed error in holding that the notification dated 2.4.2003 issued by the Ministry of Education has no manner of ap......, Bhola is a non-gov­ernment degree college under the control of the National University, the Respondent No.2. One Mr. Md. Asraf Ali was the Principal of the college. On 03.01.2006, he informed the Governing Body that because of illness, he was unable to perform his function as Principal. After tha..

Category: Employment/Service Law | Date: | Hits: 108

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

.... 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consid­eration of those evidence, dismissed the suit of the plaintiff holding that the plaintiff could not prove the offer, acceptance, set­tlement of price and cause of......oney, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date the defendant could not register the said kabala deed for want of time and handed over the said executed kabala deed to the plaintiff telling that he would register the same on some ..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....sessing the suit land on the strength of her right and title. 4. The learned Assistant Judge, on consid­eration of the evidence adduced by the parties, decreed that Other Class Suit No.43 of 1989 holding only that in the Partition Suit No.194 of 1984 the present plaintiffs were not served with t......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..

Category: Property Law | Date: | Hits: 80

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ovisions of this Ordinance. In this case admittedly the decision of the Village Court was by four to one and, therefore, was not amenable to the jurisdiction of the learned Munsif. The learned Munsif holding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned......evision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑interest of the opposi..

Category: Property Law | Date: | Hits: 74

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....s son in defendant Nos.1 and 2, daughters namely, Ayesha and Adarunessa who become owners in possession of the property left by Abdul Quadir, It is their further defence that another co sharer of the holding Alak Jan was owner in possession of 2 annas 13 gandas I Kara 1 Kranti share which comes to 6......d manner the plaintiffs became owners in possession of 57 decimals of land of (Kha) schedule and they are possessing the same by constructing residential house and also planted various trees for long over the statutory period. The plaintiffs further asserted that out of grudge and in order to grab t..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....to how the suit property became the secular property of Suresh Chandra Roy, and the plaintiff being in continuous peaceful possession of the same all through, the learned Courts below erred in law in holding on mere surmises and conjectures that the suit property was the personal property of Suresh ......t High Court Division (Civil) Present: Gour Gopal Saha J Hindu Deity Lakshmi Gobinda Jew………………Petitioner Vs. Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties Judgment August 16, 1998. ..

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....further proceedings of Family Suit No.27 of 1996 till disposal of Nari-O-Shishu Nirjatan Case No.8 of 1996. The learned Senior Assistant Judge by order dated 8-1-98 rejected the application for stay, holding, inter alia, that the nature and character of the 2(two) cases are entirely different. Thoug......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....rising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....measures affecting the merit of the suit cannot be allowed keeping the contesting defendant in the dark. The learned Assistant Judge evidently erred in law in allowing amendment of the plaint and the holding of the local investigation beyond the knowledge of the defendants. The impugned decree is th......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...

Category: Procedural Law | Date: | Hits: 58

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....Court of Pakistan in the subsequent case of SA Haroon and others Vs. Collector of Customs reported in 11 DLR (SC) 200. In view of the same we are of the view that the Court below was not justified in holding that the plaintiff had no onus to prove that the suit seized goods were not smuggled goods a......dinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of possession of the same. 2. Plaintiff firm M/s Ram Ratan Das Bana­rashi Lal filed the af..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

.... not entitled to get anticipatory bail. Merely because person is respectable, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Cour......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...

Category: Criminal Law | Date: | Hits: 84

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....the suit property on false and fictitious papers and as such the suit is liable to be dismissed. 4. The learned Assistant Judge by his impugned judgment dated 29-3-95 dismissed the suit on contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having no......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...

Category: Procedural Law | Date: | Hits: 91

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....secution has proved that the accused persons made confessional statements regarding their taking of part in the occurrence which is true and voluntary and, as such, the same alone may be a ground for holding the accused- appellants guilty for the offence charged. 10. In view of claim and counter-......not open the door, the dacoits broke open the door forcibly and 6/7 dacoits entered into his dwelling hut. The further case of the prosecution is that dacoits caught hold of him and asked him to make over cash and ornaments, when his wife opened the almirah and some of the dacoits then took away gol..

Category: Criminal Law | Date: | Hits: 70

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....It is stated in the application for review that this Court on an application of the petitioner under sections 81(2) and 85(3) of the Companies Act, 1994 by order dated 19-3-1998 condoned the delay in holding the annual general meetings of the company for the years 1982 to 1997 and directed the petit......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...

Category: Company Law | Date: | Hits: 186

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

....he said enquiry was held on 31-3-98 in presence of said Nasiruddin Shah and the petitioner, and it appears that copy of the order dated 30-3-99 (Annexure-B) was also served upon the petitioner before holding the enquiry on 31-3-99. We have already noticed that there is no deed creating the waqf in q......inistrator of Waqfs proposing to construct a 16-storied building by the side of the Pir Yeameni Waqf Market in the remaining land and thereafter a meeting was held in the Ministry on 18-7-95 presided over by the Secretary and it was decided for development of the land near the Pir Yeameni Market. Th..

Category: Trust/Waqf Law | Date: | Hits: 142