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Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... the High Court Division. 11. It appears that the plaintiffs and the defendant Nos.1 and 2 set-up competing claims of right, title and possession in the suit-lands. The Courts below approached the dispute, on the face of the title deeds produced on behalf of the defendant Nos.1 and 2 and the evid..Category: Limitation Law | Date: | Hits: 181
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......lection Petition.
2. The facts, in short, are that the respondent No.1 (i.e. petitioner in election Petition) filed Election Petition No. 8 of 2009 stating, inter alia, that the instant election dispute relates to the election of the Member of Parliament in Constituency No. 134, Tangail-5.
3..
Category: Election Law | Date: | Hits: 116
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......ed by allowing the application filed by the respondent under Section 42 read with Section 43 of the Arbitration Act, 2001.
2. The facts, in short, are that the arbitration related to the alleged dispute which arose between the parties in the matter of the alleged failure of the respondent to de..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... the Respondents. Writ Petition No. 1163 of 1998. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the refusal by the respondent No. 1, to refer the dispute raised by the petitioners in their letters dated 11.2.98 and 18.2.98 respectively, to the Ba..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......on Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the opposition in..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......d and is protected land and that the writ petition as framed and filed is not maintainable inasmuch as the question of possession and title cannot be decided without taking evidence inasmuch as dispute as to title and possession have been raised against the claim of the petitioner. 7. O..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ...... the letter of handing over possession of the affairs of the said Samity to the new executive committee. 7. Mr. Md. Nurul Amin, the learned Counsel appearing for the writ petitioner does not dispute the claim of Mr. Nuzrul Islam Talukder, the learned Deputy Attorney General that the newly e..Category: Constitutional Law | Date: | Hits: 107
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......case of possession followed by dispossession. In such a case the onus is on the plaintiff to prove that he was in possession within 12 years from the date of the institution of the suit." We do not dispute the observations made in the above cases. We fail to understand why the learned counsel has ..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......Fees Act. After withdrawal of he suit or dismissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject of dispute without the permission of the court and as the earlier suits including the civil revisions b..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ...... for rent receipts, though not documents of title, are important item of evidence of possession and may be used as collateral evidence of title since possession generally follows title" We do not dispute the statement of law made on interpretation of rent receipts but the facts of his case are q..Category: Tenancy Law | Date: | Hits: 174
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....ion, pursuant to which a meeting of the Board of Directors of the company was called on 10th October, 2000 in the said meeting the resignation of the petitioner was on discussion accepted by way of resolution under Article 120 of the Articles of the Association of the Company and the resignation...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......hat the High Court Division without legally interpreting the meaning of the provision of said Employment of Labour (Standing Orders) Act, 1965 and without considering its implication upon the present dispute discharged the Rule in favour of the respondent No.2 Md. Golam Nabi resulting in an error in..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......ir title or possession. It is pertinent to mention that exhibit-5 series are registered kabalas. The High Court Division rightly held that P.W.3 deposed that the plaintiffs are in possession of the dispute 2nd schedule of land. Such evidence has been corroborated by P.W.4. 17. It further appear..Category: Property Law | Date: | Hits: 33
....e Legislative Drafting Wing in the year 2000 having had full knowledge about the Legislative Drafting Officers (Ministry of Law, Justice and Parliamentary Affairs) Recruitment Rules, 1998 wherein the resolution taken in the meeting of the Secretaries dated 06.01.1997 so far relating to the decision ......s an essential and integral part of the judicial system and lawyers may figuratively be described as priests in the temple of justice. They assist the court in dispensing justice and it can hardly be disputed that without their help, it would be well nigh impossible for the Court to administer justi..
Category: Constitutional Law | Date: | Hits: 207
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... Fees Act. After withdrawal of the suit or dismissal of a suit for non-prosecution for default no fresh suit can be filed by the same parties or any party claiming through them on the same subject of dispute without the permission of the court and as the earlier suits including the civil revisions b..
Category: Property Law | Date: | Hits: 43
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
....r President of the Diploma Engineer's Association to remain silent. So, he guessed that the petitioners acted under advice of the Chief Engineer. The petitioners informed the higher authority by a resolution dated 05.03.1998 about an incident dated 25.02.1999 about the complainants conduct and h...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......acres of land of plot No.555 in Baishakh, 1333 B.S. with one Achora Khatun alias Achia Khatun and handed over possession to her. 3. The said .22 acres of land of Plot No. 555 in the land in dispute in the suit, .61 acres of land of another C.S. Khatian being C.S. Khatian No.362 was under ..Category: Property Law | Date: | Hits: 138
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......pon taking needless efforts in search of title of the plaintiff-petitioner in connection with Title Suit No. 17 of 1996 which is merely a suit for permanent injunction wherein the determination of dispute of possession of the contending parties in the suit land is the paramount consideration and..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
.... order of remand. The case of Probodh Ranjan Shome Vs. Md. Easin, 4 BSCR (AD) 457 may be referred to in this connection. Since there is no necessity for taking any further evidence in the interest of resolution of the dispute on title, the order of remand passed by the High Court Division cannot be ......ohammad Mia and Khairunessa acquired no title and possession in the aforesaid .36 acres of land by virtue of the said kabala deed dated 19.10.1955. Subsequent to the said Kabala deed there arose some dispute among the heirs of Torab Ali as regards possession of the properties left by Torab Ali. Henc..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......f joint family. This document esxhibit-2 is supported by the application of compromise. Both the P.W.'s 2 and 3 are signatories to the exhibit-3. They testified in support of the settlement of the dispute between the plaintiff and the defendants. It also appears that the trial Court believed exh..Category: Property Law | Date: | Hits: 99
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