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Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of BanglaÂdesh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (AD) 313; Nurjahan Begum Vs. Nur Rahman, 59 DLR 98; 7 DLR 94; Erfan Ali Vs. Joyn......s Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of BanglaÂdesh, represented by the Deputy Commissioner Feni Vs. Har Chand......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
....n and women, eating areas, orphanage etc. for the visiting devotees can also be established on the acquired land, without erecting any extension to the original Mosque.
34. In that way, on the one hand the relic of the history represented through the Mohasthan garh shall remain undisturbed, and o...... of the Mohasthangor ancient monument.
4. The matter involves immense public importance. The Mohasthangor has a great significance in our history. It is also a public place which is now under the governance and protection of the Government of People Republic of Bangladesh. Nevertheless, recently ......mi League, Bogra District, President of Chamber of Commerce, Bogra, Director FBCCI, President Mohasthangorh Mosque, Mazar Development Committee and a renowned freedom fighter. There is an independent management committee for the Mazar and the Mosque in the subject vicinity.
18. Pursuant to a deci..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....low him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more particularly described in schedule-2 of the im......e of the mortgaged properties including that of the petitioner. The bank published the said notice without encashment of bank guaranties those were furnished to secure the loan as a first charge. Moreover, it did not make any formal claim or serve any prior notice upon the petitioner and as such he ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....stice constituted this Full Bench by order dated 16‑6‑2004 to resolve the issues. 11. At the hearing of the Rule, Mr. MI Faruqui, the learned Advocate appeared for the petitioner. On the other hand, the learned Attorney‑General appeared for the respondent No.1, Mr. Abdul Razzaque appeared f......Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment A......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....Police Station against respondent No.2 alleging that the latter had stolen away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the cust......en away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the custody of the appeÂllant who executed a bond to the effect that he would p......ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....f an Audit Commissioner and inspection into the account will not take much time and if any direction as sought for is given, it will not affect the interest of the respondent-bank. 8. On the other hand Mr. Md. Imam Hasan, the learned Advocate appearing for the respondent-bank vehemently opposes t......erm of the saving certificates did not expire. The other saving certificates valued at Taka 10,00,000/- (ten lac) were owned by one Fatema Begum and Mohammad Lokman. Those were deposited to secure an over draft loan against M/S Overseas Trade Syndicate and were already encashed in order to adjust th...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....ed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......f the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and management of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-7......(hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and management of this firm in pursuance of an order of release of the same by the Government (as contai..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......d the responsibilities of managing the affairs of the Waqf Estate and since then the writ petitioner is performing his duties as Mutwalli as if a successor nominated by the predecessor in office. Moreover, writ petitioner was making correspondences with the respondent No.2 and other persons. That wh......the said program to have illegal gain. The respondent Nos.4 and 5 of the writ petition are creating serious obstruction hampering the development work and also interfering with the normal affairs and management of the Waqf Estate. That when the writ petitioner was waiting for approval of his Mutwall..Category: Trust/Waqf Law | Date: | Hits: 148
....1.1998. That it is stated that Khanepur Mouza covers a vest area of said Union containing 9155 population out of total 27.613 population of the Union and most of them are cultivators and on the other hand 90% of revenue of said Union are collected from Khanepur Mouza inasmuch as the curtailing of Kh......sent:
Syed JR Mudassir Husain CJ
Mohammad Fazlul Karim J
Amirul Kabir Chowdhury J
Md. Shahidullah (Kamal)……………………………………………………Petitioner
Vs.
Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others……â......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....lls for interference by this Court. 19. In the result the Rule is made absolute. The SCC Suit No.9 of 1986 of the Court of SCC Judge Sadar, Dinajpur is hereby decreed. The defendant is directed to hand over possession of the suit premises to the plaintiffs within 90 days failing which the plainti......claim title for himself rather he sets up a case that Binodi Lal never executed any deed of exchange in favour of the plaintiffs. In the reported case their Lordships further held that in the face of overwhelming evidence that there was relationship of landlord and tenant between the plaintiffs and ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..Category: Property Law | Date: | Hits: 78
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....and the Labour Court after hearing allowed the same. 7. The petitioner questions raised by the petiÂtioner in the instant case is that the Labour Court has no jurisdiction in dealing with case in hand as the petitioner organization does not come within the purview of industry/establishment as pe......int Case No.66 of 2003 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965. 2. Facts leading to the issuance of this Rule are that; the petitioner is functioning as Non-Government Organization having registration under the provision of the Foreign Donation (Voluntary Ac......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ary order under section 145(1) of the Code irrespective of its right to possess. Court is concerned only with possession of land or water and not with question of title thereof. 15. in the case in hand, points for determination are, whether the first Party was at the relevant time, that is on the......fidavit along with papers annexed therewith. We have also perused the evidence from the lower Court records. 14. Principal objects of section 145 of the Code are (1) to prevent the breach of peace over land or water and (2) to restore the possession of the same to the party found to have been for......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....s Case is also Reported in: 30 DLR (AD) (1978) 112.......s not givÂen a retrospective effect. It was, therefore, conÂtended that the Act having no retrospective effect, the appellants cannot be tried by the Special Tribunal constituted under the Act. Moreover, the Act provides capital punishment whereas the Penal Code provides transportaÂtion for life ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
.... file conÂcise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Government of Bangladesh, repreÂsented by Secretary, Ministry of Education, Bangladesh Secretariat, ......e teachers of different nationalized colleges. The petitioners of Writ Petition No.8289 of 2008 were appointed as lectures of different subjects in Panchagar Mohila College while it was under private management, the petitioners of Writ Petition No.9585 of 2008 were appointed as lecturers of differen..
Category: Employment/Service Law | Date: | Hits: 133
..... 9 and 10 by selling their land to the petitioners and others extinguished their right and interest in the suit land and therefore, they may not be interested to contest the suit.
4. On the other hand, Mr. Md. Mubarak Hossain, learned Advocate appearing for opposite party No. 17 submits that the......r vendors are made parties and they have purchased the land during pendency of the suit, they would rise and fall with their vendors and their right and interest whatsoever in the suit land would be governed by the principle of ‘lis pendens’. It is apparent in the records that the petitioners fi......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 77
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
.... they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduced some documentary evidence in support of their case. On the other hand, the defendants examined two witnesses including defendant No. 1 and also adduced some document......a purchased the same in benami of his wife Manjury Mohini Saha, which was confirmed on 22.9.1938. After so purchase, Ramoni Mohan Saha constructed two buildings on the suit land and rented it to the Government for setting up a Sub-Registry Office there. He also constructed a separate house on the so...... of the suit land and was running his business of herbal medicine there. After his death, his four sons inherited the suit land and were enjoying the same in ejmaili. Among them plaintiff No.1 was in management and control of the property. Later on there was an amicable partition between the said he..Category: Property Law | Date: | Hits: 66
.... was filed at the stage of argument. He further submits that in accepting additional pleading, the Court should be lenient as refusal to the same may prejudice the concerned party.
6. On the other hand, Mr. Abdul Quiyum, learned Advocate appearing for the plaintiff-opposite party submits that in ......he suit.
5. Mr. Probir Neogi, learned Advocate appearing for the petitioners submits that the proposed additional written statement was necessary for better pleading and to determine the real controversies between the parties. Since the additional written statement would not change the nature and......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....Ed. This Case is also Reported in: ......he plaintiff raised objection against the opinion of hand-writing expert, the trial Court was not supposed to consider the opinion in absence of any formal proof and without examining the expert. Moreover, in the judgment of the trial Court there is a finding that defendant No.1 after execution of t......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
S. M. Basiruddin Vs. Zahurul Islam ChowÂdhury and another, 1982, 11 CLC (AD)
....and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77; Ram Charan Sutradhar Vs. S.M. Makhan, 38......g permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha Khatun paid rent of Tk. 1/- to the lessor Rangubala till the rent receiving interest was acquired by the Government; and that S.A. Khatian was not correctly prepared because neither respondent No.1 nor his ......e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
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