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Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... petitioner leave was sought to impugn the later order of detention, by way of amendment of the writ petition. But the High Court Division, by its judgment and order dated 27.8.87 discharged the Rule holding that the same had become infructuous on the revocation of the impugned order of detention by......39. ..Category: Constitutional Law | Date: | Hits: 288
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....Ebadul Hoque J.- The accused‑petitioners had challenged the order dated 19.6.90 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No.102 of 1987 directing further inquiry by holding judicial inquiry after setting aside the order dated 16.5.87 passed by the Upazila Magistrat...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....ned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not properly discuss the ev......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......njunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plain..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament by those members of the Parliament under Article 152 (1) read with Article 65 of the Constitution is not established and the purpose of holding general election under Article 123(3) of the Constitution to establish the Parliament as soo...... not to make and subscribe oath or affirmation prescribed for a member of Parliament could stop the Parliament from being established and from functioning and could prevent the country from having a Government in accordance with the Constitution. This is thus an absurd argument devoid of any sense. ..Category: Constitutional Law | Date: | Hits: 164
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....n behalf of the State candidly submits that the judgment and order of conviction and sentence was based mainly on the dying declaration. The dying declaration was made by the victim before his death, holding his mother’s hand saying that “মাগো শরীফউল্লা আমাকে ...... Court of Additional Sessions Judge, Dhaka for disposal. The learned Additional Sessions Judge, framed charge against the appellant under section 302/102 of the Penal Code. While, the charge was read over to the appellant, he pleaded not guilty and claimed to be tried. 5. In order to substantiate..Category: Criminal Law | Date: | Hits: 73
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....irmed the findings of the trial court, but the learned High Court Division without considering the same and out of misreading and misinterpretation of the evidences illegally made the Rule absolute holding that the patta was not genuine and as such the impugned judgment and order of the High Court......d the same was under adverse possession of Abdul Aziz son of Hamid Baksha and Abdul Fattah son of Munshi Ali Baksha for more than the statutory period of limitation. That during C.S. operation the Government enlisted the suit land as Nayabad Mohal and as per possession of Abdul Aziz and Abdul Fatt..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....bitrator was illegal and, as such, the award passed by him also was illegal and without jurisdiction. By the impugned judgment the appellate Court dismissed the appeal upon hearing both the parties holding that the appointment of the sole arbitrator, in the given facts and circumstances, was in ac......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....asheda Begum, she filed Title Suit No.221 of 1964, in which Khatimunnesa and Doctor Manjurul Haque appeared and filed written statement claiming that they purchased 7(seven) annas share of the suit holding in auction on 20.06.1953. Title Suit No.221 of 1964 was decreed on 25.12.1965 in favour of R......Possession of the auction purchased land was delivered on 20.01.1954 through Court. Ali Ahmed being in possession of the auction purchased land for more than 12 years got his name mutated in the government record and paid rents accordingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accor..Category: Property Law | Date: | Hits: 72
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....e ground of non‑appearance of the petitioner at the time of hearing of the case. 2. The petitioner's case, briefly, is as follows: The property involved in this case, a house property bearing holding No.2/17, Nurjahan Road Block‑D, within Mohammadpur Housing Estate: Dhaka, originally belon......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....989) on 27.2.1990 against the Government of Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development to show cause why he shall not be directed to restore possession of holding No.9, Shirish Chandra Das Lane, Sutrapur, Dhaka to respondent No.3 of the present writ petit......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Ju..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....79 of 1965 was not a legal one and as such Court of appeal below acted illegally in passing the decree on the basis of the same. He further submitted that the Court of appeal below acted illegally in holding that the suit was maintainable and in reversing the finding of the trial Court in that respe......hat suit could be enforced by putting the decree into execution. Majority view of the High Courts of the Sub‑continent including the Calcutta High Court is that the part of a compromise decree not covered by the frame of the suit i.e. extraneous to the main suit, is not an operative part of such d..Category: Property Law | Date: | Hits: 88
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....hment under a contract of employment and includes an heir, successor or assign, as the case may be, or such person or body as aforesaid. 10. The trial Court framed charge against the petitioner holding that the New Nation Printing Press in the successor establishment of the New Nation Public...... aforesaid. 10. The trial Court framed charge against the petitioner holding that the New Nation Printing Press in the successor establishment of the New Nation Publications Ltd. which is well covered by the definition of the ''employer'' referred to above. It is contended on behalf of the p..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ce was separated whereupon he remained the Minister for Industries till 15th July, 2001. Thereafter the Parliament stood dissolved and a Caretaker Government took over the reins of the Government for holding the next general election. He is an eminent political leader of this country. He participate......inued to be so till 1998 when the Ministry of Commerce was separated whereupon he remained the Minister for Industries till 15th July, 2001. Thereafter the Parliament stood dissolved and a Caretaker Government took over the reins of the Government for holding the next general election. He is an emin..Category: Anti-Corruption Laws | Date: | Hits: 200
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....ised its power of sale under Article 34 of the PO 128/72. Since the power was given to BSRS for direct sale of the mortgaged property and since the BSRS exercised that power there is no illegality in holding the aforesaid sale. 9. In this regard Mr. Khondker Mahbubuddin Ahmed submits that applic......50; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advoc..Category: Company Law | Date: | Hits: 193
....possession of the suit land. The Assistant Judge as it appears did not consider this fact of possession of the plaintiff over the suit land and rejected the plaintiffs prayer for temporary injunction holding that the plaintiff has filed this suit after 27 years of the decree of Title Suit No.34 of 1......aque Ali, predecessor of defendant Nos.1 and 2 instituted Title Suit No.34 of 1962 against defendant Nos.4 and 5 and predecessor of defendant Nos.6-10 for declaration of title to the suit land and recovery at khas possession of the land and obtained a decree in respect of the suit land. The predeces..
Category: Property Law | Date: | Hits: 65
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....atuatuly, Dhaka, belonged to one Begum Jahura Hossain, whose name was recorded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his 4 brothers and possession of the same was ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....land under the landlord Chatterjee Babu at the rent of Tk. 50.00 as recorded in khatian 243 of the suit mouza. The further case of the plaintiffs is that Haran Mondal and Madhu Mondal surrendered the holding in favour of the landlord and Madhu Mondal and Takim Mondal took fresh lease of the suit lan......al No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....f the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. Thereafter, ...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....ilding standing in the 'A' Schedule land together with iron grills, net and protection, modem electric and sanitary fittings and fixtures, water and sewerage lines, etc. bearing Municipal Corporation holding No. 164/1, Elephant Road, Dhaka. 3. The ground‑floor of the three‑storied building co...... bed rooms, 1(one) drawing room, 1(one) dining room, 1(one) kitchen room, 1(one) bath‑cum‑store room, dining space of 11' x II feet and corridor, 1 (one) dressing room, 2 (two) bathrooms, 2(two) covered verandas, 1(one) small water pump machine room, 1(one) concrete underground water tank or res..Category: Property Law | Date: | Hits: 110
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