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Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ...... contrary to the provision of section 7(2)(Chha) of the Ordinance. Accordingly, we hold that the respondent No.1 stood disqualified at the time of filing nomination, paper for seeking election to the post of Chairman of the Local Union Parishad. No other ground taken in this petition was pressed by ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..Category: Election Law | Date: | Hits: 153
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....low failed to hold that the presumption of correctness of the entry in the CS khatian Ext. 2 recording 8 annas share in favour of plaintiffs' predecessor Rahmat Ali was rebutted by the patta Ext. 'A' registered on 16.11.1903 long before the preparation of CS khatian Ext. 2 and the payment of rents a......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ith cost against the contesting defendant and ex parte against the defendant No. 2. It was further declared that the plaintiff of Title Suit No. 1.08 of 1974 was entitled to get a Kabala executed and registered by Santosh Kumar Paul with respect to the suit land by way of specific performance of con......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..........................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC); Administrator of Waqfs and ano..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......e the Appellate Division, where by judgment dated 20-8-2007 the Civil Petition for Leave to Appeal was dismissed. The petitioner had prayed for a direction upon his employers to allow him to join his post. After the Rule was made absolute by the High Court Division and also subsequent to the dismi......dgment 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 Reza, V ADC (2008) 600 = 12 BLC (AD) 7; Tahera Nargis Syed Vs. Shamsur Rahman, 41 DLR 508; Bangladesh Freedo..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....d under Article 170 of the Constitution of Pakistan, 1956. The same view was taken in respect of locus standi under Article 98 of the Constitution of Pakistan. 1962. Therefore, an association, though registered, did not have locus standi to vindicate the personal or individual grievance of its membe...... of no legal effect and why the respondents should not be directed to place District Judges and other Judicial officers holding the rank of District Judges on a par with the holders of constitutional posts and above the positions of the persons in the service of the Republic in the aforesaid Warrant......pondents Judgment February 4, 2010. Result: Rule is made absolute. Cases Referred to- Secretary, Ministry of Finance Vs. Masdar Hossain, 52 DLR (AD) 82; Association case, AIR 1993 SC 2493; BELA's case, 49 DLR (AD) 1; Indian Supreme Court, AIR 19..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......e two taxes together shall not exceed 17% of the annual valuation. In section 3(42) of the Municipal Administration Ordinance, 1960, tax has been defined as to include any tax, rate, fee or other impost leviable under the Ordinance. In view of this, the argument of the Municipal lawyer that the Mu......akes no order as to costs. Order of the Court. In accordance with the view of the majority, 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
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....ave is from the judgment and order of the High Court Division passed in Writ Petition No.1003 of 1978. 2. The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under Section 26 of the Companies Act read with Section 3 of the Trade ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......costs and the judgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... and middle finger of the left hand were cut. People gathered from the Bazar and the accused left towards the east. The dead body of the victim Awal was taken to the Brahmanbaria Sadar Hospital where post mortem was done and Badal was admitted to Brahmanbaria Sadar Hospital for treatment. The inform...... is permitted to prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..Category: Criminal Law | Date: | Hits: 122
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
.... Plot No.561 in place of Plot No.544. After that, possession was taken over from leasees by beating drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of sale dated 13.04.1981. While plaintiff Nos.1-5 have been possessing of the suit l......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ...... Court Division erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..Category: Property Law | Date: | Hits: 93
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....uance or within the period of its validity. As per proviso (b) of sub-section (1) of section 138, the complainant opposite party No.2 also made a demand for the payment of the said amount by giving registered notice, in writing, to the accused petitioner within 30 days after the cheque is returned...... that he did not receive the notice. The case of the opposite party No.2 is that the legal notice under section 138 (1) (b) of the Negotiable Instruments act was issued on 2-6-2005 through registered post with AD; that it is presumed as per the provision of law that the said notice has been duly ser......ber 29, 2009 Result: The Rule is discharged and the proceedings in Metropolitan Sessions case should not be quashed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16. Lawyers Involved: AKM Asi..Category: Criminal Law | Date: | Hits: 113
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....favour of the vendor of the appellant's father. Lower appellate Court also found that Nakuluswar, the vendor of the respondents, was not in possession when the respondents purchased the properly by registered sale deeds Exhibits A and B, and they did not get possession of the property purchased by....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......al must succeed. Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
....Government servant by notice in writing which shall accompany with the charges against him. Thereafter, the procedure laid down therein is to be followed. Rule 8 provides that where a cast has been registered on information from any source other than Government agency, the Board shall ascertain th......2 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.7...... declared that the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256...
Category: Employment/Service Law | Date: | Hits: 107
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....rsonal capacity and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquished all his claims to the land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1950-51, was filed by M/s. ......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......rt. The appeal is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....ersian and appears at pages 63-67 of Volume No.1 of 1864. The deed is contained within the volume which records Wills and the particular deed No.30 is a deed of Wakfnamah dated 22.04.1864 which was registered on 25.04.1864. In our mind there is no longer any doubt as to the authenticity of the sai......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.
......JUK) 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 Abdul Malik Jute Mills Ltd., 60 DLR (AD) 7.
Lawyers Involved:
Md..
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....hat they were co-sharers by purchase of the case holding and also holders of land contiguous to the case land. That the opposite party No.3 sold the case land to the pre-emptee opposite party No.1 by registered kabala dated 16.09.1997 beyond the knowledge of the pre-emptors and without serving any n......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......r of the High Court Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156....... of the Act. The concerned authorities on realizing this error, tried to cover it up by inserting sub-section (2) in section 18 on 18.4.2007, by Ordinance No.VII of 2007. Sub-section (2) provides for post facto ratification of the acts done by the officers of the Commission during the period from 7.......Vs. The State.......................Respondent Judgment October 27, 2010. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290. Lawyers Involved: Abdul Baset Majumder with M. Sayed Ahmed, Advocates - For the Appel..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....s case in short was that the property described in the schedule to the plaint, hereinafter called the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Trust by a registered lease deed dated 26.12.1962. The suit property subsequently was taken over by the Governm...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
.... said deed on the ground that the said deed was not for legal necessity. It appears, both the Courts concurrently found that the disputed deed is not a forged deed, but the same has been executed and registered by Onnada Sundari in favour of Santo Kumar Kuri. Both the Courts also found that the said......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...............Opposite party Judgment November 11, 2009. Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhur..Category: Civil Law | Date: | Hits: 103
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....inst three accused including the appellant under sections 448, 497, 313, 318, 346 and 109 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Brahmanbaria and was registered as Session Case No.26 of 1994. The learned Sessions Judge by his order dated 18.10.1994 f......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....ope and Rajendra Chandra Gope became the owners of the scheduled land in equal share. That Rajendra Chandra Gope sold 1.75 acres of land from C.S. Plot No.605 to Ganesh Chandra and Purna Chandra by registered kabala dated 17.02.1926. Subsequently Rajendra Chandra Gope died leaving four daughters a......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......t is evident that there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
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