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Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....wyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by th......smissing the same and thereby affirmed the judgment and decree dated November 30,1991 of the 1st Court of Subordinate Judge, Khulna in Title Suit No.207 of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants fr..

Category: Property Law | Date: | Hits: 27

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

....nd another kabala deed No. 4129 dated 30-6-1992 by false perso­nification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on comple­tion of investigation submitted charge sheet in the ca......e against the accused respondent and others under the aforesaid sections of law. 3. On 54-1993 Ranjit Kumar Ghosh filed Title Suit No. 4 of 1993 in the Court of the Assistant Judge, Kumarkhali for declaration that the kabala deed No. 4129 dated 30-6-1992 is forged, collusive, fraudulent and not b..

Category: Criminal Law | Date: | Hits: 63

Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)

....tioner. ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by t......ision No. 5411 of 2003 discharging the rule. 2. The respondent Nos.1 to 216 as plain­tiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, tha..

Category: Property Law | Date: | Hits: 22

Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)

....Ali, Advocate-on-Record—For the Petitioner. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented—The Respondent No. 2-5. Civil Petition for Leave to Appeal No. 1205 of 1999. Judgment        Ma......ed as Chairman of the said Union Parishad who took, oath of office on 3-2-1998. Thereafter on 5-2-1998 respondent No 1 instituted Election Petition No. 3, of 1998 before the Tribunal praying for a declaration that the election held was void on certain grounds and that the petitioner was disquali..

Category: Election Law | Date: | Hits: 112

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....icial mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot pa......irement of Article 65 of the Order has been fulfilled in respect of the said Gharghata Government Primary School Centre and the election result of the entire constituency will be affected with the declaration of the election of that centre as void. Finally by judgment and order dated 19 May, 199..

Category: Election Law | Date: | Hits: 126

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....Court passed in Writ Petition No. 18 of 1977 summarily rejecting the appe­llant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on Nov......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..

Category: Election Law | Date: | Hits: 114

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ingle Judge of the High Court Division in Civil Rule No. 719 of 1975 setting aside the order dated April 14, 1975 of the 1st Court of Munsif, Kushtia in Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of C...... the suit while exercising the power under section 115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorde..

Category: Tenancy Law | Date: | Hits: 142

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....sh;For the Res­pondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Ap­peal No. 171 and 305 of 1977. (From the judgment and order dated J...... of Bangladesh with effect from the morning of the 15th Au­gust, 1975. And whereas I placed, on the morning of the 15th August, 1975 the whole of Bangladesh under Martial Law by a declaration broadcast from all stations of Radio Bangladesh; And whereas, with effect from..

Category: Constitutional Law | Date: | Hits: 307

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

....gle Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for decla­ration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Juni......said school. 4. In this background of the case, the defend­ants filed Other Suit No. 11 of 1993 challenging the order of dissolution dated 13-1-1993 of the said Committee praying for a declaration that the said order of dissolution dated 13-1-1993 was illegal. During the pendency of ..

Category: Civil Law | Date: | Hits: 110

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho......ed being in violative of any law and legal right in the appropriate forum but in the instant case in order to challenged vires only of the same, resort could be had to writ juris­diction for a declaration that the notification as has been passed without any lawful author­ity and of no le..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stat­ing, ......rsing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stat­ing, inte..

Category: Property Law | Date: | Hits: 34

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

....as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer...... 3. The appellant then filed a case before the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since ..

Category: Administrative Law | Date: | Hits: 132

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by t......5-2-2002 passed, by a Single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acre..

Category: Property Law | Date: | Hits: 35

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....as obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants ......next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the..

Category: Employment/Service Law | Date: | Hits: 120

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ook over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the Hi......dra Chandra Saha in re­spect of the suit land and on the strength of that kaba­la started to disturb his possession. He, therefore, filed Title Suit No. 223 of 1977 in the 4th Court of Munsif for a declaration that the appellant's kabala dated 7.5.77 (Ext. la) was false and fraudulent. 4. The a..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

....al is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the......neous Case No. 151 of 1981 under Order 9 rule 13 of the Code of Civil Procedure. 2. Plaintiff-respondent Nos. 1-4 instituted Title Suit No. 589 of 1980 in the Court of Subordinate Judge, Dhaka for declaration of title to the suit land. The suit was decreed ex parte on 1.12.80 The defen­dant-appe..

Category: Procedural Law | Date: | Hits: 116

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

.... in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social  Welfare ...... — for seizing any equipment if he had reason to believe that it may furnish evidence of the commission of an offence under the Act (section 10); - for the formulation and declaration of envi­ronmental guidelines by notification in the Official Gazette for the contr..

Category: Environmental Law | Date: | Hits: 255

Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)

....ik, Advocate-on-Record—For the Appellants. Aminul Haq, Advocates-on-Record For the Respondent No. 2. Altaf Hossain, Advocate instructed by Abdur Rab-II, Advocate-on-Record–for the Respondent No. 3. Not Represented- Respondent No. 1. Civil Appeal No. 31 of 1......ith this provisions, we are to remember the salient provision of  section 39 of the Sea Customs Act. This section has made it an offence, to put it briefly, if any untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section f..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an......eclaring the kabalas (in all 4) executed and registered on May 24, 1984 by Sukhada Sundari and others in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and f..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....volved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by ...... same upon reversing the judgment and decree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit, recovery of possession upon evicting the defend..

Category: Tenancy Law | Date: | Hits: 156