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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......the office of the President of Bangladesh is an office of profit in the service of Bangladesh. He submits that right from the President down to a peon of a Government office, everybody is holding his post in the service of the Republic and all of them are getting remunerations and other benefits fro...... Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Rahman Vs. Ban..

Category: Constitutional Law | Date: | Hits: 200

Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

..... In the pre-emption petition, pre-emp­tor further alleged that she is not only a co-sharer by inheritance but also by purchase, as she purchased some land from Sayedunnessa and Obaidul Hoque by two registered deeds both dated 06.02.1991. Opposite-parties Nos.14 to 25 are co-shar­ers by purchase. ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......he trial Court and reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ..

Category: Property Law | Date: | Hits: 58

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....Md. Asgor and Md. Sabdar who are sons of Chulai's prede­ceased wife Rabaya sold out their entire 7 anas shares in the said 2.07 acres of land which came to 90 decimals to one Alim Uddin and Akbar by registered Kabala dated 13.12.1972. The said Alim Uddin and Akbar subsequently sold out that 90 deci......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ...... permitted to prepare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..

Category: Property Law | Date: | Hits: 76

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

....him to accept TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute and register the sale deed as per terms of the agreement. Defendant No.1 by giving a reply to the said legal notice under registered post stat­ed that he did not enter into any agreement to sell 2.44 acres of land but he ......pt TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute and register the sale deed as per terms of the agreement. Defendant No.1 by giving a reply to the said legal notice under registered post stat­ed that he did not enter into any agreement to sell 2.44 acres of land but he entered int......iven by the High Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..

Category: Property Law | Date: | Hits: 72

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....tute or statutory rule which the failed to show. In the instant case, the learned Advocate submits, the petitioner nos. 2-4 have been allotted different plots situated in road no. 35 and 46 with duly registered lease deed with the facilities to use the said roads which are available in front of thei......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......¦.........................Respondents. Judgment November 15, 2007. Result: The Rule is discharged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advocate and others vs. Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs..

Category: Property Law | Date: | Hits: 135

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....al Area Branch, Dhaka as plaintiff filed the Suit No. 381/86 in the court of Subordinate Judge and Commercial Court No.1 Dhaka against Rupali Jute Baling Limited, a private Limited Company having its registered office at 67, Motijheel Commercial Area, Dhaka and six others for foreclosure of the suit......covered by Order 47 of the Code of Civil Procedure and should have been taken in an appeal. In spite of that fact the petitioner moved this court and it was probably trying to have a cheap remedy and postponed the filing of the appeal till the application for review was rejected. The proceeding in t......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...

Category: Procedural Law | Date: | Hits: 111

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....ite party Nos.1 and 2 are two sons of Kohinoor, daughter of said late Mir Abdul Jalil; late Mir Abdul Jalil transferred the land to opposite party Nos.1 and 2 (two sons of his daughter Kohinoor) by a registered Hiba-bil-Ewaz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..

Category: Property Law | Date: | Hits: 75

Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......nder the Ministry of Law and Justice. The Petitioner was subsequently transferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of Bangladesh Civil ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..

Category: Property Law | Date: | Hits: 75

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......Information Report on the verbal statement of the informant. The police took up the investigation of the case, held inquest on the dead body of the deceased Akram Ali, sent the same to the morgue for post‑mortem examination, visited the place of occurrence, seized the alamats as per seizure‑list......bruary 12, 1991. Result: The appeal is dismissed with modification of sentence. Cases Referred to- 21 DLR 575; 1968 Pak. SCMR 993; PLD 1976 Kar. 438; 40 DLR 443; PLD 1968 Lah. 49; 38 DLR (AD) 311; 5 DLR (FC) 107; 6 DLR (FC) 28 & 28 DLR 192. Lawyers Involved: AKM Faiz with Salma..

Category: Criminal Law | Date: | Hits: 73

Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)

....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......০৭/১৭৩৩ dated 31.03.2007. The writ petitioner-respondent No.1 joined the service of Palli Biddyutayon Board as a Line Nirman Inspector in the year 1984 and was grad­ually promoted to the post of Member Service Co-ordinator in Tangail Palli Biddyut Samity-2. On 25.03.2007 this writ petit...... in the departmental proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..

Category: Employment/Service Law | Date: | Hits: 53

Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....ent sheet credit facilities, promissory note, letter of disbursement, letter of guarantee, demand cash credit and hypothecation goods against the loan. The said predecessors of the respon­dents also registered a mortgage deed in favour of the plaintiff bank on 25.10.83 and submitted the partnership......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......rrent findings of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...

Category: Civil Law | Date: | Hits: 55

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....ested Sarif Lokman Ahmed to exe­cute and register the kabala deed on tak­ing Tk. 40,000/- (forty thousand) only Sarif Lokman Ahmed did not agree and the kabala deed, as such, was not exe­cuted and registered. That at that point of time Sarif Lokman Ahmed met with an accident and being seriously i......book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ration of paper book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..

Category: Property Law | Date: | Hits: 51

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...

Category: Criminal Law | Date: | Hits: 85

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... brothers. While in ownership and possession of the suit land, Dinesh gifted the land to his three sons who are the defendants in the suit and the deed of gift was accordingly executed on 28.2.78 and registered on 4.3.78 in favour of the defendants. The gift deed contains a recital to the effect tha...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..

Category: Civil Law | Date: | Hits: 76

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....volved on his heirs namely Sakuntala Bashak (widow), Shantash Chandra Bashak (son) and Kani Lal Bashak (son). The heirs of Dhum Chand Bhasak sold the aforesaid building to one Hari Ballab Bashak by a registered sale‑deed No.1740 dated 18.4.1945. Original sale deed is annexed and marked as Annexure......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...............Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Case Referred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocate..

Category: Property Law | Date: | Hits: 64

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195....... Petitioner was appointed by Respondent No.3 as Pesh Imam on 4.7.68 on a temporary basis at Sweden Bangladesh Polytechnic Institute at Kaptai, Chittagong Hill Tracts and he was made permanent in that post on 8.12.80 in the scale of Tk. 225.00 to Tk. 325.00. Later on the said scale was changed and en......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......which was amended by Ordinance No. XXXIII of 1983 and for first time the Thana Parishad was named as Upazila Parishad and for the first time the Chairman of the Upazila Parishad was made an elected post. There was also provision that till such time as the Chairman elected under the Ordinance ent......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..

Category: Constitutional Law | Date: | Hits: 461

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....sation money of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled. Then on 27.04.1979 Zayor Bibi sold out 30 decimals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then ......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......l petition for leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ...... with a medical certificate. Later, the Governing Body of the college had taken a decision on 21.03.2006 to publish an advertisement in a daily newspaper inviting applications from candidates for the post of the Principal. The Principal-in-Charge of the college was directed to take necessary steps a......ivision are based on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ..

Category: Employment/Service Law | Date: | Hits: 108

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

....aintiff and the plaintiff took the signa­tures of this defendant on some blank car­tridge papers for filing written objection in that pre-emption case; that on 13.10.1998 the plaintiff executed and registered a sub-kabala deed in favour of the defendant and on that very day the plaintiff along wit....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......h Court Division. This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..

Category: Property Law | Date: | Hits: 74