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Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ed the application for restoration and thereupon to dispose of the appeal on merit. 5. The practice and procedure follows by the Tribunal, whose functions are of judicial or quasi judicial nature, would not be or cannot be considered illegal or contrary to norms of justice unless the pra..Category: Administrative Law | Date: | Hits: 95
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......id case and in the case of Md. Naseem Ahmed Vs. Azra Feroze Bakthe, PLD 1968 (SC) 97 = 20 DLR (SC) 78, it was held that administrative instruction which have the precision of rules and are general in nature in their application to any particular service or services may have the force of law. These d..Category: Administrative Law | Date: | Hits: 136
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......g purchase of 0.825 and 1650 acres of land and in the aforesaid circumstances S.D.O Dhaka Sadar called for a report from the C.O. (Rev) Tajgaon about the nationality of Jogesh and Mrinalini and the nature of the land and it was reported that Jogesh and Mrinalini were not Bangladesh National at the..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......legality. 11. It is needless to mention here that the power of appellate court can be exercised by the revisional court in appropriate cases and in our view, the present case is' one of such nature. In this connection it is to be noted that if the matter was sent back on remand to the app..Category: Property Law | Date: | Hits: 106
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......sion in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making construction of any house in the land in suit and not to change the nature and character of the property in suit. 2. The civil Revision has been filed against ..Category: Property Law | Date: | Hits: 20
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......s also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......ngle P.Ws. and D.Ws. regarding adverse possession made the Rule absolute to the serious prejudice of the petitioner occasioning a total failure of justice; that in view of the pleadings of parties; nature and character of the present partition suit, evidence both oral and documentary and finding..Category: Property Law | Date: | Hits: 41
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......his Case is also Reported in: 60 DLR (AD) (2008) 185. ......ivision had no speedy mode and manner of trial terminating in conviction, sentence or Judgment or acquittal as the case may be and that in the purview of speedy tribunal's jurisdiction only specified nature of grave cases viz murder, rape, firearms, narcotics are triable and that, in such purview of..Category: Criminal Law | Date: | Hits: 59
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......rit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......red illegal without striking down the regulation. 37. Mr. Fida M Kamal learned Senior Counsel, upon adopting arguments of learned Counsel in Appeal Nos. 158-184 of 2006 has argued further on the nature of judicial review of this Court and referred to Halsbury's Laws of England Vol.1(1): Admin..Category: Employment/Service Law | Date: | Hits: 105
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ...... High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......eapons. 10. On extensive dissection of tissues in and around the injures were found congested and extravestated blood and blood clot resisted washing. 11. All the injuries were ante mortem in nature. One abrasion with continuous ligature mark was present in the middle aspect of the back..Category: Criminal Law | Date: | Hits: 26
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......pon detailed discussions of the evidence of the parties concurrently held that the deed of gift was a fraudulent one. It is seen from the evidence on record that the defendant No.1 obtained the signature of the donors on misrepresentation, in that the donee represented to the donors that their s..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......o the ADC (Revenue) had no authority to cancel the said corrected records by a mere Administrative Order dated 15-1-1987 without taking any steps for setting aside the aforesaid decrees; the issue, nature, cause of action and the parties in the three suits as stated above and the present suit i.e..Category: Property Law | Date: | Hits: 28
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......ore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......in his evidence narrated the injuries found in the person of the dead body and opined that the death of Monowara was due to asphyxia as a result of throttling which was ante-mortem and homicidal in nature. 16. The defence plea of commission of suicide by the victim has been belied by af..Category: Criminal Law | Date: | Hits: 99
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......he petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ...... the original petitioner No.1 as Mutwalli; the respondents filed written objection in the above miscellaneous case stating, inter alia, that all the dags as mentioned in the schedule by their very nature constituted a waqf; during pendency of the above miscellaneous case the petitioners on 31-8-..Category: Trust/Waqf Law | Date: | Hits: 199
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......ons of the Republic and in the case of the respondent No.1 of Civil Appeal No.196 of 2000 the High Court Division also held that his job description does not show that his job is of supervisory in nature and the writ petitioners also do not come within the definition of "public servant..Category: Employment/Service Law | Date: | Hits: 90
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......the provision of Section 24 of the Non-Agricultural Tenancy act and thus was in serious error in holding the period of limitation would be the matter for consideration after the decision as to the nature of the document by which transfer has been made, that the trial Court held that the Miscella..Category: Property Law | Date: | Hits: 20
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......ad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Res...... his application on certain terms and conditions on his executing a kabuliyat but the plaintiffs have violated condition No. 3 of the kabuliyat by digging a pond in the suit land changing the nature and value of the same without any permission from the collector's office and the Govern..Category: Property Law | Date: | Hits: 25
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......espondent as to discovery of the materials only after disposal of the appeal is being negatived by the definite averments about the said materials in the written statement. Because of the nature and kind of the statements made about the materials on the basis whereof review has been sou..Category: Property Law | Date: | Hits: 34
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ...... Ed. This Case is also Reported in: V ADC (2008) 234. ......r of Waqf (B.C. No. 19284), a fact subsequent to the filing of the suit and inclusion of few words which are in the deeds but not mentioned in the plaint and this amendment will neither change the nature and character of the plaint/suit nor give rise to any new cause of action. As such the learn..Category: Property Law | Date: | Hits: 35
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......ly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......hat the rent suit was not a genuine one and that the same was filed only to deprive the genuine claimant of the land and that there was no genuine auction sale of the land, that because of the nature of the transaction the vendee was required to make over possession after the expiry of the p..Category: Property Law | Date: | Hits: 37
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ...... is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......ssing the plaintiff from the land in suit till disposal of the suit. 2. The defendants filed a petition seeking injunction against the plaintiffs for restraining them from changing the nature and character of the land in suit by dispossessing the defendants and also for restraining t..Category: Property Law | Date: | Hits: 29
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