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Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....l for the petitioners and Mr. Farooq Ahmed, the learned Counsel for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is not disputed that the respondent was first appointed on 31.12.1976 as the District Population Officer u......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ..

Category: Administrative Law | Date: | Hits: 111

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

....ned Counsel for the petitioner and Mr. S.M. Zillul Huq, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the plaintiff was appointed as Managing Director of the Defendant Company for a perio......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 82

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....on erred in holding  that  the   suit  of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the  disputed  land is a reserved forest as per notification dated 15.12.1953 and 13.4.1955 and as such ......e defendant the land was not recorded during the R.S. operation in his name, that although at one stage of the R.S. operation the land was recorded in the name of the defendant and a copy of the T.P. khatian was given to him but finally the land was not recorded in the name of the defendant, rather ..

Category: Property Law | Date: | Hits: 38

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... has not been filed in the Court, that defendants predecessor filed suit seeking correction of the SA record but the same was dismissed and upon suppression of the said fact the defendants got the khatian prepared in the name  of the plaintiff cancelled and that the order of the Revenue Off..

Category: Property Law | Date: | Hits: 36

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....due to delay in taking over the concerns, he would agree to take over the units immediately including possession of property at Paribagh "subject to your assurance that the claim for the above disputed land is settled by the company or by any appropriate authority at an early date". Th...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....he effective Stale administration under the Constitution." But such power cannot override the Constitutional scheme. 104. That the Indian High Courts have their territorial jurisdictions cannot be disputed. Therefore, the writ issued by the Court cannot run beyond the territories. The authority m......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)

....he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..

Category: Procedural Law | Date: | Hits: 110

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....980 and it is further mentioned that the loan for multi-storied house as per scheme had been consequently raised to 7-1/2% (3% below the present bank rate). That the Government has this power was not disputed. Once this position is accepted, the con­troversy as to the rate of interest by the borrow......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....area to which the suit land appertains before the same had re-appeared in 1374 B.S. = 1967. This is not a point on which the plaintiff can hang, on for long. It ap­pears from the paper book that the disputed Khatians Ext. 4 and-4(a) - R.S. and S.A. Khatian No.l of Mouja Aicha - relate to P.S. Mulad......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..

Category: Property Law | Date: | Hits: 42

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....way as to debar him from promotion. 8. As to the first two points the submissions made by the learned counsel for the appellant appear to be rather tentative in nature than of substance. Ii is not disputed that the D.I.T. have its own service rules and no rule therein provides for a qualifying se......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

.................. Respondent Judgment November 8, 1987. Result: The appeal is al­lowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-su......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

.... in an Allahabad case in Mangla Prasad Vs. District Magis­trate A.I.R. 1971 All 77(FB) where it was observed that the meaning of the word "total number of mem­bers" is quite plain. It can hardly be disputed that the words "total" and "whole" are synonymous. The dic­tionary meaning of the word "wh......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....Division without consider­ing the, genuineness of the said document and this has led to a miscarriage of justice. He also submitted that it was absolutely necessary to make an order of remand if the disputed kabala was to be considered as evidence in the case giving the parties an opportu­nity for......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..

Category: Property Law | Date: | Hits: 75

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

....ed in appeal by the Additional District Judge by judgment dated 31 January 1981 with an additional finding that Aidhar Sk. had no daughter named Unar Ma, but 'Unar Ma' the ostensible executant of the disputed kabalas, was a fictitious person invented by defendant No. 1 who could not bring any witnes...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....ecause customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyme......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....ding the result of the election controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalledâ€......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....dicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into ......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

.... defaulted in repaying the loan taken by him from any specified Bank within the time allowed by the Bank thereon." Explanation to the enactment gives the list of the specified Banks. It is not disputed that two Banks referred to above are specified Banks. 4. Mr. Khandker Mahbubuddin Ahmed ......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..

Category: Property Law | Date: | Hits: 46