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Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....ence, the suit for declaration that the transfer deed dated 10-10-84 is not binding upon the plaintiffs.  3. The suit was contested by defendant Nos.1 and 2 by filing separate written statements. According to the defendants Patani Sundari Dassaya had life interest in the suit land a......d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Property Law | Date: | Hits: 61

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

....reated by the order of stay in discharging bulk wheat from the outturn vessels to the Silo. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the writ petitioner, draws our attention to the statements made in the leave petition namely, that the allegations of complications in the delivery ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..

Category: Others | Date: | Hits: 113

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....e body of the deceased Hyder Ali were caused by sharp cutting heavy weapons. The wound found on the body of deceased Hyder Ali tallies with the weapon carried by appellant Altaf and apart from the statements of PWs 1-3, the evidence of PW 6 Md. Rowshan Ali provides the necessary corroborative ev......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......e tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant under the respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist th..

Category: Property Law | Date: | Hits: 69

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....d into Bangladesh. They were handed over to the police after lodging an First Information Report with the Cantonment Police Station.  5. The three accused-appellants made confessional statements before a Magistrate. While the two foreigner-appellants never retracted from their confe......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....e Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 ch......in refusing to set aside the ex-parte decree.  The petition is dismissed.  Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..

Category: Property Law | Date: | Hits: 74

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....r the 14th Bohmong Chief. 6. Respondent No. 3, Divisional Commissioner, Chittagong Division (respondent No, 3 in this appeal as well) also filed a separate affidavit-in-opposition reiterating the statements made in the affidavit-in-opposition of respondent No. 2 in this appeal. It was further st......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......es leveled against him were fully established. The first charge established against respondent No. 1 is that he occupied a Government residence since 15 July 1984 till 19 June 1986 without paying any rents therefore by suppressing facts. The second charge established against him is that he had separ..

Category: Administrative Law | Date: | Hits: 145

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

.... 2 contested the Rule by filing an affidavit-in-opposition. By the impugned judgment the Rule was discharged.  3. High Court Division after considering the amendment with reference to the statements made in the election petition held that amendment in paragraph 8 of the election petition...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

....and the High Court Division committed an error of law in not dismissing the said Misc. case.  5. On the other hand Mr. T.H. Khan, learned Advocate appearing for the Respondents, referred to the statements made in para. 7 of their Counter-Affidavit filed before the High Court Division, (from th...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....t the accused-petitioners beyond all reasonable doubt.  9. The learned Advocate-on-Record further argued that the High Court Division as well as the trial court based their judg­ment on the statements made under section 164 Cr. P.C by P.W. 13 Abdul Bari, P.W. 12 Amir Miah and P.W. 9 Abdur ......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ..

Category: Criminal Law | Date: | Hits: 121

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......ment of the suit land in favour of Mojibur Rahman. In pursuance of the set­tlement Mojibur Rahman executed three kabuliyats in favour of the plaintiffs who granted rent receipts on realization of rents. The  S. A record of right was prepared in the names of the defendants who are in posses&..

Category: Property Law | Date: | Hits: 57

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e aforesaid findings of the Prescribed Authority was brought on record by amendment of the plaint on 21.2.84.  3. The suit was contested by defendant Nos. 1 and 3 by filing two separate written statements. Defendant No. 1 contested the suit by filing a written statement on 23.7.81 and addition......of the Executive Committee of the said school by a Memo, dated 6.6.79, the Ministry of Works allotted the said property to the school and by virtue of the said allotment the defendant had been paying rents to the Government; that the appellant had no locus standi to institute the suit as the suit pr..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

....nd for partition of 'Ka' schedule land the plaintiffs instituted the present suit.  5. Defendant Nos. 2-14 and defendants No. 47 to 49 contested the suit by filing sep­arate written statements. Defendants No. 2 to 14 stated in short, that the lands of khatian No. 92 to 99 measuring......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......ed of sale dated 13.2.1975 out of said Plot No.408. Municipal holding was created in the name of Iman Ali. On the death of Iman Ali defendants have been in possession of RS Plot No. 408 by payment of rents, rates and taxes in separate holding. Similarly the plaintiffs are in possession of RS Plot No..

Category: Property Law | Date: | Hits: 66

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....irection to the writ Respondents to pay the LPR benefits, prov­ident fund/ gratuity and family insurance to the writ-petitioner.   3. The writ petition was filed upon mak­ing statements that the writ-petitioner graduated in Civil Engineering from the Bangladesh University of......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

....rab Ali and others reported in 7 MLR (AD) 4.  15. Admittedly the suit in the reported decision arose out of the judgment and decree of the Courts below wherein the defendant filed written statements and led evidence and that the issue before the Court in the suit was as to the maintain&s...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ..

Category: Employment/Service Law | Date: | Hits: 211

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......landlord, respondent  No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and also for payment of compensa­tion on the ground of default in the pay­ment of rent..

Category: Property Law | Date: | Hits: 54

Mayor, Chittagong City Corporation, Chittagong & others Vs. Md. Jahangir Faruk & others, 2006, 35 CLC (AD)

....smissal but the City Corporation did not pay any heed to the request so made. 4. The Secretary of the City Corporation entered appearance and filed an affidavit-in-opposition denying the material statements made in the writ petition and stating, inter alia, that as per clause 'Kha' of the letter...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:..

Category: Employment/Service Law | Date: | Hits: 96