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Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

.... he belongs.” 14. It appears that petitioner being a Primary School teacher has been treated as officer in order to allow him invalid pension and as such the respondent, cannot be allowed now to claim that rule 389 of the BSR Part I is not applicable to the petitioner as he is not an officer wh......1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the said Government primary School. Thereafter he became invalid due to some physica...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70

Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)

....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ...... Md. Muzammel Hossain J Surendra Kumar Sinha J Jamuna Television Ltd. and another…………………………..Petitioners Vs. Bangladesh repre­sented by its Secretary, Ministry of Information, Government of Bangladesh Secretariat, Segunbagicha, Dhaka and others........Respondents ......located by the com­mission since the petitioner-company has acquired a vested right in operating the television channel since it has complied with all requirements of law and invested huge amount of money by way of acting upon the NOC and by employing 3000 employees and having gone on test trans­m..

Category: Information Technology Law | Date: | Hits: 585

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

....aining 0.52 acres of land in the southern portion. The plaintiff taking the opportunity of the said land in the same is plot now trying to grab the defendants 0.52 acres of land. The defendant has no claim against the plaintiff and a survey knowing commissioner is required to be engaged to survey th......ganj, Dhaka in Title Suit No. 186 of 1995. 2. The plaintiff-respondent-petitioners filed Title Suit No.186 of 1995 in the Court of learned Assistant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from disposs......Huda, through registered Saf kabala No.6086 dated 16.11.1991, who executed a Bainapatra to sell the said 0.52 acres of land to the defendant Noor Mohammad, upon executing and accepting Bainapatra and money respectively and handed over the possession of the said 0.52 acres of land to the defendant. L..

Category: Property Law | Date: | Hits: 62

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

.... No.1685 of 1997 filed grievance petition on 5-11-1995 but there being no redress he filed Complaint Case No. 86/95 on 26-11-1995 before the respondent No.1. 5. In these cases the respondent State claimed all benefits of permanent workers from the date of joining after they were appointed. The pe......hould not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for the disposal of the Rule are as fol......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..

Category: Labour and Industrial Law | Date: | Hits: 140

Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....sposal of the suit and passed its order on the reasons that there is no mention of any civil revision in the written statements, and that if the defendants do not produce any relevant document, their claim may not be accepted. Therefore, the said order cannot be termed as a non-speaking one. 8. ...... the legality of order dated 7.7.1999 passed by the Assistant Judge, Shibpur, Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal ......r a direction upon the defendants to produce the documents namely certified copy of a revisional application filed in the High Court Division by the defendants and proof of deposition of compensation money by the requiring authority. The learned Assistant Judge heard the application and rejected the..

Category: Property Law | Date: | Hits: 58

Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)

....s Case No. 9 of 1999 wherein charge was so framed against the accused persons under section 302/201/34 of the Penal Code which was read over to the accused persons wherein they pleaded not guilty and claimed to be tried. 6. The defence case as it transpires from the trend of cross examination of ......by the learned Additional Sessions Judge, Ist Court, Naogaon in Sessions Case No.09 of 1999 convicting the appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 10,000/-, in default to suffer rigorous imprisonment for a period of 1(o......our Md. Azimuddin, son of Md. Abdus Sobhan a sum of Taka 40,000/- for the purchase of his land but the said Azimuddin did not execute and register the sale of the land concerned nor did he return the money on various excuses even after several reminders to him; that on 20.5.97, around 4.30 p.m. the ..

Category: Criminal Law | Date: | Hits: 56

Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....rty Act, 1948 and as such, the purported acquisi­tion is illegal, arbitrarily and tantamount to malice in law and fact. 6. It appears the writ-petitioners pur­chased the land in 1986, which they claim was not acquired by the writ-respondents by L.A. Case No. 66 of 1957-58. It appears from their......mir-ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day o......itioners and their predccessor-in-interest were and are in peaceful possession without any interrup­tion from any quarter. Neither the petition­ers nor their predecessors were paid any compensation money and the C.S. Plot No.164 become without any purpose of the respondents. During the Mohanagar Z..

Category: Property Law | Date: | Hits: 59

Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)

....rced in any court of law. In the premises, we do not find any sub­stance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......min, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the......, who has been made party in the suit as defendant No.1, and said Ahmed Newaz Bhuiyan entered into an agreement for sale of the suit property with the plaintiff on 10.04.1986 fixing the consideration money at Tk.2,00,000/- and in presence of wit­nesses he having received Tk.1,80,000/-executed the a..

Category: Property Law | Date: | Hits: 61

Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....ade the representation on 21st January, 1996 but the Ministry did not pay any heed to his request. 3. The writ respondent No.5 contested the writ petition refuting the allegations made therein and claimed that the lands in ques­tion were acquired under the provisions of the (Emergency) Requisiti......ber 3, 2010. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the Hi......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..

Category: Property Law | Date: | Hits: 58

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....g refused to do so, was constrained to file the aforesaid suit for partition. 3. The defendant No.1, who is the petitioner in this Rule contested the suit by filing a written statement, denied the claim of the plaintiff-opposite party contending, inter alia, that said Abdur Rahman during his life......nd decree dated 10-8-1992 passed by Mrs. Nazma Ara Sultana, District Judge, Brahmanbaria in Title Appeal No.40 of 1989 affirming those of the learned Subordinate Judge, Brahamanbaria passed in a suit for partition being Title Suit No.2 of 1982. The opposite party No. 1 as plaintiff filed the aforesa......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...

Category: Property Law | Date: | Hits: 89

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....plaintiff is that in terms of the said decision, the plaintiffs paid the said consideration money. But Gouranga Chandra Das died and, as such, the sale deed could not be effected. The plaintiffs also claimed that the possession of the suit land was delivered to them. It is also stated that the huts ......of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly, on 8th of Ashin, 1389 BS it was settled t......hey would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the said decision, the plaintiffs paid the said consideration money. But Gouranga Chandra Das died and, as such, the sale deed could not be effected. The plaintif..

Category: Property Law | Date: | Hits: 108

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused petitioner Nos. 2 and 3 are actually not the owners, he demanded for refund of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the ......npur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused petitioner Nos. 2 and 3 are actually not the owners, he demanded for refund of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the order passed under section 202 o..

Category: Criminal Law | Date: | Hits: 67

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....y attracts writ jurisdiction when the Government acts mala fide or arbitrarily or in a discrimina­tory manner in violating the terms of the contract. The learned Counsel finally sub­mitted that the claim of TK.8, 00,000.00 had merit the respondents hastened to encash the guarantee in order to avoi...... Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 20...... the High Court Division should have directed the respondents to submit to adjudication as proposed by the petitioner for settle­ment of their respective claims before tak­ing away the petitioner's money. 6. Admittedly, the petitioner failed to com­plete the work within the stipulated time. He..

Category: Others | Date: | Hits: 118

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

....facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary qualit......customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabrics. The respective writ-petitioners main contention are that they opened letters of credit for import of secondary quality Tyre cord fabrics and as such enhancement of customs duty directing ......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....erse possession is not pleaded by the defendants but their possession having been found adversely to the interest of the plaintiffs and having been in possession by erecting homestead I hold that the claim of the plaintiffs in the land of plot Nos.2201, 2202 and 2266 is barred by adverse possession"......-on-Record-For the Petitioners. Slasti Sarkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the ......- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... leave petition. He further submits that the trial Court and the lower appellate Court on consideration of oral and documentary evidence having found that the plaintiffs have been able to prove their claim of taking settlement of the suit land and payment of rent to the original owner and to the Gov......For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petition­ers......ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....nt No. 3 also informed the peti­tioner that respondent No.4 Senior Assistant Secretary, Ministry of Local Government, Rural Development and co­operative issued a letter dated 22nd September of 2004 claiming the owner­ships of those trees. In spite of meetings between Ministry of Communication and......cted by A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2......epartment. He was asked by the respondent No.3 to deposit the bid amount by different letters issued under different memos on different dates. Thereafter, the petitioner deposited the required sum of money in the above mentioned auction and respondent No.3 issued the work orders as follows:- "Wor..

Category: Others | Date: | Hits: 165

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....was enlisted as enemy property which also created no right and title; that long after the filing of Other Suit No. 86 of 1990, the defendant No.1 Ayesha Khatun with a view to establishing her illegal claim firmly, constructed a thatched hut on the land of schedule No.2 land and dispossessed the plai......uit No. 212 of 1993 in decreeing the suit. 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession af......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..

Category: Property Law | Date: | Hits: 126

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....hasis on the following issues: (a) The credibility of the confessional statement of Mamun who was sick at the time of making the confession. (b) Credibility of the testimony of PWs 2 and 12 who claimed to be eye-witnesses to the criminal conspiracy. (c) Credibility of the fact of alleged re......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or......d and few others. On this occasion there was no meeting. Later on, Mehedi took a loan of Taka 500 from PW 2. So, in the first weeks at October 2005 PW 2 went to that house in the night to collect the money. But he found nobody there. So he waited up to 10-00 PM when Mehedi and his companions being M..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....d Special Tribunal, Sylhet for disposal, Learned Tribunal framed charge against the jail appellant for offence punishable under sections 19(a), 19(0 of the Arms Act to which he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution p......e judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet in Special Tribunal Case No. 212 of 2000 convicting the jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there u......ce to the jail appellant to release him had he helped them in apprehending other accused or that he was not released in breach of their promise, He also denied the defence suggestion that he demanded money from the jail appellant after such arrest or that he was not released since he did not give hi..

Category: Criminal Law | Date: | Hits: 63