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Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

.... others................................................Respondents Judgment January 16, 2012. Result: Portion of earlier judgment is expunged. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (Md. Faruque Ahammed, Advocate with him) instructed by N. I. Bhuiyan, Advocate-on-Re...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

.............Respondents (In Civil Petition No. 2513 of 2009) Order February 9, 2012. Result: Leave is granted in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advocate instructed by Mohammad Ali, Advocate-on-Record—For the Petitioners (In all the cas......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

....msuddin Sheikh........................................................................Respondent Order February 24, 2011. Result: Leave is granted. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record—For the petitioners. Md. ...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368...

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....e is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) 2348; AIR 1982 (SC) 917. Lawyers Involved: M. Amir-ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioners. Aminu......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......No.3 making policy for promotion to the post of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that the writ petitioner joined in Bangladesh Bank as Statistical Officer on 14.02.1979 in the Specialized Department and subsequently he was transferred to the Gener..

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

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......idullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. ..

Category: Property Law | Date: | Hits: 87

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

....he same. 2. Facts relevant for disposal of the Rule, in short, are that opposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 in the Court of Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 74

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....d Vs. Mushafi Ahmed DLR SC 131. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent. Civil Ap......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......Kumar, (1992) 5 SLR 855 (SC); Principal, Institute of Postgraduate Medical Education & Research, Pondicherry Vs. S. Andel, 1995 Supp (4) SCC 609; Oswal Pressure Die Casting Industry Vs. Presiding Officer, (1998) 3 SCC 225; 1998 SCC (L&S) 862], Haryana Vs. Jagdish Chander {(1995) 2 SCC 567; 1..

Category: Employment/Service Law | Date: | Hits: 155

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....udge (now Joint District Judge), Second Court, Munshiganj in Title Appeal No.119 of 1994 allowing the same and remanding the suit for trial afresh on setting aside those dated 31.8.1994 passed by the Senior Assistant Judge, Munshiganj in Title Suit No.40 of 1991. 2. Plaintiff’s case, in brief, ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

.... Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 DLR 475; Md. Shukura Vs. Ram Chandra Kapali, 6 DLR, 393. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court (Mahbubey Alam, Advocate, Supreme Court, with him), instructed by Sye......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......yat in preparing or revising the record of rights." 12. Sub-section (1) of section 24 of the Act reads as under:— "In preparing or revising a record-of-rights under this Chapter, the Revenue Officer shall, subject to the provisions of sub-sections (2), (3), and (4), presume the rent, payabl..

Category: Property Law | Date: | Hits: 85

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

....y of judgment and order dated 25.3.2003 passed by the Additional District Judge, Sherpur in Miscellaneous Appeal No.33 of 2002 dismissing the same on affirmation of order dated 1.9.2002 passed by the Senior Assistant Judge, Sadar, Sherpur in Other Suit No. 176 of 2002. The Assistant Judge, by the sa...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 84

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....e case police submitted charge sheet against the accused appellant under section 19 (a) and (f) of the Arms Act. The case record was then transferred to the Court of Sessions for trial. 4. Learned Senior Special Tribunal, Chuadanga on receipt of the case record registered and renumbered the same ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......nd bullets as well as the credibility of their testimonies, therefore, prosecution case is highly doubtful and testimonies of the prosecution witnesses are unworthy of credit. Moreover, Investigating Officer, in reply to a question of defence in cross examination admitted that in the sketch map and ..

Category: Criminal Law | Date: | Hits: 95

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

....the impugned judgment and order dated 9-4-2007 passed by the learned Additional District Judge, 1st Court, Satkhira in Civil Revision No. 23/2005 reversing those dated 10-3-2005 passed by the learned Senior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record...... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......Sylhet praying for cancellation of the aforesaid notice but to no effect. It was further contended that as far back as in the year 1972 the matter was taken up for investigation by the Sub-Divisional Officer, who after due enquiry into the matter found that the suit property is not a vested property..

Category: Property Law | Date: | Hits: 88

Abul Kashem Vs. State, 1997, 26 CLC (HCD)

....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......ed from that place. Seizure list was prepared on 7-1-90. Police then submitted charge sheet against the appellant. 3. Three witnesses were examined in this case. P.W.1 Rafiq Ahmed Chowdhury is the Officer –in-charge of the local Police Station. He led the police party to the place along with th..

Category: Criminal Law | Date: | Hits: 94

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......spondent No.1 defaulted repayment of loan taken from the House Building Finance Corporation and his nomination paper should not be accepted. That was turned down by the respondent No.2, the Returning Officer (Thana Education Officer). Against that a representation was made by the petitioner on the s..

Category: Election Law | Date: | Hits: 153

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......r on the question of addition of party under rule 10(2) of Order 1 of the Code is a judicial discretion which has to be exercised keeping in view of the fact and circumstances of each and every case. Judicial discretion means a discretion which is informed by tradition, methodised by analogy and dis...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......roof) in the Court room. It is further observed that one of the accused persons namely, Mokshed Ali, was absconding and the trial was at a stage when out of 15 PWs only one witness, the Investigation Officer, was left to be examined. 6. Mr. MA Aziz, the learned Advocate, appearing for the petitio..

Category: Procedural Law | Date: | Hits: 80