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Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....as Senior Administrative Officer at Karachi just before the war of Liberation. He escaped from Pakistan in July, 1972 and reported for duty to Bangladesh Biman and by an order dated 12.10.73 he was absorbed in his service with retrospective effect in Grade No.VII allowing him to continue his service......needs of the People of Bangladesh". Article 2 provided that the PIA Corporation "shall within the territory of Bangladesh be deemed to have been reconstituted into an independent Airlines to be called the Air Bangladesh International (hereinafter referred to as the Airlines)". Article 4 prov......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Bangladesh Biman Corporation………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Appeal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1..Category: Employment/Service Law | Date: | Hits: 123
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
....ana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005 making the rule absolute. 2. The present petitioner, as plaintiff, instituted Title Suit No.35 of 2002 in the cou....../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......has argued that this allegation of fraud needs detailed evidence to be proved and in the circumstances the High Court Division erred in making the rule absolute and thereby affirming the order of the trial court rejecting the plaint of Other Class Suit No.35 of 2002 before taking of any evidence. Th......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Jalal Hossain Mollah............................................Petitioner Vs. Md. Azizur Rahman and others..................................Respondents Order February 19, 2012. Result: ..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
.... was renumbered as Title Suit No.218 of 2003. 4. This petitioner appeared in that suit and filed written statement and the suit was ultimately ready for peremptory hearing and peremptory hearing also started and one witness of plaintiffs also was examined in part. Thereafter, on the plaintiffs'......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ed for further hearing. On that date this petitioner filed an application under Order 17 Rule 1(4) of the Code of Civil Procedure praying for disposal of the suit. But the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J M. A. Razzaque....................................................Petitioner Vs. Syed Maynul Haq and others..................................Respondents Judgment February 2, 2012. Result:..Category: Procedural Law | Date: | Hits: 75
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....re-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, in short, was that they were co-sharers by purchase of the case holding and also holders of land contiguous to the case land. That the opposite party No.3 sold the case land to t......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......e pre-emptee pleaded further that this pre-emption case is barred as per provision of section 6 of Land Reforms Ordinance, 1984. 6. Both the contesting parties adduced several witnesses before the trial court in order to prove their respective cases. 7. The trial court, on consideration of evi...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others.......Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ul Islam Hanif @ Galcuta Hanif.................................petitioner Vs. The State........................Opposite party Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred to- Zillur Rahman alias Zillur Vs. The State, 6 BLC (2001) (HCD) 254; ......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......cial Tribunal No.7, Dhaka who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the othe...... 254; Aslam Jahangir Vs. The State, 5 BLC (2000) (HCD) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....er of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful means; that the people of the locality were afraid of him and nobody dared to speak against him and that some days before also he along with his gang, created reign of terror at Magurkhali Bazar which was ......,000/- as chanda by making threat upon life of the informant, that the informant requested him to spare the informant, but all went in vein. Subsequently, on 19.04.2004 at about 5.35 p.m. the accused called the informant in front of the Shahid Minar of K.S. High School and then the informant himself......hing was fixed without spelling out the consequence of not doing that thing within that time. Applying the same test, while resolving the question as to whether the time limit fixed for conclusion of trial, the apex Court held that, "as there is no consequence provided, in the event of failure to co......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....ion (Criminal Appellate Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Mofazzal Hossain Chowdhury Maya, former M.P., Chandpur-2, Ex-State Minister for Shipping, son of late Ali Ahmed Miah of 50/B, Bhojohari Shaha Street, Police Station-Sutrapur, District-Dhaka.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......e convict. Process was issued under sections 88 and 89 of the Code of Criminal Procedure. The convict failed to appear and the case was taken up for in-absentia hearing. Then the case was sent to the trial Court1 for trial. During trial charge was framed against convict-appellant under sections 26(2......il bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....manent injunction against the defendant restraining him not to transfer the suit property to anybody except the plaintiff and thereby issue a direction to the defendant to execute the Deed of Sale as soon as the possession is obtained from the government. 3. The plaintiff's case in short was that......t to execute the Deed of Sale as soon as the possession is obtained from the government. 3. The plaintiff's case in short was that the property described in the schedule to the plaint, hereinafter called the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Tr...... contested the application filing a written objection denying the allegations made in the application for rejection of the plaint and prayed for rejection of the application. The learned Judge of the trial Court hearing the parties by his order dated 27.11.2004 rejected the application of the defend......o Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....year in her favour. But during the S.A operation she could not get the suit land recorded in her name which has been erroneously recorded in the name of the Government (defendant No.1). It has been also alleged that she filed a Miscellaneous Case under section 50 of the State Acquisition and Tenancy......ner and thereby advance any arguments.
9. On the other hand, Dr. Md. Bashir Ullah, the learned Assistant Attorney General appearing on behalf of the Government strenuously argued that since the so-called Amalnama and Dakhilas are forged, fabricated and tainted with fraud and since the plaintiff-p......ver, let me proceed to examine the materials on record and see there from as to how far the plaintiff-petitioner is entitled to get relief from this revisional ad-judicature.
11. On perusal of the trial Court's record, it reveals that the learned Assistant Judge dismissed the suit ex-parte in abs......130.
..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....n No.69 of Plot 99 an area of 18 decimals of land was owned by Mohesh Chandra Kuri by way of purchase and he constructed homestead on Plot No.101 and used to reside therein Mohesh Chandra Kuri had no son. He left behind wife, Onnada Sundari and two daughters Plaintiff No.1 and 2, Plaintiff No.3, gra...... a salish was held on 25.06.1994. In that Salish defendant produced the said Dan Patra deed in the name of his father and the plaintiffs for the first time, in this way, came to know regarding the so-called Dan Patra deed and managed to get its certified copy on 13.07.1994 and became sure about it w......umar Kuri defendant inherited the property and possessed the land concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learned trial Court on consideration of the evidence and materials on record by his Judgment and decree date......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
.....4.2008 passed by the Judge, Special Tribunal No.1, Noakhali in Special Tribunal Case No.14 of 2008 arising out of Hatia Police Station Case No.8 dated 14.11.2007 corresponding to G.R. No.66 of 2007, so far it relates to rejection of the appellants’ application for discharge filed under section 26......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 against the appellants under section 25C of the Special Powers Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Noakhali, wherein it was numbered as Special Tribunal ....... - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
.... Additional Sessions Judge, Second Court, Brahmanbaria in Session Case No.26 of 1994 convicting the appellant under section 315 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka one thousand in default to suffer rigorous imprisonment ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ...... after investigation submitted charge sheet on 18.7.1994 against three accused including the appellant under sections 448, 497, 313, 318, 346 and 109 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Brahmanbaria and was registered as Session Case No.26 of 1994......rney General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Sess..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....y the Special Tribunal No.9, Comilla in Special Tribunal Case No.129 of 1995 convicting the appellant under sections 19 (a) of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 1,000/= in default to suffer rigorous imprisonment for a......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......Case No.22 dated 15.2.1995. The police, after investigation submitted a charge sheet on 14.5.1995 against the sole appellant under section 19 (a) of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Comilla, wherein it was numbered as Special Tribunal C......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
.... suit was not maintainable. 4. The plaintiffs contested the said application for rejection of the plaint by filing written objection contending that the subject matter, parties and the relief sought for in the said Title Suit No.156 of 1966 and those of the present suit were not same; that t......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......smissed by the judgment and order dated 15.09.1970 against which Title Appeal No.38 of 1971 was filed and the Subordinate Judge, 2nd Court, Sylhet disposed of that appeal (sending back the suit for retrial and against that judgment of the 1st appellate court Second Appeal No.18 of 1973 was filed bef......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....endra Chandra Gope died unmarried and consequently his two brothers Vagaban Chandra Gope and Rajendra Chandra Gope became the owners of the scheduled land in equal share. That Rajendra Chandra Gope sold 1.75 acres of land from C.S. Plot No.605 to Ganesh Chandra and Purna Chandra by registered kaba......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......s collusive and fraudulent and as such void. That Nuruddin Bhuiyan sold out that 2.141/2 acres of land to A. Kadir by a saf-kabala and there was no agreement for re-conveyance of that land. 8. The trial court by his judgment and decree dated 31.10.2002 decreed the suit for partition allotting a s...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No..Category: Property Law | Date: | Hits: 72
....ion of the High Court Division does not disclose any evidence of forgery; rather there is an admission that the lease of the petitioner was concluded for the years 1416 to 1420 BS by a responsible person in the office of the Deputy Commissioner and as such the claim that the lease was only for 1416 ...... of possession. The petitioner having successfully completed his lease period applied on 19.06.2006 for granting a lease for a further period of 5 years within the development scheme. The authority called for a report on his application and after inquiry the Upozila Jalmahal Bachai Committee recom......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
March 30, 2011...
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
........Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Kh......99 (preliminary decree signed on 31.10.1999 and final decree drawn up on 5.9.2000) passed in Title Suit No.54 of 1998 by the Additional Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and a......ed 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. 6. Being aggrieved by the aforesaid order the defendant-Arab Bangladesh......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....2003 passed by the learned Assistant Judge, Kalkini, Madaripur in Title Suit No.85 of 2000 dismissing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for pa......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250....... leaving behind one son, two daughters and widow Sonaban Bibi as his heirs. The plaintiffs have no right, title and interest in the suit land. Therefore, the suit is liable to be dismissed. 4. The trial Court by its judgment and order dated 24.08.2003 dismissed the suit. 5. Against the judgmen...... (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Inman Ali J Md. Shamsul Huda J Abdul Hakim Sarder and others.................................Petitioners Vs. Ahidul Sarder and others.............Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....f his death Sheikh Sharif Ahmed had money deposited in several bank accounts described in schedule-'Ka', 'Kha' and 'Ga' to that application. That Sheikh Sharif Ahmed had money in the provident fund also and he was also entitled to get gratuity, leave benefit, honorarium etc. as service benefits whic......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......holder were not entitled to any portion of the provident fund and other service benefits of the deceased. 5. Both the parties adduced some witnesses in order to prove their respective cases. The trial court, on consideration of evidence and facts and circumstances, opined that since the decea......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others..Category: Civil Law | Date: | Hits: 154
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....gladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Ala...... detention and his petition and thereafter he submits that the grounds of detention as in Annexure‑'E' served on the detenue are all false, baseless, vague and uncertain and indefinite, that the so called grounds are merely conclusion of the detaining authorities expressed as grounds in order to a......a position to recall Mr. Pirker when required by them, If Mr. Pirker was a German citizen he perhaps, would not have been detained under this cause of suspicion. Mr. Stefan Pirker was released on the trial day. To our knowledge there are no original procedures pending against Mr. Pirker. There are a......man J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The..Category: Criminal Law | Date: | Hits: 200
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