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State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....ing to GR. No. 69 of 1996 was stated. 5. Police took up investigation, visited the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding post­mortem examination, prepared sketch map with separate index of the place of occurr......al Sessions Judge on transfer, who framed charge against the accused-petitioner and others on dock under Sections 302/149 of the Penal Code on the basis of materials available on record and read it over to them on dock to which they pleaded not guilty and demanded trial. 7. After close of ..

Category: Criminal Law | Date: | Hits: 38

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ......petitioner along with h is co-sharer become the owner of the same and while they were in possession of the same, the defendant respondent Nos.1 and 2, with some musclemen on 15.2.2005 tried to take over possession of the above land by force which was resisted then and on 16.2.2005 the petitioner..

Category: Property Law | Date: | Hits: 18

Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....ounsel of the petitioner, perused the impugned judg­ment and order of the High Court Division and other connected papers. 4. As it appears the High Court Division made the Rule absolute holding that after the suit was fixed for preemptory hearing the defendant petitioner filed an addi......re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ..

Category: Civil Law | Date: | Hits: 106

Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

.... learned counsel of the petitioner, and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the trial Court decreed the suit holding that the plaintiff claimed his title on the basis of deed of settlement dated 28.5.1948&nbs......he suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments that .21 ..

Category: Property Law | Date: | Hits: 25

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....tin J.- This petition for leave to appeal is directed against the judgment and order dated 28.11.2005 passed by the High Court Division in Civil Revision No.6562 of 2001 discharging the Rule and upholding the judgment and order dated 09.09.2001 passed by the learned Subordinate Judge, Patiya, Ch......lso delivered to him. He, being the absolute owner of the said land contiguous southern plot No.12754, mutated his name and by paying regular rent he has been exercising right, title and possession over the same land. By devel­oping the said land he built his residential house therein. The ca..

Category: Property Law | Date: | Hits: 25

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....alive on 24.10.1985 sold his expected share in favour of Surat Afzal Begum. Moniruzzaman purchased before hand the entire share of Nonibala on 24.12.1980. So, the pre-emptor became co-sharer in the holding. That pre-emptee Nos.1-2 on 07.02.1987 disclosed his pur­chase. The pre-emptor than ob......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..

Category: Property Law | Date: | Hits: 28

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....ard the learned counsel and perused the impugned judgment and order of the High Court Division and other con­nected papers. 6. As it appears the High Court Division discharged the Rules holding that admittedly, the disputed shops were let out to the petitioners on monthly rental basis......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Ba..

Category: Civil Law | Date: | Hits: 84

Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 5. The High Court Division summarily rejected the writ petition holding, inter-alia, that the petitioner has no locus standi to file the writ petition and the writ...... (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Salah Uddin Shoaib Choudhury….................Petitioner Vs. Government of Bangladesh and others….....Respondents Judgment July 1, 2008. ..

Category: Criminal Law | Date: | Hits: 43

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

....case totally denying the statements made by the respondent No.1 in the above miscellaneous case. The learned Subordinate Judge by judgment and order dated 30.5.1991 dismissed the miscellaneous case holding that the same is barred by limitation. Then the High Court Division, by the impugned judgme...... Subordinate Judge (now Joint District Judge) 1st Court, Dhaka for specific performance of contract. The above Court having found that the summons of the above suit were duly served upon both the Government and the respondent No.1 on 19.5.1982 and 17.7.1982 respectively, posted the above suit fo..

Category: Civil Law | Date: | Hits: 71

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....igh Court Division discharged the Rule on the finding that the land including the homestead land situates in the rural area. The High Court Division considering the nature and character of the suit holding and its situation held that the homestead with adjunct is very much connected with agricul......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..

Category: Property Law | Date: | Hits: 30

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......d. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....ted to the post of Deputy General Manager by the office order dated April 27, 95 and was transferred on April 15, 2000 to Tabani Beverage Company, an industrial unit of the Trust, and there he was holding current charge of the office of General Manager and latter on he was promoted as General Ma......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Employment/Service Law | Date: | Hits: 408

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....08.2004 since he was sick and he filed an application through his representative along with medical certificate before the authorized officer two days before the said meeting seeking some time for holding the meeting so that he can get the opportunity to take part in the meeting and to make his ......m the office of the Chairman of Surma Union Parishad. Thereafter, the Upazila Nirbahi Officer, Sunamgonj Sadar received the resolution and transmitted the same to the secretary, Ministry of Local Government, Rural Development and Co-operative vide Memo No. mybvg/m`i/BDGbI/GjwR/-129/04/1697 (2) ..

Category: Criminal Law | Date: | Hits: 32

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

.... dismissal of the suit by the trial court and the court of appeal. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division acted illegally in holding that the unilateral kabuliyats were admissible in evidence without calling for the original......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..

Category: Property Law | Date: | Hits: 28

Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)

.... Directorate of Finance of BWDB Thereafter BWDB issued Circular dated 27.1.2000 approving the "ms‡kvwaZ c`vqb" of all the officer and staffs of BWDB in terms of the cwiwkó K holding that Board of Trustees of BWDB is a separate entity under the Government and Autonomous Bod......7.1.2000 approving the "ms‡kvwaZ c`vqb" of all the officer and staffs of BWDB in terms of the cwiwkó K holding that Board of Trustees of BWDB is a separate entity under the Government and Autonomous Body Employees Benevolent Fund and Group insurance Ordinance 1982. ..

Category: Employment/Service Law | Date: | Hits: 122

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

....l Court to dispose of the suit within the stipulated period of 6(six) months as directed. 4. As it appears the High Court Division disposed of the miscellaneous appeal and the connected Rule holding that both the parties are the co-sharers in the suit land and the plaintiff respondent cla...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ..

Category: Property Law | Date: | Hits: 27

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....r and to submit report. Thereafter, the respondent No.8 in accordance with the letter of the Registrar submitted an inquiry report wherein the Upazilla Nirbahi Officer, opined that the removal and holding up of the salary and other benefits of the writ petitioner were illegal and malafide. There......;              Moulana Md. Sibgatullah…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the     Secret..

Category: Employment/Service Law | Date: | Hits: 77

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....on, visit­ed the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding post­mortem examination, seized alamats by preparing seizure list, examined the wit­...... record ultimately came to the file of the trial Court (Additional Sessions Judge), who framed charge against the accused-petitioner and others under Sections 302/149 of the Penal Code and read it over to them on dock to which they pleaded not guilty and demanded trial. 6. The prosecution ..

Category: Procedural Law | Date: | Hits: 79

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

.... Judgment Md. Hassan Ameen J. - This appeal upon leave is directed against the judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petiĀ­tioner failed to prove by adducing any material that the case property, is no......58. ..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of ten­ancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit,...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..

Category: Property Law | Date: | Hits: 23