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A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......cused Mohammad Hasan, Md. Sahabuddin and others have been allowed bail by the High Court Division after making the Rule absolute and the petitioner being an elected chairman for the greater public interest his prayer for bail ought to have been considered, but the High Court Division disregardin..Category: Criminal Law | Date: | Hits: 47
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......o.9 and R. S. record in the name of defendant No. 8 are incorrect. 2. Plaintiff averred that land in suit belonged to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daughter Charubala who settled 41 decimals of land (including the land i..Category: Property Law | Date: | Hits: 48
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......is found to be guilty of any misconduct within the meaning of section 12(1) and, in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad or undesirable from the point of view of public interest, the Govern..Category: Civil Law | Date: | Hits: 104
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. .......5.1927 and thereafter, by another registered kabala dated 22.8.1949, four sons of Chapala Bala sold 13.20 acres of land to the plaintiffs. The plaintiffs further claimed that their predecessors in interest Chapala Bala and her sons possessed the same land and since their purchase, they have also..Category: Procedural Law | Date: | Hits: 113
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......ohan Koley vs. Narendra Nath Konwar 35 CWN 478, it was held as follows:-
"Dr. Mukherji seems to proceed on an asÂsumption which is not justified by law that the shebaits have some sort of vested interest in the debutter property of which they cannot be divested except by some provision of the l..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... on consideration of the facts brought on record by the parties held "In our view the respondent, has rightly found it expedient to get the petitioner retired from service and in the interest of Biman Corporation they did so" and thereupon held there was no illegality in ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......ate party i.e. the respondent, is evidently being barred under section 195(l)(c) of the Code of Criminal Procedure, the proceeding of the Complaint Case No, 520(1) 1995 is liable to be quashed in the interest of justice, that there being two conflicting views of the two Division Benches of the High ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......ce No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. ..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......d not at all consider the plainÂtiffs case of bona fide requirement and hence the findÂing in this regard cannot be termed as a concurrent one. 9. In the alternative, it is submitted that in the interest of justice the matter be remanded to the apÂpellate Court for its finding on the plaintiff..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......ated in Sheikh Abdus Sabur Vs. ReturnÂing Officer 41 DLR (AD) 30. It was observed: — "The main object of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from th..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......filed an application for pre-emption on 25-11-1981 claimÂing pre-emption as a co-sharer of the holding. In the meantime he has, however, filed a Mutation Case No. 63 of 1977-78 for separation of his interest in the holding by creating a separate khatian, which however is still pending. 5. Respon..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ...... The appeal is disÂmissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder with..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......vision has correctly decided the issue as to service of notice of acquisition in the facts of the present case while upholding the decree passed in favour of the plaintiffs. 3. The predecessor-in-interest of the plaintiff-respondents, Basharatullah, and his wife respondent No.2 as plaintiffs bro..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... the appellant. In view of the order of attachment the appellant had to vacate the said house and thereafter an investigation was made at the instance of the appellant with regard to the right title, interest and possession of the said house. The Ministry of Home Affairs, Government of Bangladesh, T..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... application" (Ground No. IV). 10. Dr. Kamal Hossain argued that the plainÂtiffs are the residents of the locality and their sons and wards are students of the School as such they have sufficient interest in the school itself which was established in 1933 at the initiative of the local people, w..Category: Civil Law | Date: | Hits: 130
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......ment contested the suit and filed written statement stating that the suit land is ‘beel’ which is not retainable under section 20 of the State AcquisiÂtion and Tenancy Act and the rent receiving interest of this landlord namely, Bhabanipur Estate was acÂquired. Respondent Nos. 2-12 contested t..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ...... and 15.2.74 to the plaintiff for a total consideration of Tk. 83,000/- and delivered possession thereof. 11. The defendant-appellants' main contention was that the defendant No.2 had no title and interest in S.A. Plot No. 1162 as he was only a name-lender in the documents dated 4.1.54 and 5.1.54..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......, Hadu and Nadu, and a daughter, Modina. Hadu Shah died leavÂing one son, Sadu Shah, two daughters Firoza and Hafiza, and a widow, Kutibibi. Kuti Bibi died leavÂing Firoza and Hafiza who sold their interest to Ambor and others. Modina died leaving one son Amjad, who leaving two sons Ambor and Amfo..Category: Property Law | Date: | Hits: 45
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......to say that there is no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they hav..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......aking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant ho..Category: Criminal Law | Date: | Hits: 47
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