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

....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.......tion to the post of General Manager in 2001. That in 2003 while about 3/4 posts of General Manager were lying vacant the petitioner's name was at serial No.3 in the panel for promo­tion, but at that time only one person was promoted to the post of General Manager. That in the next panel prepared fo......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.......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...

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

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

.... High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Partie......357-1379 B.S., the plaintiff would get back the suit land. Meanwhile the said Haider Ali died leaving behind opposite party Nos. 1-5 as his legal heirs and successors. Before expiry of the stipulated time, the plaintiff offered them money on several occasions and asked to restore possession of the s......hich are subsisting on the date of promulgations of President’s Order No. 88 of 1972 are hit by section 95A including the transaction entered into by way of an out and out sale with an agreement to recovery, made whether before or after the promulgation of President’s Order No. 88 of 1972; and (......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: ..

Category: Property Law | Date: | Hits: 87

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

.... Vs. Atahar Shaik and others …………....Opposite Parties Judgment November 14, 2011. Result: The Rule is discharged. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 ......ior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had appeared in the suit and took time for filling written statement. As they failed to submit any written statement and take any step......g from chickenpox, for which they could not file any written statement or take any step in the suit. Ultimately the suit was fixed on 12.3.1995 for hearing ex parte and it was decreed ex parte. After recovery from illness, petitioner No. 2 came to Gopalgonj on 10.3.1995 and learnt about the ex parte...... 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

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....diction) Present: Md. Ruhul Quddus J Sree Binoy Krisna Saha and others...........................................Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: T......eal No. 217 of 1994 is hereby set aside. The Other Appeal No. 217 of 1994 is remanded to the Additional District Judge, First Court, Bogra for disposal in accordance with law within shortest possible time. In doing so, the appellate Court will independently assess the evidence and arrive at its own ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

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

.... 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: ......ton and in this way the export is being made. Locally made duplex board is inferior and less durable than those imported from South Korea. The aforesaid Japanese importer asked the respondent, many a times, to use Korean duplex board in the inner and master carton to maintain the standard of quality...... 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)

....e 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: ......ate of termination and to continuity of service.” 11. The learned Additional Attorney General contended that the temporary appointments of the writ petitioner could be terminated at will at any time without assigning reasons. Mr. A. J. Mohammad Ali, the learned Additional Attorney General furt......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: ......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: ..

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

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ...... entitled to withdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed ex......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

.... November 30, 2011. Result: The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Advocate - for opposite party No.1. Civil Revision No......n respect of a property (as described in schedule of the plaint) impleading one Surjat Ali, predecessor-in-interest to the petitioners as principal defendant. 3. The said Surjat Ali during his lifetime had entered appearance and filed a written statement on 19.4.2004 contending inter alia, that t......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

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

....……………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 ......g the property as described in the schedule of plaint. The consideration was fixed at Taka 61,000/- (sixty one thousand) out of which he paid Taka 56,000/- (fifty six thousand) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers an......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)

.... 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. ...... occupier; (d) the name, father's name and address of each tenant's landlord; (e) the name, father's name and address, of each proprietor in the local area or estate; (f) the rent payable at time the record-of-rights is being prepared, as well as the rent determined as fair and equitable ac......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. ......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. ..

Category: Property Law | Date: | Hits: 85

Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)

....erim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... in pursuing the miscellaneous case. Because of his absence in the Country, his learned Advocate prayed for adjournment on 1.7.2002, but the Court below did not allow him adjournment for a reasonable time and fixed the miscellaneous case within a very short time on 10.7.2002. On the day so fixed, th......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 119

Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)

.... Judgment March 14, 2011. Result: The Rule is discharged. Case referred to- Manohar Vs. Kishan, AIR 1938 Lah 10. Lawyers Involved: Dr. Rafiqur Rahman, with Nasima A. Rahman, Advocates - for the petitioner. No one appears - for the opposite parties. Civil Revision No. 2518 ......ts and circumstances of the case, I do not find any illegality in the impugned order. In the result, the Rule is discharged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Cas......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 130

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....h 5, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the C......the suit land. 9. The alleged patta was of 1360 B.S which corresponds to 1954 A.C, when the C.S operation was completed everywhere in the country. It is not acceptable that the patta given at that time would be so indefinite that a local investigation would be necessary to ascertain the land desc......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

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

....titioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Rev......any error of law in affirming the order of temporary injunction. The Rule thus merits no consideration. Accordingly 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 ...... 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

Ismail Vs. State, 2009, 38 CLC (HCD)

....ase is also Reported in: ......iew to go to Saudi Arabia for a Job, had deposited his passport on a good faith to the Manpower businessman wherefrom no positive response was received by the petitioner even after waiting for a long time and that eventually the petitioner was informed that his passport has been lost, consequently t......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

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

....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: ......nies are quote believable, thus, there is no reason to interfere with the finding and decision of the trial court. He next submits that informant along with other witnesses who accompanied him at the time of surrounding the house of the accused and recovered the Arms from his residence had consisten......e has been examined by the prosecution. From the testimony of P.W.1 and 2 it appears that both of them contradicted each other regarding the preparation of seizure list from which it reveals that the recovery of arms and bullets were not done in presence of them. P.W.1 stated that seizure list was p......xamined by the prosecution. From the testimony of P.W.1 and 2 it appears that both of them contradicted each other regarding the preparation of seizure list from which it reveals that the recovery of arms and bullets were not done in presence of them. P.W.1 stated that seizure list was prepared and ..

Category: Criminal Law | Date: | Hits: 95

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

....essa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah Vs. Badsha Siddique, 45 DLR 483; Sashi Mohan Sen Vs. Ain Ullah, 1992 BLD (AD) 8. Lawyers Involved: GM Azizur Rahman, Advocate - For the Petitioners. No one - For the Opposite Party. Civil Revision No. 2906 of 2007. ......ourt of the learned Assistant Judge, Shyamnagar, Satkhira for perpetual injunction in respect of 17 decimals of land described in 'Kha' Schedule of the plaint. Defendant appeared in the suit and took time for filing written statements but ultimately did not contest. The suit was ultimately decreed e...... 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

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

....aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......m where the said gun and ammunition were recovered. P.W.2 Mosharraf Hossain is witness to the seizure list. P.W.3 Amjad Hossain is the investigating officer. He deposed that he was not present at the time of recovery of gun. 4. Learned Advocate for the appellant submits that even accepting the pr......the said gun and ammunition were recovered. P.W.2 Mosharraf Hossain is witness to the seizure list. P.W.3 Amjad Hossain is the investigating officer. He deposed that he was not present at the time of recovery of gun. 4. Learned Advocate for the appellant submits that even accepting the prosecutio......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...

Category: Criminal Law | Date: | Hits: 94

Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)

....………Opposite Party Judgment November 10, 1996. Result: The Rule is discharged. Case Referred to- 35 DLR (AD) 254. Lawyers Involved: Zakir Ahmed with Md. Waziullah, Advocates - For the Petitioner. Gour Gopal Saha, Advocate - For the Opposite Party No.1. S N Goswam......ms independently of the will he cannot be said to have interest in the probate case. We, therefore, find no substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (...... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355....... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355...

Category: Property Law | Date: | Hits: 70

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... DLR (AD) 108; Fazle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178.  Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent.  Civi......arim and Abdul Latif, and further that it was hardly believable that P.W.1 Halima Jaman, wife of Asaduzzaman, and P.W.2 Md. Shajahan, a cousin of P.W.1 were present in the house of defendant No.1 the time of execution of the document inasmuch as there was no attestation of the said agreement by thes...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..

Category: Property Law | Date: | Hits: 89