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Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......ntiff is required to prove his possession and dispossession from the suit land within 6 months from the date of dispossession. The plaintiff having proved the fact of dispossession within the said period it is incumbent upon the Court to decree the suit by restoring the plaintiff into the posses..Category: Property Law | Date: | Hits: 51
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......sal of the order of the High Court Division it is seen that the said Division by a reasoned judgment has discharged the Rule obtained upon an application seeking condonation of delay of inordinate period. The materials on record clearly show that the judgment of the appellate Court was passed in..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... by the appellants. All the four foreigners mentioned in the petition are no longer directors of the Bank as they have vacated their office by reason of absence from Board meetings for a continuous period of three months and/or for not attending three consecutive Board meetings under section 108..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....sale of the suit land at a consideration of Taka 30,000 and on receipt of Taka 25,000 as advance he made over the possession of the suit land to the plaintiff and in the said agreement it was stipulated that the defendant No. 1 shall get back the possession of suit land in case of his refun...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....d thereby kept the petitioner out of work since 13-8-1998; then being compelled, the petitioner had to tender a resignation letter but subsequently he withdrew the same by filing a petition within stipulated time on 8-9-1998 and before the same was accepted by the Governing Body and on 27-9-1998......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....or of its building and thereafter applied to the government for purchasing the house on hire-purchase-basis and the Government decided to sell the house to the respondent on terms and conditions as stipulated in the letter dated 1.11.84 (Annexure VII to the affidavit-in- opposition of respondent......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......the trial Court gets merged in the decree of the appellate Court are no doubt correct, but the said decision only emphasise this fact when dealing with the question of limitation as to when the period of limitation will commence for execution of the decree, or when the point in dispute is as..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......arded as human though they never condoned gross negligence. At the same time the Courts had always been strict in demanding proof of sufficient cause for everyday which had expired after the ordinary period of limitation". As seen from the materials on record that the Respondent No.1 i.e. appellant ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ine) years at a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the expiry of the stipulated period of 9 years but in case of continuing possession by the tenant beyond 9 year......t a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the expiry of the stipulated period of 9 years but in case of continuing possession by the tenant beyond 9 year the tenant ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......o.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in ..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
.... a petition of complaint against the accused petitioner and others alleging, inter alia, that they agreed to take lease of the house of the complainant as monthly rent @ of TK. 50,000/- and it was stipulated that sum of TK. 6,00,000/- would be paid as advance which would be adjusted within 2 (tw......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......paper book is dispensed with as prayed for. Operation of the judgment and order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......by the learned Advocate and perused the materials on record. It appears from the evidence of P.W. Sheikh Saber Ali who was Senior Post Master attached to Dhaka General Post Office during the relevant period that in the ledger book in question containing the disputed account the figure '100' was turn..Category: Criminal Law | Date: | Hits: 50
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... being an accused in a criminal proceeding or he is under suspension in connection with departmental proceeding or otherwise, his case for promotion cannot be taken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acqui..Category: Employment/Service Law | Date: | Hits: 54
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......hen used with reference to a child sent to a certified institute or approved home or committed by a court to the custody of a relative or other fit person means that Chilled during the whole period of his detention notwithstanding that he may have trained the age of sixteen years dur..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter the said trawler was given..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......xistences of the unregistered deed of gift and that the settlement personnel on examining the witnesses found possession of the defendant No.1 in the land in suit "for more than statutory period of 12 years since 1342 B. S on the basis of the said deed of gift and accordingly recor..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......e. 5. In support of the appeal the appellant reiterated the submissions made at the time of granting the leave. 6. He further submits that the appellant being seriously ill during the period in question was prevented from appearing at the time when the appeal was called upon for hea..Category: Procedural Law | Date: | Hits: 70
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......ved:- "The story of the alleged dying declaration also appear to be concocted RW. 2 did not divulge the story of her recording a dying declaration to anybody else for a long period and the recorded declaration did not see the light of the day at least within who months ..Category: Criminal Law | Date: | Hits: 41
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......he Single Bench of the High Court Division in Criminal Revision No. 1156 of 2000 discharging the Rule and directing the accused petitioner to surrender before the trial court to serve the remaining period of sentence. 2. The prosecution case is that the informant Mosammat Nurbanu got marr..Category: Criminal Law | Date: | Hits: 38
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