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Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....not to trust the plaintiff as a commercial establishment and the same having been filed for the first time before the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration and remanding the case on the basis of ...... Cinema Bhobon, Dhaka. 2. Manager, Modhumita Naptune Theatre Ltd, 35 Hatkhola Road, Dhaka. 8. While considering the same the High Court Division recorded the submission of the Rule by the petitioner that if Annexure-A would has been considered ......54 DLR (AD) (2002) 170. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....or that the orders were discriminatory are all based on erroneous assumption, misreading and mistaken view of the impugned order and further on non-application of mind. 20. That in any case it was wrongly held that Regulation No. 11A(2) was ultra vires of the Constitution inasmuch as it substanti......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......e is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......ry mentioned in the deed in the interest of the Waqf Estate or in the absence of a suitable Mutwalli but as Halima Khatun was a direct descendant of Yakub Ali, the Waqf Administrator ought to have recorded the change of the office of Mutwalli by endorsing the appointment of Halima Khatun. The Hi......; Mainur Reza Chowdhury J ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......said sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpose of investigation where a case has been recorded and that the enquiry being not investigation, officers of the Bureau are not authorised to......rt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......posed the prayer for pre-emption contending inter alia that the land sought to be pre empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement operation. The pre-emptees denied the claim of the ...... Reported in: 54 DLR (AD) (2002) 126. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......s is not a co-sharer to the case land and is not entitled to any preemption. 4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the presen...... Present: Latifur Rahman CJ BB Roy Chowdhury J AMM Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J &n...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... 6. Leave was granted to consider the contention of the appellants that the Administrative Appellate Tribunal misconstrued section 3 of the Police Officers (Special Provisions) Ordinance, 1976 and wrongly held that it was only DIG of Police who could proceed against the respondent and not the Su...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......952. The Government by a deed of conveyance of October l956 registered in November, 1956 conveyed the land for the consideration of Taka 38,047. The Society got the land so conveyed by the Government recorded in its name in SA Khatian No. 2 and that was paying Government Revenue regularly. The Socie......ppeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....e revisional power exercised by the High Court Division is discretionary and is to be exercised to prevent error of law occasioning failure of justice. But in the instant case the High Court Division wrongly construed the terms of Exhibit I in its finding that the notice under section 106, Transfer ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......elow decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....of death of the wife. It is submitted that the trial Court merely on the ground that the deceased was with the petitioner on the fateful night convicted and sentenced the petitioner which has been wrongly upheld by the High Court Division. It is submitted that the High Court Division ought to ha...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ngly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......hew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High Court Division erred in law in introducing him as a SA recorded owner with the result that plaintiff became the owner of the suit property by purchase an......AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......od. The High Court Division on consideration of the materials on record found the alleged confessions by accused Anowara Begum and Monu Meah are the result of torture, threat and intimidation and not recorded in accordance with section 364 Cr.P.C. rendering the same not true and involuntary. 10. ......r infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... of the issues and consideration of the interest of shareholders and other stakeholders of the general public. (iii) The learned Judges of the High Court Division acted wrongly in not holding that the Societies Registration Act 1860 does not put statutory limitation ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......so Reported in: 54 DLR (AD) (2002) 36. ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......ndu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Divisi...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J &...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... AM on 7-6-86 within the living room of the victim couple. Fakku Mia being assaulted died on the spot Injured Bakul Bibi was taken to Burichong Hospital where PW 9 Mr. AM Karim, Upzila Nirbahi Office recorded her dying declaration at 4-00 PM. The dying declaration runs as follows: গতক......st issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......fendant No. 1 appellant contest the suit by filing a written statement. His case, in short was this. He took lease of the suit premises from Jana Jiban Dutta in 1952 and made construction thereon. He recorded his name in the municipality and also in the PS Khatian. He denied relationship of landlord......esult, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....t petitioners, for in the absence of any evidence and lawful decision as to whether Raghuram Moni had been in India from long before 1965 and whether the recording of his name in the SA Khatian was wrongly done or not, no decision could be given legally as to the character of the land. On the abo......ghuram Moni; Raghuram Moni died childless in India on 2-7-1984; Parshuram Moni died leaving three sons who became the owners of the disputed land; but through mistake the name of Raghuram Moni was recorded and consequently declared vested and non-resident property by the Upazilla Nirbahi Of......so Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ment imposed was illegal or vitiated by procedural impropriety, rather the AAT had held that "there has been no procedural defect in the departmental proceeding." The AAT has also not recorded any finding as to irrationality of the punishment awarded nor it has held that the decisi......terference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
.... of the learned Assistant Judge the Respondent Nos. 1 and 2 moved the High Court Division in revisional jurisdiction and obtained the Rule. In support of the Rule it was contended that the suit was wrongly entertained by the Court of Assistant Judge since the orders as against which relief sought....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... suit expeditiously. There is no order as to costs. Ed. ...... The aforesaid plot was listed in C.S. Khatian No.264 and later on in S.A. Khatian No.595. 3. It is the case of the plaintiff that after purchase of the land of plot No. 1503 of S.A. khatian No. 595 (C.S. khatian No. 264) of Mouza-Dattapara, Police Station-Iswarganj, Mymensingh he ..Category: Civil Law | Date: | Hits: 77
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ischarged the Rule by holding that the plaint of Title Suit No. 18 of 1992, in which declaration to the effect that the suit property is not an abandoned property and the same has been wrongly listed was sought, was rejected by the trial court under Order 7, Rule ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ut, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
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