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Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......uit land. 8. The trial court, on consideration of evidence adduced by the contesting parties and other facts and circumstances, dismissed the suit by the judgment and order dated 17.04.2004 holding mainly that, the plaintiffs could not prove the case that the impugned kabala deed was ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....wned and possessed any land contiguous to the land transferred. Admittedly the land transferred appertains to S.A. plot No.408 and admittedly the pre-emptors are owners of land of S.A. plot No.407. Undisputedly both these S.A. plot Nos.408 and 407 are adjacent to each other. The purchaser opposite p......estigation was held by an Advocate Commissioner to find out whether there was any public road in between the land transferred and the land of the pre-emptors and that the Advocate Commissioner, after holding local investigation properly, submitted report stating clearly that there was a public road ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......ning of a fresh period of 270 days for conclusion of trial under the unmanned section 339C in a situation where one Sessions Judge held part of a trial and another Sessions Judge took up the case for holding the remaining part of the trial. 36. Evidently the issue before the Appellate Division ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......d to get the benefit of F.R.22(a)(i) and as such the impugned order was rightly issued. 5. The High Court Division, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......y, the petitioner violated the pre-conditions and as such, the authority rightly cancelled the appointment letter. 6. The High Court Division, upon hearing both the sides, made the Rule absolute holding that the impugned letter of cancellation of the appointment letter as communicated by letter..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......y the Government in that respect. Rather respondent No.4 in his affidavit-in-opposition has categorically stated that the Ministry of Establishment by its Memo dated 7-5-1996 turned down the proposal holding that "It is not possible to upgrade the post beyond the report of the Administrative structu..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......roceed against the accused under section 17(e) (ii) (iv) of the Securities and Exchange Ordinance, 1969 and accordingly framed charges instead of discharging the accused. But at the trial before holding the petitioner guilty and convicted the accused could prove that the offence was commit..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....n possession after his purchase. He also denied the suggestion that he did not ever get possession of the suit land. This witness also denied the suggestion that he is in the habit of purchasing disputed lands. 32. P.W.9 Taher Ali deposed to the effect that Akbor Ali has been in possession......e defendant to prove his case rather plaintiff is to prove his case and he cannot succeed on the weakness of the defendant. In this connection we have reasons to differ with the Joint District Judge, holding that the plaintiffs have failed to prove their case on any Court. As we have already mention..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......dex and his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....arge-sheet in this case. 23. These are the evidences that have been adduced by the prosecution in this case. From the evidence on record it appears that the death of deceased Atiar Rahman is not disputed at all. In view of prosecution case deceased Atiar Rahman met the death in the night follow......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....Affidavits-in-Opposition in identical terms denying the material allegations made in the petition stating, inter alia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did ......১৯৯৮ অনুসরন করে কার্যক্রম পরিচালনা করতে হবে”। In view of above discussions and findings we have no hesitation in holding that the appellant-company has failed to comply with the requirements of the Policy of 1998..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....l in nature. 19. These are all the evidences that have been given by the prosecution in this case. 20. Death of deceased Tarun Kumar Saha in the house of accused Matiur Rahman @ Mati is not disputed in this case. The prosecution case is that he was assaulted to death. P.W.9 who held post-m......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oss-examination that the government would not file any document to show how the government -acquired ownership of the suit property. The Appellate Court purposely did not discuss the fate of the disputed case 10 of 1968 about the suit property in which government lost by the judgment of concern......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......furious. 3. In the above background, the respondents obstructed her on the way of going to the Madrasa on 12.4.2009 at about 9.30 a.m. and violated her modesty. The complainant took initiative for holding a shalish, for which they became more furious and hatched up a conspiracy to give him a good..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....cord rightly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are ......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......ideration money and promised to execute a sale deed within 1(one) month from 3ate. The court of appeal below believed the plaintiffs claim for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed t..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......J.- The writ petitioner obtained the present Rule on 6-4-2011challenging the memo dated 17-2-2011 issued by the respondent No.2 cancellingthe schedule declared on 25-1-2011 by the respondent No.4 for holding electionon 19-2-2011 for the Managing Committee of Charpathalia Nurul Huda High School,Matla..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....old that in view of sub-rule (5) of Rule 60 of the said Rules, the BTRC has now no option but to implement the decision No.2 of the Review Panel and start fresh procuring process after cancelling the disputed one. In the result, the Rule is made absolute without any order as to cost. Accordingl......d in case of one bidder in a negative way to give it less marks, the same were not applied in the same way in case of other bidders, thus making arbitrary discrimination. While one of the reasons for holding the petitioner-firm non-respective was that it sought 20% advance payment, the same con..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......ement Court praying for excluding the property in question from the list of the abandoned buildings. 5. The Court of Settlement by its judgment and order dated 12.09.1990 dismissed the said case holding that the inclusion of the property in question in the list of abandoned buildings was n..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....cates of both the sides and gone through the impugned judgment and also the judgments of the lower appellate court and of the trial court. 12. It appears that in this suit for partition the main disputed question is whether four annas share of the lands of C.S. Khatian No.59 was sold in auction...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
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