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Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... result, the Rule is discharged. The 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: ......s heirs and successors. The plaintiff got the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to leas...... result, the Rule is discharged. The 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: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......y the principle of lis pendens and therefore, he cannot claim to be a bona fide purchaser. 13. I have considered the submissions of learned Advocates for both the parties, examined the evidence on record and gone through the judgments. It appears from the plaint, deposition of P.W.1and the legal ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was assigned for loading and unloading the goods. The shortage was detected in godown No.3 as well. He also stated that in an earlier proceedin......ence, and subsequently obtained bail from this Court. 6. Mr. Abu Taher Md. Saifur Rahman, learned Advocate appearing for the appellant after taking us through the ejahar, charge sheet, evidence on records and the impugned judgment submits that in the present case, the trial Judge proceeded on ass...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......gal to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... over the same property against the Government. The suit is clearly barred by law. 12. We have considered the submissions advanced by learned Advocates of both the sides, examined the materials on record and gone through the decisions cited. It appears that the Court of Settlement considered and ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....ance of the contract, furnished two Bank Guaran­tees. The delivery was to be completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplied a small part of the goods under contract and expressed their inability to perform the contract in full taking the ground...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ন ক্রমে চিরকাল ভোগ দখল ও তছরুপ করিতে থাকহ। ....... তাং- ৩.১২.২৭” 4. It appears that land measuring 1.90 acres recorded In C.S. Khatian No. 528 appertaining to Touzi No. 314 is the subject matter of the suit for......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....inasmuch as all three took active part. Even the person sitting on the Honda waiting for the other two with the engine of the Honda running is evidently part of the plan to murder the victim and make good the escape. Hence the finding of the trial Judge that the accused are all guilty under sections......rd by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008, unanimously upheld the convictio......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e High Court Division. 7. We have considered the submissions of the learned Counsel for both the parties and perused the impugned judgment of the High Court Division and other connected papers on record. 8. We find from the Annexure-“C” to the writ petition, which was the impugned notice......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......tted a police report against those confessing accused and four others. The prosecution examined 11 witnesses in support of the charges. The learned Assistant Judge on consideration of the evidence on record, mainly relying upon the confessional statements which were found true and voluntary, convict......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......l hospital where he was declared dead. 3. Prosecution in support of its case has examined 17 witnesses but the defence examined none. The Druta Bichar Tribunal on an assessment of the evidence on record found the petitioner along with six others guilty to the charge and another under sections 30...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ...... over to Moktar Hossain on 5th August, 1992. 3. Prosecution in support of its case has examined 11 witnesses but the respondent examined none. The Special Judge on consideration of the evidence on record found the accused-respondent guilty of the charge and sentenced him to rigorous imprisonment ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......ntiff. The case of the plaintiff, inter alia, was that 3.06 acres land of C.S. Plot No.403 in C.S. Khatian No.41 under Sree Krishnapur Mouza originally belonged to Brindaban Goshwami and the same was recorded in his name as pond; that Brindaban Goshwami was a Brahman Priest and he used to live at an......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......d motor vehicle stamps for Tk. 2,16,035 and misappropriated Tk. 2,93,420.25. 2. In support of the prosecution case, it has examined 9 witnesses. The Special Judge on assessment of the evidence on record found the respondents guilty of the charges and sentenced them to 3(three) years rigorous imp......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Air­lines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal ef..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......7.79 acres of land as khas out of the share belonging to Lamio Matbar in Miscellaneous Case No.9 of 1952 under section 20 of the State Acquisition and Tenancy Act and the remaining .372 acre was duly recorded in his name in SA Khatian No.240. The shares of Khemari and Chamakhi Mongi were recorded in...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

....ter that, on 21-2-2004 under the direction of accused-petitioner No.1, accused-petitioner Nos.2-6, 8 and 9 had detained the informant at gun point and looted an amount of Taka 27,322 as well as other goods worth about Taka 5,35,007. On receipt of the FIR by the Lohagara Police Station, Lohagara PS C...... informant at gun point and looted an amount of Taka 27,322 as well as other goods worth about Taka 5,35,007. On receipt of the FIR by the Lohagara Police Station, Lohagara PS Case No.19 (4) 2007 was recorded against the accused-petitioners under sections 143/343/447/385/379/380/427 and 506 of the P...... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44...

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......ill the completion of the project in 2004 and his service would have been transferred to the revenue budget like the other manpower of the project as per the decision of the Government. We keep it on record that the Ministry could not produce any paper even before this Court as to why the post of De......(the Ministry) by the order of the Honorable President of the People's Republic of Bangladesh vide Memo No. মবিম/শা-৭/১৩/৯২-২৮৮ dated 27.10.1992. The petitioner joined the service on 05.11.1992 and he was discharging his duties with sincerity and honesty and also to the s..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......of TK. 43 00/00, the Bench Officers are entitled to the next higher scale i.e. TK.4800/00 with status commensurate with the said scale. Regard been had to the facts and circumstances, materials on record and the submissions of the learned counsel for the petitioner it is apparent that the Bench O...... not changed. At the time of his appointment, the post of ABO was classified as a Third Class Non-Gazetted post under the High Court Division Service Rules. In 2003, while the petitioner was still in service as an ABO of the High Court Division, one Md. Golam Mostafa, an ABO filed Writ Petition No.1..

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......imary School in the year 1983 and he joined at Andiura Government Primary School, Thana-Madhabpur, District-Hobigonj in 1985 and since then he had been serving there. In recognition of his excellent service in the school he earned official appreciation as "an ideal" teacher and the said fact was du..

Category: Administrative Law | Date: | Hits: 240