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Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....18. Lawyers Involved: Khondoker Mahbubuddin Ahmed, Senior Advocate (Osman Gnni, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Birash Chandra Biswas, Advocate-on-Record-For respondent Nos. 3-6. Not represented-Respondent Nos. 1...... all Jalmohal (c) for declaration of their title in the suit land and also for confirmation of their possession in the suit land and also (d) for a decree for permanent injunction so that the Government cannot lease out the suit land to others and cannot interfere with their peaceful posses...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......t block measuring a total of 20 acres of land which is well demarcated on all sides by boundary walls; in the initial record of right the suit land having been recorded as forest land of the Government and the plaintiffs filed Miscellaneous Case No. 1300 of 1963 for correction of the record......tatement contending that the suit land was declared as protected forest land by Gazette Notification No. 3125 dated 13-4-1955 and since then the suit land along with other lands have been under the management and possession of the Government; the Forest Department then planted many valuable fore..Category: Property Law | Date: | Hits: 31
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... affidavit-in-reply do not depict that his functions are of supervisory nature and therein it has been specifically mentioned that any job assigned to him is to be done by him personally by his own hands and as such his functions answer the description of "worker" as described in ......ellant issued notice of retirement upon them on their completion of 57th year in terms of the provisions of section 4 of the above Act, 1974 read with Clause 7 of their appointment letters and moreover the appellant, being a limited liability company under the Companies Act, 1913 and being neith...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....reached at Teesta Bus Stand at 18.45 hours and searched the Bus No. Chattagram-Ja 1736 which was coming from Kurigram to Rangpur and recovered 3 kgs. hemp in a black recksine bag from the hand of the convict petitioner in presence of the seizure list witnesses and the same was seized b......screpancy could be shown by way of cross-examination. It further appears that the prosecution by putting into evidence, chemical examination report about the implicating substance (hemp so recovered from the control and possession of the accused-petitioner) has been proved kind of the mater......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ..Category: Criminal Law | Date: | Hits: 45
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....deeds have discharged their onus and as such the High Court Division committed error in discharging the rule. 8. Mr. A.S.M. Khalequzzaman, learned Advocate-on-Record, on the other hand, opposes the petition contending, inter alia, that the petitioners could not file any orig...... Kabir Chowdhury J Nazma Ahmed and others………...........Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariet Ramna, Dhaka and another ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..Category: Property Law | Date: | Hits: 27
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....ecision in the aforesaid case was accepted by the petitioner herein. The High Court Division observed that the facts of the reported case as mentioned above and the facts of the case "in hand are identical". 9. The learned Advocate for the petitioner felt difficulty to......y was conducted according to law, that the opposite party in the complaint cases could not establish, that the case of the petitioners in the complaint cases is governed by the provisions of Government Servants (Discipline and Appeal) Rules 1985 nor could establish, that the petitioner......cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ..Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....r duration on subjects including radiology and that the Diploma of FCPS is granted by a private institution which is know as Bangladesh College of Physician and Surgeons (BCPS); that on the other hand DMRD is a Diploma of two years duration exclusively trained in Radiology provided by well kno......the Rule by filing affidavit-in-opposition stating, inter alia, that they were selected as Assistant Professors of Radiology considering their merit and qualification and accordingly the Government appointed them and they joined different Medical Colleges/Institutions vide memo dated 16......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....en proved by P.W.12 Shamsuddin Firoj, the then D.A.O. Khulna, P.W. 14. Md. Din-e-Elahi, Auditor, P.W.16 Md. Afzal Hossain, Superintendent, P.W.20 Auditor Md. Sekandar Ali, P.W.21 Tehura Begum, the hand writing expert and the learned Divisional Special Judge, in his judgment, has also discussed t......orruption Rules and after making preliminary enquiry lodged an F.I.R. and then took up the investigation and that anti corruption cases are treated as special cases and those are governed by the Criminal Law Amendment Act, 1958 (Act No. XL of 1958) and the Anti Corruption Rules ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....as been proved by P.W.12 Shamsuddin Firoj, the then D.A.O. Khulna, P.W.14 Md. Din-e-Elahi, Auditor, P.W. 16 Md. Afzal Hossain, Superintendent P.W.20 Auditor Md. Sekandar Ali, P.W.21 Tehura Begum, the hand writing expert, and accordingly the learned Divisional Special Judge, in his judgment, has also......ed as per the Anti Corruption Rules and after making preliminary enquiry lodged an F.I.R. and then took up the investigation and that anti corruption cases are treated as special cases and those are governed by the Criminal Law Amendment Act, 1958 (Act No. XL of 1958) and also the Anti Corruption Ru......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....tting aside the judgment and decree of Courts below on concurrent findings of fact. 7. Mr. Nawab Ali, the learned Advocate-on-Record, appearing for the respondent No.1 (a), on the other hand, contended that the suit land recorded in C.S. khatian No. 82 originally belonged to Kalidas ......espondent from disturbing the appellant therefore or interfering in any way with the peaceful possession of the appellant therein. The case of the appellant was that the land in suit was government khas land. And government granted long term lease of the same to one Alizan on 17-08-1960......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....he same and the High Court Division in its turn committed error in affirming the aforesaid illegal judgment of the lower appellate court. 13. Mr. Shamsul Alam, learned Counsel on the other hand opposes the petition submitting, inter alia, that the alleged; deed of gift is said to have bee...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....een passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the year 1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katc......2007) 944. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....,97.075/- but the defendant No.5 informed the plaintiff to apply in the relevant form to which the plaintiff submitted form on 12.12.1987 but the said prayer remianed unattended. On the other hand, without supplying Air Blower and Amonia Gas and other necessary machinery defendant No.5......ntiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk. 25 lac stating, inter alia, that in terms of Asian Develo......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....981 and obtained the receipt and on May 13, 1985 paid Tk. 250/- and obtained the receipt, that after the payment of first installment Revenue Officer passed order directing the relevant officer to hand over possession of the land in suit to the defendants and the said personnel of the Reven......e dated July 31, 1988 of the Court of Assistant Judge, Sribordi, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....pondents from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and direction was given to the writ respondents to hand over possession of Plot No.9, Block No. CEN(A), Gulshan Model Town, Dhaka, (measuring 16 katha......nts from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and direction was given to the writ respondents to hand over possession of Plot No.9, Block No. CEN(A), Gulshan Model Town, Dhaka, (measuring 16 kathas an...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ...... the said structure. 5. It was stated before the Court at the time when the application for special heave was heard that in pursuance of the order of the High Court Division the obstruction raised over the disputed passage had been removed by the respondent in default of the appellants in complyi......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ots and threatened loudly to kill the informant and others. On hearing hue and cry the neighbours arrived and when they tried to extinguish the fire, accused Nos. 1-3, 7 & 8 exploded hand bombs and thereby caused terror. In connection with aforesaid incident an information was......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..Category: Criminal Law | Date: | Hits: 54
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....f Agriculture placing their services on deputation against sanctioned posts as contained in Project Proforma approved by the Government and the writ petitioners; were appointed merely as supporting hands for implementation of Phase-I of the Project for the period from July 1991 of 30th June...... Supreme Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
..... ......ion. The deed of gift was registered on April 18,1973, that possession of the land gifted was delivered to the defendant No. 1 and since then he is possessing the same upon paying rent to the Government, that plaintiff is on a portion of the land with the permission of the defendants, ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..Category: Property Law | Date: | Hits: 46
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....na, Dhaka under Telegraph and Telephone Board of the Government of Bangladesh was the custodian of the cash and cash book who went to leave preparatory to retirement on 2nd March, 1992, but did not hand over the cash books and other papers to new Cashier, A.F.J. Rozario violating the instruction......served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office, Ramna, Dhaka under Telegraph and Telephone Board of the Government of Bangladesh was the custodian of the cash and cash book who went to leave preparatory t......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..Category: Criminal Law | Date: | Hits: 62
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