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Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....bera­tion and it is the case of the plaintiff that they purchased the suit land by a kabala dated 9.10.1971 and the evidence of P.Ws.1 and 2, transpires the said deed has not been executed and registered by the Ram Ratan Bal and moreover the witness­es of the defendants proved the posses......ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....ra Nath Brahmo and Satish Chandra Brahmo in equal shares. Mathura Nath Brahmo gifted his share to Jogendra Nath Brahmo, Nagendra Nath Brahmo and Kedar Nath Brahmo Sons of Jadav Chandra Brahmo by a registered deed of gift dated 24th Agrahayan, 1330 B.S. Satish Chandra Brahmo sold his share to one......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ...... assessment of the materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....nt of taxes of Union Parishad, kabinnama of the plaintiff,  ration card of the plaintiff,  rent  receipts of the properties of the plaintiff, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960  dated 9.9.1969, 10516 dated 18.9.1969 in t......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..

Category: Property Law | Date: | Hits: 26

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ...... the Postal Life Insurance and since then he discharged his duties honestly and sincerely. Later on he was promoted as Upper Division Clerk (U.D.C.) on 19.8.1968. Thereafter, he was promoted to the post of Superintendent and was serving in that capacity to the sat­isfaction of the concerned ......ip;……………….......Respondent Judgment March 17, 2009. Case Referred To- Mahbubur Rahman Sikder Vs. Mojibur Rahman Sikder, 37 DLR (AD) 145. Lawyers Involved: Enayatur Rahim, Additional Attorney General, instructed by..

Category: Administrative Law | Date: | Hits: 159

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....l No. 1354 of 2004 dismissing the same. 2. Short facts are that an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removing the registered Trade Marks No.50431 in class-16 from the Registrar was filed by the petitioner com­......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... the impugned judgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..

Category: Intellectual Property Law | Date: | Hits: 329

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......tiff, filed the above suit seeking declaration that the order dated 23.3.99 under the signature of the Head Master/Member Secretary of Dishari High School Managing Committee suspending her from the post of Assistant Teacher is illegal, void, collu­sive and not binding upon her and she is stil......t decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee considering all aspects recommended that out of the 12 teachers, 9 should get promotion to the post of Assistant Professor. Thereafter on 11.11.2005, the Principal of the College sent proposal t......arrived at a correct decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..

Category: Employment/Service Law | Date: | Hits: 57

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....missing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for parti­tion of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 purported to have been execut­ed by Delwar Sheikh is false and......ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......ived at a correct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...

Category: Property Law | Date: | Hits: 42

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....t in R.S. Khatian No.1135, shich included Plot Nos. 6550 and 6551, was also pre­pared in their names; Krishan Kanta trans­ferred his 30 decimals of land in favour of the plaintiff No.1 by a registered patta dated 9.6.1953 and also delivered posses­sion and the plaintiff No.1 is posses......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......spondents Judgment January 8, 2008. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner..

Category: Property Law | Date: | Hits: 34

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....res of land appertaining to C.S. Khatian No. 294 belonged to Kalachand Gazi, Haziruddin Gazi and Mofizuddin Gazi Kalachand Gazi mortgaged 1.98 acres of  land to the plaintiff on 26.04.1943 by registered kabuliat. The plaintiff became korfa tenant under Kalachand Gazi and paid rent to him. T......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......ourt, is a correct finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..

Category: Property Law | Date: | Hits: 22

Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

....ition of complaint to the Satkania Police Station with a direction to treat the same as FIR and to submit report. On receipt of the petition of complaint, Satkania P.S. Case No. 4 dated 14-4-1995 was registered under Section 302/201/34 of the Penal Code against the respondent Nos. 3-9 (whose names w......ssion was sought for exhuming the dead body, but ultimately the Magistrate by the order of 28th July, 1996 refused to grant permission for exhuming the dead body of Ahmed Chowdhury for the purpose of post mortem examination, since it would not be possible because of lapse of time to hold the post mo......iolative of the principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...

Category: Criminal Law | Date: | Hits: 37

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......ned him with Court's permission on this partic­ular point. From this piece of evidence of P.W. 8 an attempt was made to make out a case that accused Nuru might had assaulted Amjad with a bamboo post which caused the swelling, but the fatal wound was caused by some other person. As we have fou......rt is restored. Respondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ..

Category: Criminal Law | Date: | Hits: 44

Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)

....der of dismissal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal. 4. After obtaining the order of dismissal the first party sent his grievance petition by registered post on 21.6.1992 but the second party (Jute Mills) did not consider it and accordingly,......issal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal. 4. After obtaining the order of dismissal the first party sent his grievance petition by registered post on 21.6.1992 but the second party (Jute Mills) did not consider it and accordingly, the first ......cussion above the appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ..

Category: Labour and Industrial Law | Date: | Hits: 251

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

.... Dhaka and attained solven­cy. In such a climate of mutual trust the plaintiff mortgaged one bigha of land to defendant No. 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... no hesitation therefore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......selected by the Bangladesh Public Service (Second) Commission for appointment as Inspector of Customs and Excise under the National Board of Revenue, Government of Bangladesh and he joined the said post on 12.1.1973. He alleged that respondent Nos. 4, 5, 8 and 10 were directly recruited qqas Insp......arliament, these appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......ndent joined in the service of Bangladesh Biman, herein after in brief the Biman, on 21st January, 1990 as Junior Traffic Assistant in the Customers Service Department and was confirmed in the said post by the Memo dated 3rd October, 1990 in the Pay Group 3(ii). He was promoted as Senior Traffic......- M. A. Mannan V. Biman Bangladesh Air Lines, 1989 BLD 516; AIR 1978 (SC) 694; Belal Rahman Vs. P. J. Industries Ltd. 39 DLR 239; Bangladesh Parjatan Corporation Vs. Mofizur Rahman, 46 DLR (AD) 46. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appella..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d share sold his entire share in khatian No. 3 to Sirajul Haque and divested himself of all interests therein. Hamid Ali sold the entire .7 acres of land in plot No. 202 to his son Bashirullah by a registered deed dated 23-3-53. Bashirullah in his turn sold .3½ acres out of .7 acres of lan......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... are set aside and the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....P.M. lodged an FIR with Pirganj Police Station, Rangpur alleging that he used to love one Monowara Begum, daughter of Shafu Mondal of Village Ghanashuampur and accordingly marriage between them was registered on 19.04.97 and arrangement was made to hold the wedding ceremony on the night of 21.4.9...... Kotwali P.S. Unnatural Death Case No.102 of 1997 dated 23.04.1997 the police went to the hospital, prepared the inquest report of the victim Saidur Rahman and sent the dead body to the morgue for postmortem exam­ination. After investigation the police sub­mitted charge sheet against the......t decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....rt, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to con­demned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20,000/- in cash as dowry along with other gold ornaments. But such am......o which they pleaded innocence and claimed to be tried. 6. During the course of trial prosecution examined as many as 8 witnesses includ­ing P.W.4, Dr. Ajoy Kumar Sarker who conducted the post mortem examination on the dead body of the deceased, P.W.7 S.I. Md. Anowar Hossain and P.W.8 ...... and dismissing the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..

Category: Criminal Law | Date: | Hits: 86

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

.... and then the respondent No.1, on appearing before the learned Magistrate on 14.12.2004, obtained bail; then the case being sent to the Court of Sessions Judge and Senior Special Judge, Sylhet was registered as Special Case No.2 of 2005 under section 409 of the Penal Code and then the learned Se......otor car for the hospital from the fund of the said Hospital but he, with an ulterior motive to gain illegal ben­efit, purchased the motor car in his name and subsequently he resigned from his post of Director on 1.4.2003 and left the Hospital without returning the said motor car and the con......t decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..

Category: Criminal Law | Date: | Hits: 47