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State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... house. whereupon the victim had to take shelter at the house of her father, P.W.1 and stayed therefore about one year; subsequently, pursuant to a salish by the villagers the victim was handed over to the condemned prisoner and accused Abdur Rashid and accordingly the victim was taken...... whereupon the victim had to take shelter at the house of her father, P.W.1 and stayed therefore about one year; subsequently, pursuant to a salish by the villagers the victim was handed over to the condemned prisoner and accused Abdur Rashid and accordingly the victim was taken at the......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....tion of the building falls in the saham of the plaintiff at the final partition. He undertakes to demolish the said building at his own cost and at his own risk and peril and undertakes to hand over vacant possession in favour of the plaintiff. This portion has not been denied by t......of the building falls in the saham of the plaintiff at the final partition. He undertakes to demolish the said building at his own cost and at his own risk and peril and undertakes to hand over vacant possession in favour of the plaintiff. This portion has not been denied by the pl......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....y would be counted as per merit list prepared by the selection committee for the purpose of appointment in terms of Regulation 10(2). 9. The learned Counsel for the respondent No.1 on the other hand submits that before the High Court Division no such argument was made and no merit list now cla......tioner moved the High Court Division in revisional jurisdiction and obtained the Rule which after hearing was made absolute. 3. The respondent Nos. 2-4 by filing an affidavit-in-opposition controverted the material allegations made in the writ petition. Their case, in short, is that as per R......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
...., B and C came from the possession of the pre-emptee and the said sale deeds did not support the purchases of the land in the case khatian from the pre-emptors and the appellate Court, on the other hand, upon assessment of the evidence on record and adverting to the findings of the trial Court as......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....tional Sdn Berhad and others……….....Respondents Judgment June 6, 2007. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on–Record- For the Petitioner. Rafiq-ul-Huq, Senior Advocate......p; 6. In the meantime, the petitioner, writ respondent No.4, ST Electronics (Info Software Systems) Pvt. Ltd., filed several complaints to the Project Director of the Bangladesh Bank, Governor of the Bangladesh Bank and also to the Secretary, Ministry of Finance. But finding no resp......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....others and then the accused persons became furious and the petitioner Asgar dealt a heavy blow with lathi on Jamal Uddin and then Jamal Uddin fell down and that convict Mukul having a bollom in his hand assaulted Jamal Uddin on his head and accused Rafiqul also assaulted the victim with lathi and......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..Category: Criminal Law | Date: | Hits: 43
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
.... between him and the defendant No.2 and further Ext.5, on the face of it does not show that the decision to terminate the petitioner was taken as a measure of punishment and on the other hand it shows the decision to terminate the service of the petitioner was taken on other grounds an......benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process and he joined in his service on 18.5.1996 and......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respon......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....ntment of a new Managing Director as there were number of complaints regarding the landling of the company's affairs and its finances by the petitioner; further at that time, the petitioner drawing handsome salary, was supposed to act as the full time Managing Director of the company but, as was......Wordy Ltd.' which was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoint a new Managing Director as the tenure of the petitioner exp......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......otal quantity of 36.06 acres including homestead was allotted to him and the remaining 45.75 acres of land was declared excess under section 20 of the Act; and the excess land was acquired by the Government. The mutwalli prayed for release of the excess land upon which Case No. 16 of 1961-62 was...... waqf estate. Clause 14 contains the provision to meet an unforeseen situation in the event of absence of any male member among his decendants. Clause 14 sufficiently ensure that in such a case the management of the waqf estate shall be carried on by any one of his near relations who is of good ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....ake it a valid gift the question of registration might have arisen. This being not so in the case of such a gift, the requirement of a registered instrument would seem to be redundant. On the other hand, if there is no oral gift but by an unregistered instrument a person seeks to make a gift of im......also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Government from 1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from him......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....;……………………………………Respondent Judgment October 16, 2006. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ..Category: Criminal Law | Date: | Hits: 44
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....to his son defendant No.1 Abul Kashem and the deeds are in possession of defendant No.3; that Isha Kha possessed 45 decimals of land and he died leaving behind wife and son namely Santon and Chand Kha and S.A. Khatian No. 396 was prepared in the name of Chand Kha but wrongly S.A. record was......er transferred 32.50 decimals of land to Sahara Khatun and accordingly became owner of 71.50 decimals of land out of 97 decimals of land; that the plaintiffs have no right, title and interest over the suit land and they brought the suit upon false averments and as such the suit is liable to......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... respondent No. 11 is not a necessary party and the claim of the respondent No.11 involves disputed question of fact which cannot be determined in the writ petition. 7. Mr. Khan on the other hand submits that an area of 1 acre of land of Plot No. 152 was duly recorded in the name or resp......) Present Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral R......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....s stated above, the chain of evidences against the condemned petitioner is so complete that it does not leave any reasonable doubt for conclusion consistent with his innocence and on the other hand points out with all human probability that it is the condemned petitioner and accused Rokeya ......scard their testimonies unless those appeared to have suffered from falsehood and so the testimonies of PWs 1,2,3 and 4 who proved the above extra-judicial confession, are worthy of credit and moreover, PWs 9 and 15 are absolutely independent witnesses and they had no rancor whatsoever with......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....o failed to consider that inspite of clear assertion of the plaintiffs that Ext. Uma and Exts. Ga(2) and Ga(5) are fabricated and false those exhibits were not sent to experts for comparison of the hand writings of Abdul Gafur Talukder specially when Jashimuddin and Hori, the defendant Nos.1 and ...... not genuine documents or that the same was not acted upon (c) the R.S. Khatian was prepared in the names of the defendants (d) the defendants paid rent to Abdul Gafur and subsequently to the Government Acquired Estate which show that the defendants have been possessing the suit land (e) if ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... election of directors after condoning the delay and that there was no willful default on the part of the company. The learned advocate for Bangladesh Bank, the petitioner herein, on the other hand submitted before the High Court Division that against the judgments passed by the High Court ...... taking advantage of the above orders of stay dated 24.1.2004 in as much as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20.1.2004 are overturned then all the actions of the Board of Directors of the company with more than 13 members ......g company; by Bank Company (Amendment) Act 1003 (2003), on 10th March 2003 section 15(Ka ka) was inserted in the Bank Company Act 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guide-lines only a..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....hal Das Bose and his wife. The case of the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.1927. Subsequently he divided the suit land ......rears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, lessee shall not be liable to pay such rent over again to the transferee. The lessor, the transferee and the lessee, may determine what prop...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....) 4. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate (Omar Sadat, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Appellant. T. H. Khan, Senior Advocate, (Khandker Mahbubuddin Ahmed, Senior Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-R......g the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Case No. 23 of 1999 for recovery of the money by putting the aforesaid property in public auction and the auction took place on......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....hort time, all the inmates of the P.O. house started losing senses. At that time accused Aminur Rahman, Shirajul Islam and some other unknown persons with dagger, knife, chain, pistol-etc. in their hands entered into P.O. house through the back door. Accused Aminur Rahman and Shirajul with dagge...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
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