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Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....dul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres of land of C.S. Plot No.102 of C.S. Khatian Nos.3,13,14 and 15 of mouza Rabirmara,......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......of mouza Rabirmara, P.S.-Fulpur, District-Mymensingh and also for a further decla­ration that the cancellation of the lease of this land in favour of the defendant No.7 was collusive, wrong, without jurisdiction etc. 7. The plaintiffs' case, in short, was that the suit land belonged to the gover..

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368.......d could riot be taken to mean that the payment of 3(three) months' salary must be made along with the termination order and if not so paid then the order of termi­nation would be illegal and without jurisdiction. II. Whether the High Court Division erred in law in failing to consider that where ..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......fter to the post of Joint Director on 06.05.1991 and to the post of Deputy General Manager on 09.03.1997. That the petitioner also per­formed the duties of General Manger on several occasions in the absence of General Manager. That Bangladesh Bank formulated criteria for promotion from the post of ......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....fore expiry of the stipulated time, the plaintiff offered them money on several occasions and asked to restore possession of the suit land, but they refused. Opposite party Nos. 1-5 realised a sum of total Taka 89,000/= (66,000/= + 23,000/=) from the usufructs of crops produced in the suit land duri......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 87

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 77

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 74

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... No.542-L/84/885 CUS dated 10.12.1984 for temporary importation of packing materials for re-export on undertaking to pay twice the amount of duty in case of failure, the appellants have acted without jurisdiction in refusing to allow the respondent to import the duplex board and accordingly the appe..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....onable ground has been shown. The submission on behalf of the State of Uttar Pradesh at the hearing that many of them were likely to be reappointed is by itself ample proof of the fact that there was total non-application of mind to the individual cases before issuing the general order terminating a......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......nt of the salary of the respondent without initiating any legal proceedings whatsoever against the respondent and the order of withholding of the payment of the salary of the respondent is beyond the jurisdiction of the appellants and the respondent was condemned unheard and as the impugned order co..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

..... 41 of 1974 for specific performance of contract on the strength of the registered agreement dated 17.8.1970 (exhibit 3) and that suit was decreed on 30.1.77 on contest. From exhibit 3 it shows that total consideration was fixed at taka 3,30000.00. The judgment and decree dated 30.1.77 has been mar......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....ent could be allowed after closure of the plaintiff’s case in a suit for ejectment of monthly tenant at sufferance by introducing an inconsistent and new story of payment of salami, etc. which is a totally new case of permanent tenancy in place of monthly tenancy....” The Appellate Division allo......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... step to examine the expert and prove the opinion formally. When the plaintiff raised objection against the opinion of hand-writing expert, the trial Court was not supposed to consider the opinion in absence of any formal proof and without examining the expert. Moreover, in the judgment of the trial......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)

....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... on setting aside the ex parte decree. The Miscellaneous Case was fixed for peremptory hearing on 1.7.2002, when his (appellant’s) Advocate filed an application for adjournment on the ground of his absence in the Country. The application was allowed and the case was fixed on 10.7.2002, on which da......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 119

Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)

....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 130

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim 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: ...... the Rule is discharged. The ad interim 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: ...... the Rule is discharged. The ad interim 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: 84

Ismail Vs. State, 2009, 38 CLC (HCD)

....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......ction under section 339B(2) of the Code of Criminal Procedure without compliance of section 339B(1) of the said Code and as such the conviction thereupon against the petitioner is illegal and without jurisdiction as such liable to be set aside. She also submits that the petitioner was implicated in ..

Category: Criminal Law | Date: | Hits: 92

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment- debtor to civil imprisonment or by attachment of his property or by both in case of his willful and deliberate disobedience to the decree and the revisional Court seriously erred in law on total misconception of law and facts in passing the impugned judgment setting aside the order of the...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......dary wall did not properly demarcate the plaintiffs' portion of land and with the help of an Advocate Commissioner re-laid the suit land and found out that the defendant No.1, taking advantage of the absence of the plaintiffs, completed the boundary wall leaving the suit second schedule land out sid...... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...

Category: Property Law | Date: | Hits: 87