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Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
...., inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 transferred the same to his sons Habibur Rahman and others and those donees by a registered deed dated 4.9.81 sold the same to the plaintiffs and since then the plaintiffs had been ......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......ny order as to cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... of his revisional jurisdiction and thereby misdirected himself in holding that the suit land is a non-agricultural land and that the plaintiff's settlement of the suit land having not been made by a registered instrument she did not acquire any valid title thereto. Without even discussing the defin...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......as to cost. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......also two subsequent reminders no reply was received from the appellant No. 1, was serving at Hill Tracks, Chittagong as Commandant of Police Special Training School Betbuniat, Chittagong and he was posted as Deputy Commissioner West, D. M. P. Dhaka only on 21.11.1996. Mr. Islam next submits that t......wlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Adv..Category: Criminal Law | Date: | Hits: 51
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......low. Respondent Md. Matiar Rahman is an engineer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 with effect from 14.9.90. Subseque......e Courts below and find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
.... an F. I. R. with Daulatpur RS. The S.I. of Police Nazrul Islam also lodged an F.I.R. under section 409 of the Penal Code read with the Special Powers Act, 1974 implicating the plaintiff which was registered as Khalishpur RS. Case No. 9(11) 781. The plaintiff lodged a complaint to the C.I.D. all......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......;……....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....as defendant in the suit stating, inter alia, that Late Protab Chandra Das, a Businessman of Nawabgonj in the year 1332 B.S. dedicated the suit properties to his family Deities, mentioned above, by registered Arpannama. Last Shebayet Chitta Ranjan Das migrated to India in 1981 without making any ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......sion dated 6.8.92 as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....gun shots in front of Primary School situated in Ghat No. 5, Khulna. One Shaheb Ali Talukder lodged First Information Report with Khulna Police Station and P.S Case No. 32 dated 23.4.1995 was registered. During investigation of the case, the Officer-in-charge of Khulna police Station f......y;thing regarding the prosecution case. P.W. 17 Md. Rabiul Islam @ Rabi and P.W. 19 claimed that they saw the occurrence. We shall discuss their evidence later on P.W. 18 Dr. Md. Mayeen Uddin held post mortem examination of the dead body of deceased. P.W. 21 Md. Sabir Ahmed is a Magistrate who r......ruque alias Jamai Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....ed to Ali Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sold the same to one Abdul Karim Miajee by a registered deed of sale on 7th July, 1948 that subsequently the said Abdul Karim Miajee by register......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ...... and deciding the same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....l file and number and ultimately the suit was also decreed ex parte on 1.11.1994. 3. The defendants then filed an application under Order 9, Rule 13 of the Code of Civil Procedure, which was registered as Misc. Case No. 20 of 1996 with a prayer for condonation of delay. But the trial Court......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......nd others.... Appellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Naw..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....d was confirmed in a sole decree dated 13.6.1981 passed in Title Suit No. 51 of 1979 of the court of Munsif, Sadar, Bagerhat. 3. Manindra Nath Datta sold the suit land to the plaintiff by a registered kabala dated 1.3.1983, who mutated his name vide miscellaneous Case No. 29 of 1983....... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... Accordingly, the appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....on the defendant which resulted in an error in the decision of the suit. Mr. Nawab Ali further submitted that notice under section 106 of the Transfer of Property Act was served upon the defendant by registered post with acknowledgement due and the plaintiff also proved the service of notice Ext. 6,......ndant which resulted in an error in the decision of the suit. Mr. Nawab Ali further submitted that notice under section 106 of the Transfer of Property Act was served upon the defendant by registered post with acknowledgement due and the plaintiff also proved the service of notice Ext. 6, postal rec......ing Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Khan Sai..Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....tends to seek redress thereof under this section, shall observe the following procedure:- 1. The worker concerned shall submit his grievance to his employer, in writing, by registered post within fifteen days of the occurrence of the cause of such grievance and the emplo......ek redress thereof under this section, shall observe the following procedure:- 1. The worker concerned shall submit his grievance to his employer, in writing, by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall w......ding that the grievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....onal Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on the ground that he was the owner in possession of the same by registered documents when the Government took over possession thereof. The Kanungo in his endorseme......btaining the approval of the Government was taken in the case of appellant. 23. It is interesting to note that the notice of the assessment under section 7(aa) to the appellant was delivered post haste. The notice was signed on 24 January 1993 and it was served directly to him on the same ......tances we uphold the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......nal Land Requirement Council of the Ministry of Land held on 30.12.1989 it was decided that each and every Upazila shall have Assistant Land Officer from those who were working as Kanungoe and the post of said officer shall be upgraded as second class gazetted post. Subsequently, after some inte......e observations and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....taken in respect of the same for full one year. On 1.12.97 Abul Hashem Khan's lease was cancelled and the disputed plot was leased to appellant Bazlur Rahman. On 10.3.98 lease deed was executed and registered in favour of appellant Bazlur Rahman. On 23.8.98 Bazlur Rahman transferred the disp......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......e allowed without any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....erused the judgment of the High Court Division and other connected papers. 6. It appears that the High Court Division held that a Managing Director or an employee of Private Limited Company registered under the Companies Act, 1913 is a not public servant within the meaning of Section 21 o...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... allowed. 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....d perverse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-"A" registered kabala dated 02.05.1932 executed by admitted owner Kamini Bala Ghose in favour of Probo......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......tance in the submissions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....of 1954 of the First Court of Subordinate Judge, Dhaka. The plaintiff's father while in possession of his share in the disputed Dag made a gift to the plaintiff of the suit land (.11 decimals) by a registered Hiba-Bill-Ewaz Deed 2.6.1982 and delivered possession of the same to the plaintiff......r of the learned Subordinate Judge set aside by the impugned judgment and order. 10. At the hearing of this appeal it was found that the learned Advocates of the parties were not fully posted with the facts of the case and the law on the subject. The learned Additional Attorney Gener...... Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249=ILR 48 Cal. 832; Managing Committee Vs. O. R. Chowdhury 31 DLR (AD) (1979) 133; Charan Das Vs. Amir Khan A.I.R. 1921 P.C. 50; Keramat Ali Vs. Muhammad Younus Haji ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....ted Title Suit No. 317 of 1978 in the 1st Court of Munsif, Dhaka for specific performance of contract and the said suit was decreed ex parte on 18.7.1980. The respondent got the Kabala executed and registered through court on 3.11.1981. Further case of the respondent is that she has been for......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......ned Additional Attorney General submits that such matters have been set at rest by this Division in the case of C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others reported in 47 DLR (AD) 71 wherein it has been held that the decree in the suit for specific performance of contract wi..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......he first part of section 4 of the Act provides for appoint and also granting license to the Nakah Registrar and accordingly by Memo dated 6.6.2000 the appellant was reinstated in his previous post of temporary Nikah Registrar of No. 9 Goalirchar Union and in any view of the matter quoting o...... judgment and order passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..Category: Civil Law | Date: | Hits: 133