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Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

.... the suit plot which has been shown in the C.S. Khatian (Ext.1). After death of Cherag Ali his heirs sold 30 decimals land of the suit plot to Rajkumar Bhattacherjee and his three other brothers by registered kabala on 03.02.1941 vide Exb.2; Later on said Rajkumar Bhattacherjee and his three othe......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ...... Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (AD) 71. Lawyers Involved: Mahbubey Alam, Senior Advocated, instructed by Chy. Md. Zah..

Category: Property Law | Date: | Hits: 31

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....e appellant dismissed the Respondent No. 2 on 21.8.1984 and he received the said order of dismissal on 30.8.1984, that Respondent No. 2 sent grievance petition as against the order of dismissal by registered post on 11.9.1984 and also by special messenger, that the appellant did not reply to his......ated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to rein­state the Respondent No. 2 (first party before the Labour Court) in the service in his former post with full back wages. 2. The Respondent No. 2 filed the afore­mentioned Complaint C...... The appellant is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the ......ef sought. The learned Additional Attorney General, appearing for the Government petitioner, submits that the law officer who represented the Government in the High Court Division was not posted with facts. The correct facts have now been brought to the notice on the basis of official ...... 27.6.1996 passed by the High Court Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..

Category: Property Law | Date: | Hits: 35

Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)

....ain placed the cheque for encashment on 9.3.2006 and 10.4.2006 and on these occasions the cheque was also returned with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds received on 27.4.2006 and after wai......the cheque for encashment on 9.3.2006 and 10.4.2006 and on these occasions the cheque was also returned with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds received on 27.4.2006 and after waiting for th......nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 47

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... 11. The facts of the said case was that in the background of shortage of sugar in the country the Government by public notice decided to allow import of sugar under Wage Earner's Scheme. All registered importers having valid import registration certificate were allowed to open Letter of Cr...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... others...........Appellants Vs. Mr. Mahfuzul Huq..... Respondent Judgment September 26, 2007. Cases Referred to- Collector of Customs Vs. A. Hannan42 DLR (AD) 167; Collector of Customs Vs. Ahmed Hossain and 39 others 48 DLR (AD) 1995; BLC (AD) 13; Mostaf..

Category: Fiscal/Taxation Law | Date: | Hits: 74

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....vities round by Bagarpara bazar. There is a bus running highway road from Jessore to Narail. There is a Government Primary School, a two storied High School, a Madrasa, a hospital, a Post Office, a registered former Club, Kazi Office, Mosque, Kali Mandir and renowned old and large hut and bazar a......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ...... the, above we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..

Category: Others | Date: | Hits: 87

Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and oth­ers, 2008, 37 CLC (AD)

....ar land their khas land and settled 1.00 acre to each of the defendants on yearly basis and in 1974 the Government permanently settled this land with the landless peasants including the defendants by registered lease deeds, that this defendants mutated their names, paid rent to the Government and po......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......t and they have been in possession for long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..

Category: Property Law | Date: | Hits: 37

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ...... absolute in part. 2. Short facts as placed before the High Court Division are that the writ petitioner is a citizen of Bangladesh by birth and graduated from Dhaka University and obtained his post graduation from the same University in 1982. He was appointed as Assistant Director (Administ......ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....onstitution and as to why the petitioner Sabera Aman should not be enlarged on bail in Kafrul Police Station Case No. 15(3) 2007 dated 6.3.2007 corresponding to ACC G.R. No. 12 of 2007 which has been registered as Special Case No.1 of 2007 and convicted under sections 27(1) of the Anti Corruption Co......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......bail bond executed in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Simon Singh Vs. State, 2008, 37 CLC (AD)

....th in Sessions Case No.260 of 2002 by the judgment and order dated 29-01-2003 submitted the proceedings to the High Court Division for confirmation and thereupon the Death Reference No.12 of 2003 was registered. The convict filed Criminal Appeal No. 284 of 2003 through an Advocate of his choice and ......isited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and recorde......e to appeal, we find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..

Category: Criminal Law | Date: | Hits: 47

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... in respect of after clarifying the confusion that was created. It was clearly stated in the said memo that the aforesaid officers and employees would be treated as "new recruits" in the posts to which they are given nomination by the Ministry of Establishment. The learned Additional A......ing the same to another although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..

Category: Employment/Service Law | Date: | Hits: 119

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....llenging the impugned notice dated 30-4-94. It is their case that Anwar Rahim and Akhter Rahim themselves and as "attorney of their sister Mrs. Razia Rahim, respondent No. 4 duly executed and registered the sale deed in favour of the appellants. The plan was sanctioned in 1989 and in 1993 w......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......nterference with the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..

Category: Property Law | Date: | Hits: 35

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... sheet on 15.9.74 under section 6 of the Control of Essential Commodities Act, 1956 (Act No.1 of 1956) read with Section 25 of the Special Powers Act, 1974 and then Special Case No. 17 of 1974 was registered against Nikunja Bihari and another under section 25(1) of the Special Powers Act and Nik...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......is acquitted and he be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)

....ith her two sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwar by a registered deed dated 15.02.1987 from accused No. 2 Abdul Latif @ Hanif. Thereafter, the said accus......e or error appar­ent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......point out any mistake or error appar­ent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..

Category: Criminal Law | Date: | Hits: 47

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....it Locker of the State Bank of India at its main branch, Calcutta. She having died, her husband the opposite party herein applied for succession certificate in respect of the said goods, which was registered as Act 39 Case No. 414/78. After the filing of the said application a question was raise......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......o not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)

.... regis­tered on her, she died leaving behind her son Abul Hossain and husband Mojiruddin as her heirs who while had been in possession sold the same to the original plaintiff on 28.8.1961 by a registered kabala; that the suit property was wrongly recorded in the name of defendant Nos.1 and 2......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......e suit back on remand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..

Category: Property Law | Date: | Hits: 33

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....sp; While the shares of Radhakanta and Amullya went to their brother, Gopal Chandra who settled their respective shares in the disputed property with Laxmi Kanta Sil, father of the plaintiffs by 3 registered patta during the period from 1952-53. Laxmi Kanta possessed the suit land and got his na...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......oper judgment of reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..

Category: Property Law | Date: | Hits: 82

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

..... 11. The learned Advocate for the appel­lants argued that the deed of agreement dated 28.04.1971 between Md. Younus Ali, Sajeda Khatun and Zaitun Nessa and Md. Younus Chandana was an unregistered one and as such as per provisions of section 107 of the Transfer of Property Act the sam...... were not avail­able and accordingly defendant offered rent for the months of January and February, 1994 on 01.03.1994 but the landlord refused to accept rent and thereupon rent was remitted by postal money order on 01.03.1994 and 06.03.1994 for the respective months and the money orders so s...... the defendants are guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

....ating to the effect that while said Debendra Chandra Sharma had been owning and possessing the land described in 1(ka) and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in sched­ule 3 (ka) of ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... Cases Referred to- Fazlul Haque vs. Noor Mia 12 DLR (HC), 19 DLR (HC) at page 188; Barada sundari vs. Makhan Chandra Das 6 BLT; Abdul Matin Chowdhury Vs. Chapala Rani and others 5 BLD (AD) at page 172 Lawyers Involved: Md. Amir Hossain, Advocate-on-Record-For the Appel..

Category: Property Law | Date: | Hits: 27

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

.... filed Miscellaneous case No. 1 of 1992 seeking pre­emption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the ca......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......lant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- Feroza Majid Vs. Jiban Bima Corporation reported in 39 DLR (AD) 78; Abdur Rashid Vs. Momtaz Ali Karikar 44 DLR (AD) 270; 36 DLR (AD) 1;51 CWN, 644. Lawy..

Category: Property Law | Date: | Hits: 44