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....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......y to appear before the Board with relevant records and witnesses. Sub-rule (2) provides that the Board shall examine the records and witnesses produced before it and may ask for clarification and put questions to witnesses and examine. Sub-Rule (3) provides that if after such examination the Board f......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256...
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310....... Special Powers Act, 1974. He pleaded not guilty to the charge under section 19A(f) of the Arms Act. The appellant took the defence that he had been falsely implicated by the police and the pistol in question was not recovered from him. His further defence was that he was office Secretary of Srami......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......minated. The Respondents are not engaged on monthly rated basis nor the Biman Corporation so contended, and, therefore, this provision has no manner of application in the instant cases. 5. The question is whether the law of master and servant will come into play at all. The employees of the P......the decision given in 29 DLR (SC), 41, is applicable in the case of termination simpliciter of an employee of a statutory corporation; and (3) Whether the finding of mala fide was justified on the facts found. 2. Facts are as follows:- Respondent Chowdhury Md. Yusuf was the petitioner in Wr..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......lared the aforesaid land as abandoned land under Section 92 (1C) of the State Acquisition and Tenancy Act. A Miscellaneous Case No.2/72-73 was filed by the appellant-company claiming that the land in question was leased out to it who have been possessing the same on payment of rent. The appellant-co......-company then moved the High Court under Article 102 of the Constitution challenging the impugned order on the ground that Section 92 of the State Acquisition and Tenancy Act did not apply to the facts of the case. The respondents, namely, the Government of Bangladesh, the Deputy Commissioner,..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
...... 8000, 4717, 5758, 7520, 5797. 5719, 7987, 7988, 7997, 7808, 7810, 5703, 5711, 7802, 7984 concerning in total 26.74 acres of land.
5. The claim of the petitioners in both cases is that the land in question belonged to the Ainuddin and Faizunnessa Waqf Estate which was created in the year 1864 and......mendment section 93A was reinserted in 1963 and the process of acquisition recommenced in the year 1965. Accordingly, all further proceeding of the LA Case was fully in accordance with law.
4. The facts of the case relevant for disposal of these Rules, in brief, are that the property concerned ..
Category: Property Law | Date: | Hits: 106
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ict Judge, Additional Court, Dhaka rejecting an application under Order 17 Rule 1(4) of the Code of Civil Procedure filed by this present petitioner praying for dismissal of the suit. 3. The short facts necessary for disposal of this civil petition for leave to appeal are that the opposite party ..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......cumstance the petitioner's case is liable to be dismissed. 4. The learned Judge of the Administrative Tribunal, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances dismissed that A.T. Case No.47 of 2002 by the judgment and order dated 27...Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......d at the time of its transfer to the pre-emptee and the pre-emptee after his purchase constructed his dwelling house thereon. The High Court Division thus held that since at the time of transfer in question the case land was admittedly, agricultural land there is no bar in allowing the pre-emption......appeal has been directed against the judgment and order dated 26.02.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2044 of 2002 discharging the rule. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......tally failed to prove the recovery of the arms and bullet from the exclusive control and possession of the petitioner. Adverse presumption under section 114 (g) of the Evidence Act is, essentially, a question of fact which is for the Court to arrive at a decision. It appears to us that non-examinati......vidence within the meaning of section 3 of the Evidence Act. In support of his contention, he relied upon the decision in the case of Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35. In view of above facts and circumstances the Rifle may be discharged. 9. We have gone through the application unde..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ধ্যে, ধারা ১১ এর বিধান সাপেক্ষে, আদালত বিচার কার্য সম্পন্ন করিবে৷ 14. Determination of the question, as to whether the time limit fixed in sub-section (3) of section 10 of the Ain is director......p Ratan Mandal filed an application for adding him as opposite party No.2 in this case. After hearing the said petition, this Court has been pleased to permit him to assist the state. 3. The short facts leading to filing of this case are that, the informant Arup Ratan Mandal had lodged a First In..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......ection (2) provides for post facto ratification of the acts done by the officers of the Commission during the period from 7.2.2007 to 24.2.2007, without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to...... that the very initiation of the proceeding is illegal and without jurisdiction as it is based on the notice dated 18.2.2007. He lastly submits that it is not at all necessary to go into the detailed facts of the case as the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamg..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... jurisdiction of the Court. In that case it has been held that since the suit was a mere declaratory suit, the value of the suit should be the value plaintiff opts for. 15. In the case in hand the question is whether the plaintiff is at liberty to put his own valuation in such a suit where the ob......e called a tenant and therefore where a suit is instituted for ejectment of a licensee, the value of the land cannot be the basis for valuation of the suit. Thus, I find decision of this case, in the facts or circumstances of the present case, is not applicable in the present suit. 12. In the cas..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......3. It appears from the deposition of P.W.1 Tashar Ali, the husband of the plaintiff in course of his examination in chief proved his custody of his documents which have been marked Exhibits. Now, the question that falls for determination is whether there is any scope to admit those private document ......is matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up for hearing no one appears on behalf of the petitioner.
3. The facts of the case relevant for the disposal of the Rule, in brief, are that the petitioner as plaint..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......d collusive deed by false personation and that by virtue of this deed of Gift, defendant acquired no right and title in the land concerned, so the plaintiffs prayed for a declaration that the deed in question is collusive, forged, ineffective and not binding upon the plaintiffs and they further pray......d Senior Assistant Judge, Sadar, Noakhali in Title Suit No.296 of 1994 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... Judge of the Tribunal gave elaborate reasoning in rejecting the appellants’ application for discharge. Whether the expired medicines were kept in the pharmacies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on su...... Tribunal gave elaborate reasoning in rejecting the appellants’ application for discharge. Whether the expired medicines were kept in the pharmacies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on such a defense ..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......n Chairman. Her daughter (meaning P.W.2) being abandoned by her (daughter’s) husband was residing at the house of Harun Chairman. On a previous occasion the appellant had rebuked her because of her questionable character that is why she (P.W.2) took position against him. 9. P.W.2 Parvin Akter, ......though supported the case, their evidence are contradictory and sometime inconsistent. Admittedly P.W.2 was sheltered by Harun Chairman, while P.W.3 was his brother and P.W.5 worked under him. In the facts and circumstances of the present case their evidence cannot form the basis of conviction again..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......tion has been filed seeking leave to appeal against the judgment and order dated 19.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4014 of 2008. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......Civil Revision No.3501 of 2005 analogously both these Petitions have been heard together and by this single judgment both the Civil Petitions for leave to Appeal will be disposed of. 2. Relevant facts necessary for disposal of these civil petitions are as follows: The respondent Nos.1 to 3, ..Category: Property Law | Date: | Hits: 72
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......o handover the possession of the case fisheries (Kawnai Nadi Chaunai Nadi Part) popularly known as "Kalapani" and "Kawnai Nadi Group" to the respondent No.4 of the writ petition.
2. The relevant facts, in brief, are that the fisheries named "Kawnai Nadi Group" and "Kawnai Nadi Chaunai Nadi Part..
Category: Property Law | Date: | Hits: 90
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