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Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....e purpose of establishing the district headquarters of Noakhali, but the government never took possession of the acquired lands and he purchased the suit land from the admitted owner by three registered kabalas dated 24.3.74 and 24. 12.77. Since then he has been in possession of the suit la......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ............. Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior, Advocate, instr..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......lant has also used exactly the same address of the respondent in the memorandum of appeal and as such the summons upon the respondent was sent in that address for service under registered post by court's office but the postal department returned that postal summon with the remark "...... hold that there is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......t leading to these appeals are that Md. Anwarul Islam, former Police Sergeant appellant in Civil Appeal No. 61 of 1997 filed Administrative Tribunal Case No.107 of 1991 alleging that earlier he was posted at eastern Police Post, Dhaka and on 20.6.1984 at dead of night while he was returning home ......dents (In Civil Appeal No. 61 of 1997) Judgment May 6, 2002. Cases Referred To- Quazi Nazrul Islam Vs. Bangladesh House Building finance Corporation and others 45 DLR (AD) 106. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shaha,..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....18,000/- the said Suresh Chandra Sen executed a bainapatra on 29.08.1980 in favour of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on receipt of the balance consideration money of Tk. 3,00......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......fore, we find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
....rder dated December 10, 1997 of the High Court Division in Criminal Miscellaneous Case No. 4691 of the 1997 (arose from G.R. Case No. 256 of 1997 of the Court of Magistrate, 1st Class, Munshiganj, registered in connection with Munshiganj P.S Case No. 18 dated 21.10.1997). The Munshiganj P.S. Cas...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......Court Division to allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ..Category: Criminal Law | Date: | Hits: 64
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......5C of the code of Criminal Procedure have been introduced after omitting chapter XVIII of the Code of Criminal Procedure, the application for discharge under Section 265C is not to accept merely as post office as a heavy responsibility and duty have been cast upon the Court under Section 26...... and cannot be legally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....uted by Ahmed Ali, father of Aju Meah. Basarat Ali died leaving a son by same Md. Shanchi and two daughters. Aju Meah and heirs of Basharat Ali received rent from Nasarat Ali and others by granting registered and unregistered receipts and thereby they admitted Nasarat Ali and others as tenants u......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......und of the discussion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....e daughters of Syed Siddique Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-em......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......gister deed was executed in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....al procedure. 3. The prosecution Case is that Sub-Inspector of police, Md. Muzibar Rahamn Mazumdar of Chauddagram police Station, lodged an F.I.R. on 4-3-1998 at about 8.25 P.M. which was registered as P.S. Case No. 3/56 wherein informant alleged that deceased Abdus Sattar Chowdhury had......g information he came from Chittagong and heard about the occurrence from his mother, P.W. 2 and others and then lodged the ejahar (Exhibit-1) with the local police Station. 4. On receipt of post mortem report of deceased and after completion of investigation police found prima-face case a...... arrived at by the High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....d Amena Khatun remained ignorant of the contents there of after corning to know about the two deeds of gift dated 31.1.41 and 1.5.51 she and Amena Khatun nullified the said deeds of gift by a registered deed of revocation dated 10.2.56 and she continued to keep in her possession all he......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......larity or illegality in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......petition. DESA has by orders dated 13.10.1997 treated the respondent No.1 to be Assistant Engineer with effect from 9.12.1978 i.e. from the date of his original appointment and promoted him to the post Executive Engineer without considering the cases of the appellants and other employees wh......e appeal is allowed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and 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 not a public servant within the meaning of Section 21 o......d. 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: 1 ADC (2004) 277. ......f 1996 are allowed. 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: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ognizance of the offence being illegal the proceeding is liable to be quashed. Placing us the petition of complaint he submits that a statement has been made therein that a notice has been sent by post but there is nothing as to the date of receipt of the notice by the accused and there being no...... Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referred to- Habibur Rahman Hawlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain Vs. Md. Shafiul Alam, (Chand) 51 DLR (AD) 218, 51 DLR (AD) 218. ..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....ated November 12,1992 of the 4th court of Additional Sessions Judge, Dhaka and Special Tribunal No.5, Dhaka, passed in Special Tribunal Case No. 559 of 1992 (arising from G.R. Case No. 452 of 1992, registered in connection with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another u...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......s dismissed upon reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....n' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition of complaint. A case registered upon lodging of an Ejaher in a police sta......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......nt files an appeal. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....alia, that the suit plot was recorded in S. A khatian No.133 in the names of the heirs of Yad Ali, the son. If Yad Ali sold 9¾ decimals of land from Plot No. 1497 to one Abul Baser by registered Kabala dated 18.8.67 Shammeher Begum Wife of Abul Basher by Kabala Dated 23.8.67 also pu......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......them but subsequently at the instance of the same quarter again order was passed for eviction of the plaintiffs from the suit land and the plaintiffs on 21.7.92 came to learn that the office of the ADC (Rev) is going to take immediate action to evict the plaintiffs from the suit land with in a da..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......dent No.1 after obtaining degree in Civil Engineering joined on 25th September 1961 as Assistant Engineer in the then East Pakistan Water and power Development Board and while was holding the post of sub Divisional engineer he left the said organization and joined on 1st December, 1966 as D......ithout any order as to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....he land in suit i.e. 4½ decimals of land in pursuance of the permission of his father and Yakub Ali was alive till 1977 and as such there is no scope to say that the kabala executed and registered by Yakub Ali and Ishaue are fraudulent. As against the judgment of the appellate c...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......nt of the High Court Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......tinue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the Chairman which was in existence from before empowerin......of Mr. Mozammal Huq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..Category: Trust/Waqf Law | Date: | Hits: 200
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... materials brought on record by the parties noticed that in the gradation list prepared in 1982 Respondent Nos.1-3 were placed above the appellant. The Respondent Nos.1-3 were promoted to the post of Executive Engineer with effect from 27.1.1977 and the appellant was promoted to the post of......f our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72