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....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
...... Government for passing the previous order of detention on 6-11-93.
7. The facts alleged in the application by the Petitioner have not been challenged and denied by the opposite parties. From the records also it appears that an order of detention directing the detenu to be detained for a period ......he mala fide nature of this observation is evident from the fact that in compliance to the order of this court dated 29‑11‑93 the detenu was not at all released but was still in custody until the service of the present impugned order of detention passed on 1‑12‑93. Moreover, the absence of a..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....possession of the homestead far beyond 12 years, to the knowledge of all, including the plaintiff and his predecessor-in-interest. Thus in addition to their title, the defendants otherwise acquired a good title by adverse possession. The plaintiff as an influential man of the locality, in his bid to...... suit Plot, stating that .28 acre land of Plot No. appertaining to S.A. Khatian No. 227 of Mouza Guatala under district Madaripur originally belonged to Kailas Chandra Saha and others. R.S. and S.A. records accordingly were prepared in their names. As one of the co-sharers of the suit holding fell ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......it is difficult to prove the same. In the instant case though Mr. Moudud Ahmed argued at length on the ground of mala fide, yet we find that such an allegation could not be proved by any materials on record and, as such, it is difficult to accept the above contention of Mr. Moudud Ahmed. The Chancel......ioner was running the administration of the Rajshahi University peacefully, an order of removal was passed by the Chancellor on 16-2-97 issued through the Ministry of Education relieving him from his service and posting him in his former position as professor in the Department of Chemistry and also ..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ....... We have considered the submissions of the learned Counsel for the petitioners in all the cases and perused the impugned judgments and orders of the High Court Division and other connected papers on record and we find merit in the submissions of the learned Counsel for the petitioner. 10. Accord......nted at various times in different posts at various places of the country where BADC is running its project and/or offices. By notification memos issued to the writ petitioners on various dates their service was terminated, which the writ petitioners challenged in their respective writ petitions. ..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......er section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for causing monetary loss of Tk.20,43,250/- to the Dhaka Shishu Hospital by abusing his power. 4. On 15.01.2009 the case record of Shahbagh Police Station Case No. 22(10)08 was placed before the learned Judge of the Metro......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. .......5 and 6 for declaration of their title to the suit land and for further declaration that the deed dated 04.12.1997 in respect of the suit land was not binding upon the them and for correction of the record of rights in respect of the suit land. 3. The plaint case, in short, was that an area meas...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
....
6. Mr. Mahmudul Islam, appearing for the caveators, on the other hand, contended that the High Court Division on a proper consideration of the materials on record discharged the rule on assigning good reasons and that the principles of law argued in Bangladesh Parjatan Corporation Vs. Shahid H...... required an inquiry to the allegations.
6. Mr. Mahmudul Islam, appearing for the caveators, on the other hand, contended that the High Court Division on a proper consideration of the materials on record discharged the rule on assigning good reasons and that the principles of law argued in Bang......s Retirement Act, 1974 so far as it relates to the provisions for retirement and re-employment of public servants will be applicable, which does not provide for termination of an employee in public service without following the procedures provided by law. The writ petitioners were terminated fro..
Category: Employment/Service Law | Date: | Hits: 97
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......r property. As the plaintiff was staying at different places in connection with his service, he failed to attend during B.S. survey at home. Taking advantage of his absence, the defendants managed to record their names, which clouded his title in the suit land. Mohendra Lal Das transferred to his ...... 1928. Josoda Kumari while enjoying right, title and possession died leaving the plaintiff as only son to inherit her property. As the plaintiff was staying at different places in connection with his service, he failed to attend during B.S. survey at home. Taking advantage of his absence, the defend..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......ary for disposal of the leave petition are as under: 3. Respondent No.1 as plaintiff instituted Title Suit No.11 of 2001 in the Court of Assistant Judge, Singair, Manikganj for declaration that RS record was wrong and also for partition contending, inter alia, that the suit land belonged to Rashu......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
....dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......ive Tribunal, Dhaka in Administrative Tribunal Case No.172 of 1997. 3. Respondent, a constable in the police department, moved the Administrative Tribunal against an order of removing him from the service. His case in short is that he was posted at Chakbazar Police outpost of Chittagong Metropoli..Category: Administrative Law | Date: | Hits: 163
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ...... when the pre-emptee plucked coconut from the coconut tree standing on the case holding. Since there is judgment of reversal, the High Court Division felt it necessary to reassess the evidence on record on the point of date of knowledge claimed by the pre-emptors and after such assessment came t......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......982. The contention of the learned counsel for the petitioners merits consideration. Leave is, therefore, granted to consider on ground No.III and additional grounds as under: "I. Because the service of the writ petitioners guided by the Bangladesh Water Development Board (Employee) Service ..Category: Employment/Service Law | Date: | Hits: 94
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......3. Admittedly the petitioner went on LPR on 15th May, 1998 and he instituted the petition just four days prior to that date. The Administrative Appellate-Tribunal on consideration of the materials on record observed that the cause of action for filing the petition arose on 23rd December, 1997 when t......tion and therefore, the petition is barred under the proviso to section 4(2) of the Administrative Appellate Tribunal. The Administrative Appellate Tribunal held that the petitioner was not in active service from 1st October, 1982 to 6th June, 1996 and therefore, he was not entitled to promotion t..Category: Administrative Law | Date: | Hits: 194
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......o the plaintiffs by a registered sale deed dated 12.05.1970, but in that sale deed also mistakenly plot No. 1549 was written in lieu of plot No.1548. During R.S. operation the suit land was wrongly recorded in the name of defendant No.3 and her mother Sona Lakhshmi although they had never claimed ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......er the suit land was handed over to him. The High Court Division further observed that regarding claim and counter claim of forgery of the deed in question no oral evidence was available with the records, the only evidence available in the record was that the defendants in the criminal case admi...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... order of the High Court Division in Writ Petition No.5789 of 2008. 2. Respondent Nos.1-11 instituted the above writ petition in the High Court Division seeking a direction for regularizing their service against the posts advertised on the doctrine of legitimate expectation. Their case in short ..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......ase charge‑sheet was submitted by the police under the aforesaid sections of the Penal Code. Section 241A of the Code of Criminal Procedure provides that if the Magistrate on consideration of the record of the case and the documents submitted therewith and making such examination, if any, of t...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....h might lead the Court to disbelieve the contention of the plaintiff-petitioner respondent." Upon so holding it further concluded that on the face of admission of P.W. 4 and P.Ws. 5‑7 who were good men their evidence cannot be disbelieved. The lower appellate Court further held that thus, on ......gainst that order the petitioners preferred Misc. Appeal No.89 of 1984 which was on contest dismissed by the order impugned. 3. Dr. Ahmed Hossain submits that the learned Subordinate Judge without recording a definite date as to when the order of temporary injunction was disobeyed by the petition......aw and resulted in occasioning failure of justice inasmuch as the Courts below failed to take into consideration the material aspect as to the date of cutting of the paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....plaintiff has been out of his money for a period, the usual order is that the defendant should pay interest for the time for which the sum has been outstanding. No exception should be made except for good reason." This observation was quoted from the judgment of Panchard Vs. Pagnan (1974) 1 Lloyd......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
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