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Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......on dated 4th May, 1961 for the extension of agriculture in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 2003 decreed the suit. On appeal, the High Court Di...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... the judgment of this Division. 6. A review of the judgment lies on any of the grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery o......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......g for the petitioners and Mrs. Mahmuda Begum, learned Advocate-on-Record for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel appearing for the petitioner, submits......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ..Category: Property Law | Date: | Hits: 58
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......d for mandatory injunction to restore back possession of the suit land to the plaintiffs. 4. The plaint case, in short, is that the suit land belonged to Mahmuda Begum and accordingly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in possession of the suit land as ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... and findings to the effect that the defendant No.1, admittedly, being in possession of the land in question for more than 20 years on the basis of a unregistered sale deed dated 25.5.1974 acquired a good title in that land by virtue of adverse possession and that the right title and interest of the......occasioning failure of justice. (ii) Whether the High Court Division wrongly accepted the lower appellate court's misreading the deed and documents along with non consideration of evidence on records including the defendant's case of adverse possession committing an error of law occasion......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....tiffs created an agreement for sale in respect of 2.44 acres of land fixing the price at TK. 31,42,500.00 showing payment of TK. 2,00,000.00 as earnest money. Defendant No.1 executed the agreement on good faith believing it to have been drawn as per his term. There was no term for payment of TK. 3,0......herefore, the impugned judgment and decree calls for interference by this Court by granting leave. 7. From the judgment of the trial Court it appears that it, on consideration of the evidence on record, came to the clear finding that the plaintiffs failed to prove their case that the defendant ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......the Court of learned Senior Assistant Judge, Sadar Faridpur against the defendants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners of suit plot no....... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ...... open space conceived by RAJUK in its Dhaka Metropolitan Development Plan 1995-2015 does not tally with the proposition of the petitioner to keep open space for car park However, it is found from the record that RAJUK has further revised the lay out plan incorporating other adjacent plots being plot......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....igning personal guarantee of all the Directors namely, defendant Nos.2 to 7. The plaintiff Bank also advanced a sum of Taka 2.37 crores to defendant No.1 by way of pre-shipment credit to procure jute goods for export against foreign letter of credit but defendant No.1 failed to export the jute. As o......as not to his knowledge or could not be produced by him at the time of trial or when the decree was passed or order made and secondly, on account of some mistakes or error apparent on the face of the record or any other sufficient reasons. 14. Mr. SR Sharif, the learned Advocate, submits by refer......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
.... in the present case on the ground that the transfer is in exchange for a prayer‑mat which is admittedly non‑pecuniary consideration, that is, not in exchange for money. His contention could hold good only if the donees were within the three degrees of the consanguinity from the donor. 10. Bo......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......d not be declared to have been made without lawful authority and of no legal effect. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is a law graduate and entered into the service of Bangladesh Civil Service (Judicial) through competitive examination on merit basis and jo..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....half of the prosecution was filed before the learned Sessions Judge seeking exemption from examining those witnesses and the prayer was allowed by him by an order dated 17.9.1986. 23. Thus we find good reasons for non‑production of the said witnesses. Therefore, the question of drawing adverse ......ollege Hospital, the informant Makram Ali went to the Chattak police station and lodged the First Information Report on 9.8.1985 at 20‑00 hours i.e. 8‑00 PM. The Officer‑in‑Charge, Chattak PS recorded the First Information Report on the verbal statement of the informant. The police took up t......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......vision in Writ Petition No. 5465 of 2007 making the Rule absolute. 3. The writ petitioner-respondent No.1 Md. Amirul Islam filed the above writ petition challenging the order of his discharge from service vide Memo No. টিপিবিএস/১০০.২৫/২০০৭/১৭৩৩ dated 31.0..Category: Employment/Service Law | Date: | Hits: 53
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....nts like balance confirmation D.R Note, letter of arrangement, pledgement sheet credit facilities, promissory note, letter of disbursement, letter of guarantee, demand cash credit and hypothecation goods against the loan. The said predecessors of the respondents also registered a mortgage deed i...... from the account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the respondents as prayed for. 4. The trial Court on consideration of the evidence on record decreed the suit in-part, that is, allowed the claim of the plaintiff to the tune of TK. 4,13......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....ed and separated. He further stated that he carried this one piece of solenoid valve in the personal bag and due to his forgetfulness he forgot to deposit it on 12.12.83 in the store along with other goods including the 11 pieces of solenoid valve in the case. He further stated that immediately afte......e letter dated 25.2.84 which he received on 1.3.84. Being aggrieved he submitted the grievance petition on 8.3.84 but the grievances were not redressed. The petitioner's case is that the past service record of the respondent No.2 was not satisfactory and he was found guilty on the similar offence in......oner vide letter dated 25.2.84 which he received on 1.3.84. Being aggrieved he submitted the grievance petition on 8.3.84 but the grievances were not redressed. The petitioner's case is that the past service record of the respondent No.2 was not satisfactory and he was found guilty on the similar of..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....n Bazar he was able to compel the truck‑driver to stop the truck. The truck driver accused Md. Dulal Mia and the helper accused Siraj Mia tried to escape when they were caught, but the owner of the goods accused Shamsul Huq alias Disco and another accused Tafazzal succeeded to run away The truck w...... same submitted charge‑sheet on 13.2.1988 against the accused appellants and 3 others as stated above. 3. On receipt of the charge‑sheet, the learned Upazila Magistrate, Sylhet sent the case‑records to the learned Special Tribunal, Sylhet who after taking cognizance of the case under sectio......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......he present petitioner has not been sent up for trial by the police in that charge. He was discharged by the Magistrate vide his order dated 25.10.1986. The learned Magistrate thereafter sent the case records to the learned Assistant Sessions Judge, Noakhali and eve 11 the learned Sessions Judge held...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85