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Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......ich would be apparent from the reports and the tender documents. Mr. Mahbubey Alam contended that the learned Joint District Judge on a thorough consideration of the reports with the oral evidence on record rightly came to a definite finding that these reports are apparently perfuncto­ry but the Hi......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

..... It is true that the allegation has been made on the recovery of 100 vials of Indian Phensidyl syrup but for the prosecution under section 25B of the Special Powers Act or for possession of smuggled goods a report must be there from a police officer not below the rank of Sub­-Inspector. But in the......ion under section 25B(2) of the Special Powers Act was framed against the appellants and to prove the accusation five witnesses were examined. The Special Tribunal on consideration of the evidence on record found the appellants guilty of the accusation under section 25B(2) of the Special Powers Act ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..

Category: Criminal Law | Date: | Hits: 60

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......enjoins upon the defendants to present a written statement of his defence before the first hearing or within such time not exceeding 2 months as the Court may permit. In this case it appears from the record that the trial Court granted several dates for filing the written statement and as it was fil......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......this judgment. 3. The petitioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS khatian. Subsequently Fazar Rahman, the heir of......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....port by the appellant and secondly, when P.W.2 came to know that she has been transferred she being enraged with that order of transfer approached P.W.1 and both of them hatched upon a plan to give a good lesson the appellant and this divergent evidence on the point of time of occurrence indicates t......llant took action against said Rezia Khatun the informant in connivance with Rezia Khatun hatched upon a plan and initiated the present proceeding. The trial Court on consideration of the evidence on record found the appellant guilty of the charge levelled against him and he convicted and sentenced ......itnesses the prosecution examined 2 witnesses of the office of die appellant and they are P.Ws. 6 and 7 to prove the recovery of two signed currency notes. Admittedly, these two witnesses were in the service at the office of the appellant at the relevant time. Though no other independent witness was..

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....air means in the SSC Examination, 1988 consisting of three members but the said report did not adequately cover the allegations made by the Head Examiner concerned and the said report was accepted on good faith and the result of the petitioner was also published, as the result of all the four Educat......document and the names of the witnesses were not disclosed to him nor even the names of the members of the Inquiry Committee. The petitioner was not given any opportunity to see what was the evidence recorded against him and he was not allowed either to cross examine or to confront the witnesses to ......titioner's father (c) to take appropriate action to remove Mr. Nur Mohammad, the Headmaster of Babuganj Pilot High School (Respondent No.3) and Mr. Md. Ishaque, Senior Teacher of the said school from service. The allegations brought against the petitioner are based on findings arrived at by the Inqu..

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...

Category: Criminal Law | Date: | Hits: 52

Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)

.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......nd the accused were examined under Section 342 of the Code of Criminal Procedure when they again pleaded not guilty, but did not lead any evidence. After considering all the evidence and materials on record, the learned Additional Sessions Judge, Jamalpur convicted and sentenced the convict appellan...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......ment of the High Court Division. 7. We have heard the learned counsel and perused the connected papers including the impugned judgment. The High Court Division on consideration of the materials on record held that the plaintiff did not per­form his part of obligation and make pay­ment of Tk. 25......ment to sell the property in order to repay the debt of Tk.9,14,00,000/- and knowing full well about the debt, the plaintiff failed to pay the balance consideration within the stipulated time despite service of notice in that regard and that finding no other alter­native, the defendant No.5 sold th..

Category: Civil Law | Date: | Hits: 93

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ...... 14 witnesses. Besides the oral evidence, the prosecution has also relied upon the confessional state­ments of accused Mouza Ali and Mokles Ali. The Special Tribunal on assessment of the evidence on record found the accused-respondents guilty of the charges and sentenced them to rigorous imprison­......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..

Category: Criminal Law | Date: | Hits: 64

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......tatement con­tending, inter alia, that the suit as framed and filed is not maintainable inasmuch as the plaintiffs have no cause of action. 4. The trial Court on consideration of the materials on record and the submissions of the learned Advocates of the respective parties dismissed the suit on ......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......ide the auc­tion sale which was decreed on compro­mise and the sale was set aside. The plain­tiffs further alleged that during preparation of P.R.R. Khatian, at the initial stage the suit land was recorded in the name of the plaintiffs but in final record the suit land was recorded wrongly in the......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ..

Category: Property Law | Date: | Hits: 76

Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)

....d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......কিনা ? ৪। দরখাস্তকারী কোন প্রতিকার পাইতে হকদার কিনা”? 4. On consideration of the materials and evidences on record the trial Court found all the issues against the defendant-peti­tioners and in particular th......d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...

Category: Procedural Law | Date: | Hits: 66

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......he plaint is not binding upon him. His case in short is that Sultan Khan, the original owner of the suit land gifted the suit land to him but during the field survey operation some lands were wrongly recorded in the name of Alam Khan and taking advantage of wrong recording, the latter transferred th......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ..

Category: Property Law | Date: | Hits: 87

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

..... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ......section 24 of the Non-Agricultural Tenancy Act, 1949 against Saraswati Rani Paul, the predeces­sor-in-interest of the respondent Nos. 1 (Ka) and 1(Kha) claiming that he is a co-sharer in the tenancy recorded in C.S. Khatian No. 323 of Mouza Mymensingh Town. The opposite party No.2 in the pre-emptio......ication, Jugendra Mohan Deb, was a co-sharer in the said tenancy and he sold the case land to the predecessor of the respondents, a stranger, on 17th May 1961 at a consideration of Tk. 5000/- without service of notice. 3. The pre-emptee respondent contested the case by filing written objection c..

Category: Procedural Law | Date: | Hits: 76

Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......instant suit being a suit for permanent injunction and the suit land having not been described for passing effective decree of permanent injunction thus committed an error apparent on the face of the record in passing a decree of permanent injunction in respect of the suit land. The learned Counsel ...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ..

Category: Property Law | Date: | Hits: 50

Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)

....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......? ৫। বাদীপক্ষ আর কি কি প্রতিকার পাইতে পারেন? তাহা পাওয়ার”। and on consideration of the materials on record and the submissions made by the learned Advocates of the contesting parties dismissed the sui......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..

Category: Property Law | Date: | Hits: 60

Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)

....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......itioner challenged the said order by a writ petition before the High Court Division, which made the rule absolute and quashed the order of the Chief Metropolitan Magistrate. In the meantime, the case record was sent to the Metropolitan Special Judge for trial where Special Case No.5 of 2008 was reg......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..

Category: Criminal Law | Date: | Hits: 136

Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......g for the petition­er and Mr. Fida M. Kamal, learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. The learned Counsel for the petitioner submits that the High Court Division erred in ......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...

Category: Employment/Service Law | Date: | Hits: 85

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ...... and decree passed by the appellate Court below in Civil Revision No.588 of 2002, and the High Court Division issued Rule thereon. 7. The High Court Division on considera­tion of the materials on record and submis­sions of the learned Advocates of the con­testing parties made the Rule absolute......ommittee of the Madrasha was made party in the suit and that no step was taken for adding them as parties. The appellate Court also observed that vide Exts. 'Ga' and ‘Gha’ series respectively the service of show cause notice upon the plaintiff and acknowledgment thereof have been proved and that..

Category: Employment/Service Law | Date: | Hits: 55