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Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

.... was a stranger thereto. 3. In course of the proceedings of the suit defendant No. 6 died and his heirs were substituted in his place as defendant Nos.6 (ka) 6(uma). Defendant No.1 filed a written state­ment supporting the case of the plaintiff while defendant No.2 and defendant Nos. 6 (ka) - 6(......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ee of a non Government College appointed by the Government under P.O. No. 117 of 1972 is a body set up under a statute and as such it is amenable to the writ jurisdiction. 26. For the reason stated above we find little substance in this appeal. Accordingly it is dismissed without, however,......tion and contending, inter alia, that it is neither a Government, nor a local authority, as provided in the Constitution, and as such the High Court Division has no authority to interfere with its affairs under Article 102 of the Constitution. 4. The learned Judges of the High Court Divisi..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

.... No.2 filed Complaint Case No.40 of 1981 before the Second Labour Court, Dhaka challenging the order of discharge on several grounds and the said Labour Court allowed the case and ordered his re-instatement in service. The appel­lant's Writ Petition No.216 of 1985 chal­lenging the order ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....ared for and her whereabouts were not known on and from 28-2-72, which is amply justification for the proper­ty to be declared as abandoned. 4. The Government appellant as respon­dent stated in its affidavit in opposition that the case property belonged to the father of the writ pe......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..

Category: Property Law | Date: | Hits: 34

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... was also the Chairman of the Project Implementation Committee consti­tuted for the construction of 'vegetable shed' and in the background of the said fact, he had no pecuniary interest in the affairs of the Union Parishad and as such he has not acquired any disqualification under the  ..

Category: Election Law | Date: | Hits: 282

Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)

....ies caused by the accused persons. The local witness arrived on the spot and had seen the occurrence. The informant after receiving treatment went to Raipura Thana to lodge the FIR and on his oral statement Raipura Police Station Case No.19 dated 27.05.1996 under Sections 341/114/302/34 of Penal......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..

Category: Criminal Law | Date: | Hits: 47

Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)

.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... F.I.R., extraction of confession by the Magistrate after a prolonged detention of the accused respondent in police custody and for failure on the part of the trial court to bring the confessional statement to the notice of the accused respondent during his examination under section 342 of the C...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..

Category: Criminal Law | Date: | Hits: 58

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

.... no right, title and interest therein. 4. The appellant Government and the pres­ent respondent Nos. 2-4 the officers of the appellant, as defendants contested the suit by filing written statement denying the claim of the plaintiff as a raiyat in respect of the suit land and asserting......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..

Category: Property Law | Date: | Hits: 35

Janata Bank Vs. Md. Mofazzal Hossain and oth­ers, 1997, 26 CLC (AD)

.... justice in the departmental proceeding and accordingly dismissed the case. On appeal, being No. 52 of 1994 the Administrative Appellate Tribunal, Dhaka, set aside the order of the tribunal and reinstated respondent No. 1 with back pay and other benefits taking the view that the 'compe­tent a......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....ht and on payment of rent got dakilas and also realised rents from the tenants of the suit prop­erty. 4. Defendant Nos. 3 and 4 tenants of the suit property also filed a separate written state­ment stating that Lala Ram was the owner in possession of the property in suit and he ma......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great grand father of the plaintiff and the other wakf alal-......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..

Category: Property Law | Date: | Hits: 43

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....e with his conclusion but I like to add a few words as to the applicability of Article 13 of the Universal Declaration of Human Rights to the right of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declar......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....tion. 5. In reply Mr. A.B.M. Khairul Huq, learned Counsel for respondent No. 3, draws our attention to paragraph 4 of the Concise Statement filed by the said respondent in which it has been stated that respondent Nos. 3 and 4 contested the case by filing a written statement on 21-3-88. In......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..

Category: Administrative Law | Date: | Hits: 124

Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)

....6 of 1969 relating to the land in suit was collu­sive, fraudulent and not binding upon the plain­tiff. 3. The suit was contested by the defendant Nos. 1 and 2 by filing joint written statement denying the material averments made in the plaint taking the general pleas that the suit......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..

Category: Property Law | Date: | Hits: 37

Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)

....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..

Category: Criminal Law | Date: | Hits: 51

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

....sent appellants claim their interest in the disputed land, whereas the present respondents could not produce anything except disputed record of right to show that they were-Shebait of the debottar estate. The Subordinate Judge rightly obser­ved that whether Iswar Moni was the wife of Haridas ......agannath Dev Bigraha but they stopped delivering the crops to the deity. It was further contended that after the death of Haridas Bairagi, the respondents and their predecessors managed the affairs of the deity as defacto Shebait and the case land was correctly recorded in the name of the..

Category: Property Law | Date: | Hits: 28

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....hellip;Respondents Judgment September 5, 1985. The Bengal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....l was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants  did not deny the execu­tion of the deed in their written statement but their case was that the L.T.Is of defen­dant No.1 were obtained on blank stamp pa......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..

Category: Property Law | Date: | Hits: 25