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Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... for addition of party of the present petitioner and disposing of Civil Rule No. 74(R) of 2004 arising of the said civil revision which was filed against Order No. 23 dated 13.10.2003 passed by the Assistant Judge, Nawabganj in Title Execution Case No. 04 of 2000 rejecting the application of the ..

Category: Property Law | Date: | Hits: 33

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......ment dated 16.03.2005 passed by the High Court Division in Civil Revision No. 5933 of 2001 discharging the rule and thereby affirming the order No. 30 dated 30.10.2001 passed by the learned Senior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandator..

Category: Civil Law | Date: | Hits: 120

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the respondent No.1 (Ka) to 1 (Tha) instituted Miscellaneous Case No. 15 of 1999 before the Assistant Judge, Beanibazar claiming pre­emption under section 96 of the State Acquisition and..

Category: Property Law | Date: | Hits: 35

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......Bench of the High Court Division in Civil Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assistant Judge, Mithapukur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the pl..

Category: Employment/Service Law | Date: | Hits: 181

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... August 18, 2002 of a Single Bench of the High Court Division in Civil Revision No.1578 of 1999 discharging the Rule obtained against the judgment and decree dated April 8, 1999 of the 1st Court of Assistant Judge, Naogaon in Small Cause Courts Case No. 1 of 1992 decreeing the same. 2. Fac..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......t charge of Senior Deputy Director to respondent No. 4. 3. In Writ Petition No. 94 of 2003, the writ petitioner challenged the order dated 12-12-2002 promoting respondent No.4 to the post of Assistant Chief Hydrographer, Senior Deputy Director (Survey) BIWTA. 4. Short facts are that ..

Category: Employment/Service Law | Date: | Hits: 59

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ...... the land to the appellant by evicting the trespassers. Accordingly, the respondent No. 5 of the writ petition issued letter of handing over and taking over possession dated 12-10-2000 and the Sub-Assistant Engineer of the PWD. made purpor­ted delivery of possession to the appellant on the s..

Category: Property Law | Date: | Hits: 37

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, Advo­cates instructed by Md. Aftab Hossain, Advocate-on-Rccord—For the Appellants. B. Hossain, Assistant Attorney-General instruct­ed by M. R. Khan, Advocate-on-Record (Absent)— For the Respon..

Category: Criminal Law | Date: | Hits: 49

Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)

....order be forwarded to the Deputy Reg­istrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......re Bench, in Criminal Mis. Case No. 24 of 1985 refusing the accused-petitioners bail pending disposal of a revisional ap­plication against their conviction and sentence. 2. They were tried by the Assistant Sessions Judge, Jhenidah in Sessions Case No. 367 of 1982, and were convicted and sentence..

Category: Criminal Law | Date: | Hits: 40

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......n 17 Octo­ber 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appel­lants and one Ratan chandra Sarkar, Assistant of the District Fishery Office, alleging that they abetted the commission of forgery of th..

Category: Criminal Law | Date: | Hits: 45

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......f Customs. 28.2.1985—The respondent by his letter ad­dressed to the Collector of Customs requested him to clear the goods at the rate of 50% cus­toms duty and 10% sales tax. 16.3.1985—Assistant Collector of Cus­toms rejected respondent's prayer contending, in­ter alia, that the r..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......ts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17..

Category: Employment/Service Law | Date: | Hits: 80

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......nts did not care to finalise the same; the High Court Division, after hearing; by judgment and order dated 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by ..

Category: Property Law | Date: | Hits: 33

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......neous Case No. 7081 of 2003 summarily rejecting an applica­tion under Section 561A of the Code of Criminal Procedure in Criminal Miscellaneous case No. 7081 of 2002. 2. Md. Chand Mahmud, Assistant Inspector, District Bureau of Anti-corruption, Dhaka lodged a First Information Report wi..

Category: Criminal Law | Date: | Hits: 57

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......le Judge of the High Court Division in Civil Revision No. 705 of 1991 making the Rule absolute and setting aside the judgment and decree dated 28-7-90 passed by the learned S.C.C. Judge and Senior Assistant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed ..

Category: Property Law | Date: | Hits: 33

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Court of Subordinate Judge (now Joint District Judge), Jamalpur in Other Class Appeal No.50 of 1992 allowing the same upon reversing the judgment and decree dated June 29, 1992 of the Court of Senior Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was ..

Category: Property Law | Date: | Hits: 42

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......dated 2.2.1992 passed by the learned Subordinate Judge( now Joint District Judge), Jhenidah in Miscellaneous Appeal No. 29 of 1990 affirm­ing the judgment dated 12.3.1990 passed by the learned Assistant Judge, Kaligonj in Miscellaneous Case No.3 of 1990 rejecting the application filed under ..

Category: Property Law | Date: | Hits: 28

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ....... Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124..

Category: Property Law | Date: | Hits: 35

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......f justice. The impugned judg­ment is therefore wholly unsustainable. Now I proceed to the facts of the case. 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declara­tion that the order dated 11.8.1984 re..

Category: Employment/Service Law | Date: | Hits: 73

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... the land to the ap­pellant by evicting the trespassers. Accord­ingly, the respondent No.5 of the writ petition issued letter of handing over and taking over possession dated 12.10.2000 and the Sub-Assistant Engineer of the P.W.D. made pur­ported delivery of possession to the appellant on the sam..

Category: Property Law | Date: | Hits: 91