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Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......he said promotion the selection Committee as well as the Board promoted the Respondent Nos. 3 and 4 superseding the writ petitioners in spite of the fact that they were appointed as Lower Division Assistant and Calligraphist on 17.7.11970 and 26.4.1969 respectively and the Respondent Nos. 3 and ..

Category: Employment/Service Law | Date: | Hits: 54

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......o his narration and assertion and he signed the same. In his deposition however Sakhawat Hossain as P.W 1 in the latter suit admitted that he is husband of plaintiff No. 4 and that he was the head Assistant in the Relief and Rehabilitation Department and stated that there in no existence of L.A...

Category: Property Law | Date: | Hits: 39

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......ree dated March 15, 1990 of the Court of Additional District Judge, Kushtia in Title Appeal No. 147 of 1986 affirming the judg­ment and decree dated June 5, 1986 of the 1st Court of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decree­ing the same. The suit was filed s..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....r Farukur Rahman @ Farook fired at Hafez Shaikh Md. Abdul Wahed with a pipe Gun who fill down on the ground. Thereafter, accused persons fled away scaling wall. The injured person was taken to City Nursing Home and then to Khulna Sadar Hospital. While they were going to Khulna Sadar Hospital aga......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... case, in nutshell, is that informant P.W. 1 Abdur Rahman of vil­lage Kashimpur under police Station Godagari Rajshahi lodged with Godagari P.S an 13-03-1991 alleging, inter alia, that he is an Assistant Teacher of Prizpur High School and lives with his wife Mst. Rokeya Khatun and two minor s..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

.... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......Division can not be sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issue..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

.... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......gly. 2. The case of the writ petitioner, in short, is that the writ petitioner respondent No. 1 joined in the Department of Architecture, BUET as lecturer on 15.09.1980 and was appointed as Assistant Professor on 26.12.1985 and as Associate Professor on 02.12. 1989. The authority advertis..

Category: Employment/Service Law | Date: | Hits: 87

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along wit..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ree dated May 16,1989 of the 2nd Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Appeal No.12 of 1989 reversing the Judgment and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was file..

Category: Property Law | Date: | Hits: 43

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......e materials on record. 16. It appears from the impugned judg­ment of the High Court Division that no affidavit-in- opposition was filed on behalf of the Writ respondents and the learned Assistant Attorney General appearing on behalf of the Writ respondents did not oppose the rules. Th..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

....er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ed July 16,1995 of the 2nd Court of Subordinate Judge (now Joint District Judge) pirojpur in Title Appeal No. 153 of 1993 affirming the judgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was fil..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......, 19, 1984 of the Court of Subordinate Judge (now Joint District Judge), Nawabganj in Title Appeal No. 176 of 1982 reversing the judgment and decree dated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The su..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......he rule absolute. 2. The respondent (Writ petitioner) filed The Lawyers Writ Petition No. 4892 of 2003 stating, inter alia, that he joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1981 and from time to time was promoted to various posts and lastl..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......ing her abroad. One Dr. M. Mainul Haque also wrote to the Secretary, Ministry of Foreign Affairs as well as to Secretary, ERD, Ministry of Finance on 16.8.1994 stating that Dr. Jhunu Shamsun Nahar, Assistant Professor, IPGMR, Dhaka is his wife though she is living separately for about a year and..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the ..

Category: Property Law | Date: | Hits: 41

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......nd Court of Subordinate Judge (now Joint District Judge), Dhaka, in Title Appeal No. 77 of 1989 decreeing the suit upon reversing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The sui..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......the learned Subordinate Judge (now Joint District Judge), 4th Court, Mymensingh in Title Appeal No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that t..

Category: Property Law | Date: | Hits: 34

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......workers as their members; the petitioner by their letter dated 15.4.88 having informed the respondent No.3 about the above lay-off and retrenchment the respondent No.3 caused an enquiry through the Assistant Director of Labour, Regional Labour Office, Chandpur, and on the basis of the report subm..

Category: Labour and Industrial Law | Date: | Hits: 131

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......gment and decree dated February 26, 1995 of the 2nd Court of Additional District Judge. Chuadanga, in Title Appeal No. 22 of 1994 affirming those of dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was fi..

Category: Property Law | Date: | Hits: 48