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Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......2 recruited employees, 1487 officers and staffs would be transferred to the revenue budget on comple­tion of the project and that the Establishment Division sent recommendation of absorbing 854 posts including its incumbents with a con­dition that 170 employees would be directly transferr......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 56

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....rt Division against the aforesaid judgment and order of the Additional District Judge, 1st Court, Gazipur dated 21.11.2004 passed in Miscellaneous appeal No. 4 of 2003 and the said application was registered as Civil Revision No. 4504 of 2004 and rule was issued against the present petitioners. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

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. ......on and by another notification dated 17.08.1998 their services were confirmed with effect from 15.11.1995. 84 departmental Promoters including the writ respondent Nos. 5 to 53 were promoted to the post of Assistant Superintendents of Police by notifi­cation dated 14.12.1998 with effect from ...... 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. ..

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

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....ation's son Tofazzal as his foster son and Chowdhury got Tofazzal married with Khatemon in Baishakh, 1346 B.S., that Izzatullah Chowdhury sold the land of 'Kha' and 'Ga' schedule to Tofazzal by the registered kabala dated 25th Falgoon, 1345 B.S. corre­sponding to March 9, 1939, that Tofazzal ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ...... and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727...

Category: Property Law | Date: | Hits: 67

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

....y;dent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been executed and registered should be can­celled and the land covered by such proposal should be leased out in ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

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

....of sections 18 and 19 of the Premises Rent Control Ordinance, 1963 while instituting the house rent case. A notice under section 106 of the Transfer of Property Act was sent by the plaintiff under registered cover with acknowl­edgement due on 6-8-85 requesting the appel­lant to quit and ......ractice. Coming to know from some sources in January, 1982 that the suit premis­es was released in favour of the respondent the appellant sent the rents from November, 1981 to January, 1982 by postal money order to the plaintiff-respondent which however returned undelivered.  The  ......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. ..

Category: Property Law | Date: | Hits: 33

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

....stion in respect of the land mentioned therein, that the plaintiff obtained the certified copy of the kabala from the office of the sub-Registrar, Srimongal, that the plaintiff has not executed and registered the kabala in question, that though in the kabala value of the land has been mentioned ...... 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. ......udgment June 18, 2006. 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 ..

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. ......ment that during the pendency of the appeal before the Subordinate Judge the plaintiff filed a Government order dated 9.2.1988 confirming its decision to reinstate the plaintiff in his for­mer post which was accepted as additional evidence and marked Ext.19. The learned Subordinate Judge, ho......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. ..

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

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....re the citizen of Bangladesh and are sponsor contributor in the share capital of the respondent No.1 company namely Jumuna Bank Limited. That the respondent No.1 is a public company limited by shares registered and incorporated under the provisions of the Companies Act, 1994 (Act DVIII of 1994) in t......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....r and kept them there. 3. After submission of charge sheet, the case was sent to the court of Sessions Judge, Rajbari, which took cognizance thereof under sections 395/397 of the Penal Code, registered it as Sessions Case No. 27 of 1996 and framed charges on 18.8.1996 under section 395/397......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......in 1979. He was confirmed as Assistant Manager in 1980 and was promoted as Assistant General Manager on 02.04.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean service record. 3. The...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... basis of the said kabalas; the plaintiff has exchanged 1.19 acres of land out of the suit land with equal quantity of lands of the defen­dant No. 17 Shamsuddin for their mutual ben­efit by registered exchange deed dated 5.8.1974 and by virtue of the exchange, Shamsuddin took possession o...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ......d a draft list and in the said seniority list the writ petitioners have been placed on the top of the list who also appeared before Padannoti Nitimala committee to consider their promotion from the post of Assistant General manager to the post of Deputy General manager and from the posts of Seni...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

.... the neighbours suspec­ted that the dead body was that of the daughter of the condemned prisoner Mukter Hossain. On the basis of the written application initially an GD Case No. 14 of 1995 was registered with the Ghior Police Station. Sub-Inspector Zaminur Rahman visited the place of occurre......ere rooted, teeth were broken and her abdomen was torn. There was injury on the private organ of the dead body. He sent both the dead bodies to the morgue for autopsy and after having received the postmortem report lod­ged the FIR on 28-8-1995 and Ghior Police Station Case No. 10 of 1967 dat......ore, find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ons, Abdul Hakim, the plaintiff No. 1 and Badsha Miah and three daughters, Samina, Kulsum Bibi and Saro Bibi. Samina Bibi transferred her share in the suit land to the present respondent No. 1 by a registered deed. Abdul Mazid and Abdul Karim were the recorded owners of Dag No. 7431 in 12 annas ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ssing the suit are not at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

.... the inmates of the other huts of the house. 6. P.W.1 over the aforesaid incident lodged First Information Report on June 30th, 1990 and thereupon Melandaha P.S. Case No. 5 dated 30 June, 1990 was registered under sections 449/302/114 read with section 34 of the Penal Code. 7. The Investigatin......ormant (P.W.I), P.W.7 was the Upazila Magistrate who recorded the statements of P.Ws.2 and 6 and another witness under section 164 of the Code of Criminal Procedure, P.W.8 is the Doctor who conducted postmortem examination of the dead body, P.W.12, is the Constable who escorted the dead body to the ...............................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Mannan and others Vs. State, 44 DLR (AD) 60; Balak Ram and another vs. State of U.P., AIR 1974 (SC) 2165; Mst. Hamida Bano vs Ashiq Hussa..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

.... extension to consider the aforesaid representation dated 12.06.2005. 5. The three writ petitions were premised on a common factual context. One late Ershad Ali Chowdhury created a Waqf by registered document on 08.02.1995. By a stipulation in the Waqf deed the said Ershad Ali Chowdhury ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....arayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit la......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 28

Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)

....ion thereof and on his failure to perform the contract his vendor brought the Other Suit No. 167 of 1970 for specific performance of contract and obtained a decree on 24.02.1978 and also obtained a registered saf-kabala for it from the Court on 17.12.1981 in the Execution Case No.63 of 1979. By ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 51

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......a) Case No. 227 of 1992. The Administrative Tribunal (AT) by the said judgment allowed the case in part and thereupon declared that the petitioners are senior to the opposite party Nos. 4-11 in the post of Senior Accountant under the T & T Board and they are entitled to be considered for prom......ions, Bangladesh Secretariat, Ramna, Dhaka and others ........Respondents (In both the cases). Judgment April 22, 2007. Case Referred To- 2 BLD (AD) 16. Lawyers Involved: Abdur Rab Choudhury, Senior Advocate, instructe..

Category: Administrative Law | Date: | Hits: 125