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Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....ving all structures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil by a registered deed No.351 on 12.01.1921. Sarat Chandra Ghose Ukil gave a registered Borga kabuliyat for......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... error nor has caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)

..... Accordingly, after receiving Tk.4,000/- Abdul Aziz executed a bainapatra in favour of the defendant No.1 on 15.09.1986. Thereafter, Abdul Aziz executed a sale deed on 29.09.1986 and the same was registered on 21.12.1986. The defendant No.1 has possessed the suit land and the plaintiff has no p......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 30

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

....ly gifted his entire share to his wife Bittah Bewa in lieu of dower money and delivered possession to her. Bittah Bewa transferred her entire share i.e. suit land to the defendant Abdul Karim by a registered patta dated 09.03.1953 and delivered possession. Since then the defendants have been in ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 39

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

.... of the jurisdiction by this Act conferred upon the Court, and in that case such District Court shall, as regard the jurisdiction so conferred, be the Court in respect of all companies having their registered office in the district. 15. Section 2(g) of the Companies Act 1994 provides that......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......ppellants for our interference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

....dina Jote right under the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-landlord of the suit Touji and said Bhuiyan sold the disputed land to one Abbas Ali by two registered sale deeds dated 13.5.1948. Subsequently, Abbas Ali sold .04 acres of land to the petit...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......from his service and also the letter dated 12-8-1998 stating, inter alia, that he, on 1-4-1995, was appointed as a teacher in the Rifles Public School and College, Dhaka and he was confirmed in his post on 17-2-1998 and his name was included in the MPO ensuring the Teacher's Index No. 470490; wh......r cannot be allowed to reagitate grounds agitated in the rejected leave petition……………(5) Case Referred to: Mafizul Haque vs Mofizur Rahman 48 DLR (AD) 121. Lawyers involved: Md. Noor-e-Alam Jahangir—Petitioner-in-person. ..

Category: Employment/Service Law | Date: | Hits: 68

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

.... then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registered on 11-12-1983 transferred the suit land to the plaintiff......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..

Category: Property Law | Date: | Hits: 37

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....myanti Vs. Union of India, AIR 1971 (SC) 966, the Indian Supreme Court struck down section 4 of the Hindi Sahitya Sammelan Act, 1962 which sought to induct into the Hindu Sahitya Sammelan, originally registered under the Societies Registration Act, 1860 as a Society for developing and promoting the ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ions be disposed of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

.... the Officer-in-Charge of the Police Station in presence of two Medical Officers of the Health Centre. This state­ment of the injured Mahmuda was treated as First In­formation Report and a case was registered thereup­on. The injured Mahmuda was removed to the Barisal Medical College Hospital for ......ead body by P W 16, who held autopsy on it at Sher-e-Bangla Medical College Hospital on 11-12-83. P W 15, an Assistant Sub-Inspector of Police, who held inquest on the dead body before he sent it for post-mortem examination also found similar injuries en the dead body. The injuries found by the post......ce is very lenient; but we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..

Category: Criminal Law | Date: | Hits: 50

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....2. The suit was filed stating, inter alia, that the property in suit was allotted to certain Aziz Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid in due tim......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... and another Vs. Mst. Katiji and others, AIR 1987 (SC) 1353; Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Government vs. Alauddin being dead his heirs, (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advoc..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

....C.C. suits against the appellants for their eviction as tenants from the suit land originally in the First Court of Munsif, Chittagong which on transfer to the First Court of Subordinate Judge was registered as S.C.C. suit Nos. 13-17 of 1988. 2. Plaintiff-appellants in their suit alleged,....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......p; ors…………......Respondents (In all Appeals) Judgment November 27, 1997 Cases Referred to- Hajee Abdus Sattar v. Mahiuddin & ors 38 DLR (AD) 97; Amritalal vs. Uttam Lal, AIR 1939 Calcutta 216. Lawyers Involved: S.R. Pal, Se..

Category: Property Law | Date: | Hits: 106

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......r Rigorous Imprisonment for 3(three) months. 2. The facts, in brief, leading to the leave petition are that the petitioner was serving in Dhaka General Post Office as a leadgerclerkand in the said post office an ordinary savings accounts in the name of one Oliur Rahman was opened with a deposit o...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....rriage with Titu and that she would be returned before evening. But ultimately she was not returned and then the informant lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl ......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 29

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. ......tion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situation. Promotion is to be earned by rendering meritorious   se......­ers, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others Vs. Bangladesh Oil, Gas and Mineral Corporation, 51 DLR, 104; 4 BLC (AD) 65; Secretary, Ministry of Communications, Road and Road Transport Division and another Vs. Md...

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

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....without any order as to cost. The impugned judgment 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. ......;        Syed J. R Mudassir Husain CJ .- This Appeal by leave at the instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls i......without any order as to cost. The impugned judgment 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. ..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......he 2nd Labour court, Dhaka on the averments made inter alia that he had been working as Laskor in the Bheramara Dredger Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of T......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

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

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

....id not inherit any land from her father-in-law Jatindra and that she has no life interest in the property left by Jatindra nor she claimed life interest in the property left by Jatindra that the unregistered deed of gift as claimed by the defendant No.1 is void in the eye of law, that although d......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. ...... March 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 DLR (AD) 237 ..

Category: Property Law | Date: | Hits: 23

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... 8292 of 2002 & 1164, 1165, 1166, 1167, 1168, 1169, 1170, 2731, 2732, 2733, of 2003 making the Rules absolute. 2. Short facts are that the writ petition­ers were appointed in various posts of the Trading Corporation of Bangladesh (Shortly the T.C.B). By order under Memo No. BAM/OBA......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....hospital on 31.08.1994. The police investigated the case and the case and submitted charge sheet on 26.02.1995 and the case was sent to the court of the learned Sessions Judge for trial, which was registered as Sessions Case No. 24 of 1998. 4. Facts necessary for disposal of the Criminal ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Shahabuddin Vs. State, 2006, 35 CLC (AD)

....2003 on which dated he arrested was produced before the court. Thereafter he preferred an application under Section 561A of the Code of Criminal Procedure praying to quash the proceeding, which was registered as Criminal Miscellaneous Case No. 12022 of 2003 and a Division Bench of High Court Div...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45